[39A Section 38 contribution notice: transfer of members of the scheme]

[39A  Section 38 contribution notice: transfer of members of the scheme]

[(1)     This section applies where—

(a)     the Regulator is of the opinion that in relation to a scheme (“the initial scheme”) in relation to which section 38 applies—

(i)     an act or failure to act falling within subsection (5) of that section has occurred (or first occurred) at any time, and

(ii)     the other conditions in that section for issuing a contribution notice are met in relation to the initial scheme (or, but for any transfer falling within paragraph (b), would be met), and

(b)     the accrued rights of at least two persons who were members of the initial scheme are transferred at that

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