Some commentators have expressed concern that the new proposals represent a "hardening" of the Regulator's attitude towards clearance applications. In practice, however, many of the new proposals are either already implicit in the current clearance guidance, or represent the approach already adopted by the Regulator's office to clearance applications. It seems unlikely that the proposals, if implemented, will make much difference to applications for clearance
That latter prediction has certainly come true: trustees do now play a more prominent role in M&A deals - the current bid for Sainsbury's, and current discussions at EMI, being particularly high profile examples. But the clearance procedure operated by the Regulator has gone a long way to calm the fears of private equity sponsors. It ensures that deals can be done (almost) without concern that the Regulator will subsequently require shortfalls in the pension fund to be made good by the employer, or people "connected or associated with" the employer.