39 The sum specified in a section 38 contribution notice

39  The sum specified in a section 38 contribution notice

(1)     The sum specified by the Regulator in a contribution notice under section 38 may be either the whole or a specified part of the shortfall sum in relation to the scheme.

(2)     Subject to subsection (3), the shortfall sum in relation to a scheme is—

(a)     in a case where, at the relevant time, a debt was due from the employer to the trustees or managers of the scheme under section 75 of the Pensions Act 1995 (c 26) (“the

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