49. On 24 February 2000, the respondents executed the 2000 deed of amendment, which did not have retrospective effect. The amendment was made under the power of amendment conferred under the 1997 deed. The recital to the deed of amendment sets out that at the time the 1997 deeds and rules were executed, the Respondents agreed

• "that the Defined Benefit Section of the Plan and the Money Purchase Section of the Plan were to be two sections of the same Plan and the same Trust, secured by

the assets of one Fund (as defined in the 1997 Deed) and;

• "that the Principal Employer should be at liberty, having first obtained the advice of the Actuary, to determine that credits to be made towards the Retirement Account of each Member of the M Plan be allocated from the Fund without the need for each Employer to make contributions to the Plan" and

•     "[The Respondents] have agreed to `amend the M Plan Rules in order to reflect more fully the agreement of the

[Respondents] referred to in D (ii) above."

The Actuary confirmed that in his opinion none of the amendments contravened provisos of the amendment clause, and had already given a certificate under section 67 of the Pensions Act 1995 ie certifying that in his opinion the exercise of the amendment power would not adversely affect any Scheme member in respect of the member's entitlement or accrued rights, without the member's consent.