OpenLegislation

Paragraph 1 I1

United Kingdom

(1)

In this Schedule—

  • “BNFL company” means BNFL or a subsidiary of BNFL;

  • “the designated date” means such date as the Secretary of State may by order designate for the purposes of this Schedule;

  • “NDA pension scheme” means a pension scheme maintained by or on behalf of the NDA under or by virtue of section 8(1)(a) or (b);

  • “non-nuclear pension scheme” means a pension scheme that is not a nuclear pension scheme;

  • “nuclear pension scheme” means—

    1. (a)

      a UKAEA pension scheme;

    2. (b)

      an NDA pension scheme;

    3. (c)

      a pension scheme maintained by or on behalf of a nuclear company which is wholly-owned by the Crown; or

    4. (d)

      a pension scheme designated for the purposes of this Schedule by an order made by the Secretary of State;

  • “pension scheme authority”, in relation to a nuclear pension scheme, means, according to whether the scheme falls within paragraph (a), (b), (c) or (d) of the preceding definition—

    1. (a)

      the UKAEA;

    2. (b)

      the NDA;

    3. (c)

      the nuclear company in question; or

    4. (d)

      the person specified in the order designating the scheme;

  • “private sector employer” means a person who is not a relevant public sector employer;

  • “public sector employee” means a person who is—

    1. (a)

      an employee of the UKAEA;

    2. (b)

      an employee of a subsidiary of the UKAEA; or

    3. (c)

      an employee of, or a director or other officer of, a BNFL company that is publicly controlled;

  • “relevant public sector employer” means any of the following—

    1. (a)

      the UKAEA;

    2. (b)

      the NDA;

    3. (c)

      the Civil Nuclear Police Authority;

    4. (d)

      a publicly controlled company;

  • “transfer arrangements” means arrangements for the transfer of any of the following otherwise than in accordance with a nuclear transfer scheme—

    1. (a)

      securities of, or voting rights in, a company; or

    2. (b)

      a business, or a part of a business;

  • “UKAEA pension scheme” means a pension scheme maintained by the UKAEA under paragraph 7(2)(b) of Schedule 1 to the Atomic Energy Authority Act 1954 (c. 32).

(2)

References in this Schedule to the modification of a pension scheme include references to the modification of any one or more of the following—

(a)

the trust deed of the scheme, if there is one;

(b)

rules of the scheme; or

(c)

any other instrument relating to the constitution, management or operation of the scheme.

(3)

For the purposes of this Schedule a body corporate is wholly-owned by the Crown if it is a company limited by shares and that company is one in which—

(a)

a person specified in sub-paragraph (4) holds all the shares; or

(b)

two or more persons so specified, taken together, hold all the shares.

(4)

Those persons are—

(a)

the Treasury;

(b)

a Minister of the Crown;

(c)

another company which is wholly-owned by the Crown; or

(d)

a nominee of a person falling within paragraphs (a) to (c).

(5)

A reference in this Schedule to a nuclear transfer scheme includes a reference to a modification agreement (within the meaning of Schedule 5).

(6)

References in this Schedule to a person being eligible to become a participant in a pension scheme if he fulfils a condition—

(a)

do not include references to his being eligible to become a participant in a scheme if a different person becomes his employer or if his employer becomes the subsidiary of a particular body corporate; but

(b)

do include references, in the case of a person whose participation in the scheme is temporarily suspended (whether by reason of a secondment or loan of his service or otherwise), to fulfilment of the conditions that would bring the suspension to an end.

(7)

In this paragraph “company” F1means a company as defined in section 1(1) of the Companies Act 2006.

Annotations

Textual amendments

F1

Words in Sch. 8 para. 1(7) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 220(10) (with art. 10)

Commencement

I1

Sch. 8 para. 1 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1

Notes on Schedule 8

Modifications

C1

Sch. 8: power to amend conferred (26.10.2023) by Energy Act 2023 (c. 52), ss. 315, 334(2)(o)