{
  "url": "https://openlegislation.uk/electricity-protected-persons-scotland-pension-regulations-1990/regulation-3",
  "json_url": "https://openlegislation.uk/electricity-protected-persons-scotland-pension-regulations-1990/regulation-3.json",
  "legislation": "uksi/1990/510",
  "legislation_title": "The Electricity (Protected Persons) (Scotland) Pension Regulations 1990",
  "legislation_url": "https://openlegislation.uk/electricity-protected-persons-scotland-pension-regulations-1990",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Protected Employee",
  "text": "(1) Subject to paragraphs (2) and (3), this regulation applies to any person who–\n(a) immediately before the transfer date is an existing employee of the Scottish Boards or of a Consultative Council and is a participant in the North Scheme or the South Scheme;\n(b) is an existing employee of the Scottish Boards and, on or after that date participates in the North Scheme or the South Scheme within three months of his attaining the minimum age for such participation;\n(c) was formerly a member of the North Scheme or the South Scheme and, on or after that date, participates in or accrues pension rights under the Scheme in circumstances which, if the date upon which he had ceased to accrue pension rights in the Scheme had been after the transfer date, would not have been treated as a break in his continuity of employment under regulation 5; or\n(d) is a person who participates in the North Scheme or the South Scheme in pursuance of regulations made under paragraph 1(1)(a) of Schedule 15 to the Act.\n(2) Paragraph (1) shall cease to apply to any person–\n(a) who elects under regulation 17(1)(a) or (b) to cease to be a protected person or a protected employee;\n(b) who ceases to be in continuous employment for the purposes of regulation 5; or\n(c) as provided in the following paragraph.\n(3) Paragraph (1) shall, except in the circumstances described in paragraph (4)(d), cease to apply to any person who ceases, other than at the requirement of his employer, to participate in a relevant scheme (except as provided in paragraph (4)(b) or (c)) and does not, forthwith, become a participant in another such scheme, and transfer to that scheme at any time within a period of 2 years the pension rights which accrued to him before that time under the scheme from which he is withdrawing.\n(4) A person shall not cease to be a protected employee–\n(a) if, after ceasing to participate in a relevant scheme as a protected employee, he subsequently participates in another relevant scheme as a protected employee and has not, during the period in which he did not participate, ceased to be in continuous employment:\nProvided that he transfers to that scheme within a period of 2 years the pension rights which accrued to him under the relevant scheme in which he formerly participated;\n(b) if he would have ceased to be a protected employee as a result of a representation by or on behalf of his employer or prospective employer that the action by that person which would but for this sub-paragraph have caused him to cease to be a protected employee would not have that effect;\n(c) if, following any resolution to wind up the relevant scheme in which that person participates, he transfers to the relevant scheme provided under regulation 10, 11 or 12; or\n(d) if that person is a person who is enabled by virtue of provisions in regulations made under paragraph 1(1)(a) of Schedule 15 to the Act to continue to participate in the North Scheme and if, after ceasing to participate in a relevant scheme as a protected employee, he forthwith participates in another such relevant scheme as a protected employee and has not ceased to be in continuous employment and whether or not he has transferred to that scheme the pension rights which have accrued to him before that time under the scheme from which he is withdrawing:\nProvided that a person enabled by virtue of provisions in regulations made under paragraph 1(1)(a) of Schedule 15 to the Act to continue to participate in the North Scheme shall cease to be a protected employee in the circumstances where he has moved, other than at the requirement of his employer, from the post ascribed to him on the transfer date and within 2 years of the operative date of such a move, he does not transfer the pension rights which have accrued to him under the scheme from which he has withdrawn to another relevant scheme.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1990/510/regulation/3",
    "retrieved_at": "2026-10-29T15:25:08.625540+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}