Paragraph 1 I1
United Kingdom
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—
- (a)
a UKAEA pension scheme;
- (b)
an NDA pension scheme;
- (c)
a pension scheme maintained by or on behalf of a nuclear company which is wholly-owned by the Crown; or
- (d)
a pension scheme designated for the purposes of this Schedule by an order made by the Secretary of State;
- (a)
“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—
- (a)
the UKAEA;
- (b)
the NDA;
- (c)
the nuclear company in question; or
- (d)
the person specified in the order designating the scheme;
- (a)
“private sector employer” means a person who is not a relevant public sector employer;
“public sector employee” means a person who is—
- (a)
an employee of the UKAEA;
- (b)
an employee of a subsidiary of the UKAEA; or
- (c)
an employee of, or a director or other officer of, a BNFL company that is publicly controlled;
- (a)
“relevant public sector employer” means any of the following—
- (a)
the UKAEA;
- (b)
the NDA;
- (c)
the Civil Nuclear Police Authority;
- (d)
a publicly controlled company;
- (a)
“transfer arrangements” means arrangements for the transfer of any of the following otherwise than in accordance with a nuclear transfer scheme—
- (a)
securities of, or voting rights in, a company; or
- (b)
a business, or a part of a business;
- (a)
“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).
References in this Schedule to the modification of a pension scheme include references to the modification of any one or more of the following—
the trust deed of the scheme, if there is one;
rules of the scheme; or
any other instrument relating to the constitution, management or operation of the scheme.
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 person specified in sub-paragraph (4) holds all the shares; or
two or more persons so specified, taken together, hold all the shares.
Those persons are—
the Treasury;
a Minister of the Crown;
another company which is wholly-owned by the Crown; or
a nominee of a person falling within paragraphs (a) to (c).
A reference in this Schedule to a nuclear transfer scheme includes a reference to a modification agreement (within the meaning of Schedule 5).
References in this Schedule to a person being eligible to become a participant in a pension scheme if he fulfils a condition—
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
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.
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)