Jurisdiction(s):
United Kingdom

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Key definition

Rules definition

What does Rules mean? Rules describes the written provisions that govern how a pension scheme operates—especially occupational pension schemes—usually contained in, or annexed to, the trust deed (trust deed and rules). Legislation refers to these as scheme rules (for example, Pensions Act 1995 and Pensions Act 2004 in the UK, and the Pensions Act 1990 in Ireland). Scheme rules set out eligibility, benefit structure (defined benefit or defined contribution), contributions, service and accrual, retirement options and ages, revaluation/indexation, ill‑health and death benefits, transfers in and out, leaver provisions, forfeiture, augmentation, priority on winding‑up, discretions and decision‑making, and the scheme’s amendment and termination powers. They also...

Property of unincorporated associations: trusts and contractual analysis, receipt and distribution (including winding up and bona vacantia), mortgaging land, and alternative incorporated structures

Published by a LexisNexis Property expert

Practice notes

What is an unincorporated association?

In Koeppler, an unincorporated association was characterised as “a group of people linked by recognisable rules and an identifiable membership”. This wording distils the longer definition set out in Burrell. From these (and other) formulations, it can be concluded that an unincorporated association must:

consist of at least two members involved in a non-commercial endeavour with some permanence; and
be governed by contractual rules that bind all members.

Many sports clubs, members’ clubs, political parties, charities and not-for-profit organisations operate in this way, commonly with little, if any, formal structure.

No separate legal capacity

An unincorporated association does not possess a legal personality distinct from its members. This absence of separate capacity creates a range of difficulties. A notable issue is that the association cannot hold property in its own name; instead, property must be held by individuals for the benefit of the association...

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Web page updated on 21/05/2026

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