26.        A definitive trust deed and rules (the 1995 deed) were dated 13 April 1995. These provided, among other things, that the Principal Employer could

•           Use any surplus to fund contributions holidays

• Set employers' contributions rates, having considered the advice of the actuary

•                        Close the Scheme to new members or introduce new members

•                        Require the Scheme to be wound-up. (The Trustee had a like power.) The Trustee could

• Increase pensions by such an amount as it determined from time to time on the basis of advice from the actuary and with the consent of the Principal Employer.

•                        Augment benefits, having considered the advice of the actuary and obtained

the consent of the Principal Employer on the basis that the employer paid such

further contributions into the fund as the actuary recommended as necessary.

•                        after consulting the actuary the Trustee might

"at any time and from time to time with the consent of the Principal Employer alter or modify all or any of the trusts, powers or provisions of this Deed or of the Rules and any such alteration or modification may have retrospective effect."

However, no alteration or amendment could be made which

"shall operate to effect a change of the main purpose of the Plan as set out in the Interim Trust Deed".

In addition no amendment could be made which

"authorise[d] the transfer or payment of any part of the Fund in any circumstances to the beneficial ownership of any Employer."