The provisions of this Part, regulations made under it and the Second Schedule override any rule of a scheme to the extent of a conflict. The Board will determine, on written application by an eligible person, whether (a) any provision of this Part (including as modified by regulations), any regulations or the Second Schedule conflicts with a rule of a scheme, (b) a scheme is a defined benefit scheme or a defined contribution scheme for the purposes of this Part, or (c) a member's service in relevant employment may be treated as terminated for the purposes of this Part.

Persons entitled to apply are the trustees of the scheme; any employer of persons in relevant employment to which the scheme applies; any member or prospective member of the scheme; and such other persons as may be prescribed where the Minister considers they ought to be entitled. A person who made or was entitled to make the application may appeal to the High Court on a point of law from a Board determination not later than six months after the date of the determination.