Establishment of the M Plan

183. The 1997 amendments did not alter the main purpose of the Scheme as set out in the 1957 interim trust deed. That the proposals referred to in the recital to the interim trust deed have not been found does not lead me onto the view that in their absence no amendments can be made of the kind detailed above. The interim trust deed clearly envisaged that the proposals were not written in stone but could be changed before the deed bringing them into effect was executed. That the parties to the deed may not at the time have had money purchase sections of the Scheme in mind as a possibility does not mean that the establishment of such sections should, on that account, be seen as precluding such amendments.

The last sentence is a Straw Man.  Nobody had asserted the preclusion that the Ombudsman refutes.  The proposals in the recital only needed to say that the intent was to provide pensions based on final salary and the M-Plan would have to have been separated.  However, through lack of diligence in the investigation or for some other reason, that document is not available.