[37 Payment of surplus to employer]

[37  Payment of surplus to employer]

[(1)     This section applies to a trust scheme if—

(a)     apart from this section power is conferred on the employer or any other person to make payments to the employer out of funds held for the purposes of the scheme, and

(b)     the scheme is not being wound up.

[(1A)     But this section does not apply in the case of any of the payments listed in paragraphs (c) to (f) of section 175 of the Finance Act 2004 (authorised employer payments other than public service scheme payments or authorised surplus payments).]

(2)     Where the power referred to in subsection (1)(a) is conferred by the scheme on a person other than the trustees—

(a)     it cannot be exercised by that person but may instead be exercised by the trustees, and

(b)     any restriction imposed by the scheme on the exercise of

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