{
  "url": "https://openlegislation.uk/energy-act-2004/schedule-8/paragraph-1",
  "json_url": "https://openlegislation.uk/energy-act-2004/schedule-8/paragraph-1.json",
  "legislation": "ukpga/2004/20",
  "legislation_title": "Energy Act 2004",
  "legislation_url": "https://openlegislation.uk/energy-act-2004",
  "path": "schedule/8/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": null,
  "text": "(1) In this Schedule—\n“BNFL company” means BNFL or a subsidiary of BNFL;\n“the designated date” means such date as the Secretary of State may by order designate for the purposes of this Schedule;\n“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);\n“non-nuclear pension scheme” means a pension scheme that is not a nuclear pension scheme;\n“nuclear pension scheme” means—\n(a)a UKAEA pension scheme;\n(b)an NDA pension scheme;\n(c)a pension scheme maintained by or on behalf of a nuclear company which is wholly-owned by the Crown; or\n(d)a pension scheme designated for the purposes of this Schedule by an order made by the Secretary of State;\n“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—\n(a)the UKAEA;\n(b)the NDA;\n(c)the nuclear company in question; or\n(d)the person specified in the order designating the scheme;\n“private sector employer” means a person who is not a relevant public sector employer;\n“public sector employee” means a person who is—\n(a)an employee of the UKAEA;\n(b)an employee of a subsidiary of the UKAEA; or\n(c)an employee of, or a director or other officer of, a BNFL company that is publicly controlled;\n“relevant public sector employer” means any of the following—\n(a)the UKAEA;\n(b)the NDA;\n(c)the Civil Nuclear Police Authority;\n(d)a publicly controlled company;\n“transfer arrangements” means arrangements for the transfer of any of the following otherwise than in accordance with a nuclear transfer scheme—\n(a)securities of, or voting rights in, a company; or\n(b)a business, or a part of a business;\n“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).\n(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—\n(a) the trust deed of the scheme, if there is one;\n(b) rules of the scheme; or\n(c) any other instrument relating to the constitution, management or operation of the scheme.\n(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—\n(a) a person specified in sub-paragraph (4) holds all the shares; or\n(b) two or more persons so specified, taken together, hold all the shares.\n(4) Those persons are—\n(a) the Treasury;\n(b) a Minister of the Crown;\n(c) another company which is wholly-owned by the Crown; or\n(d) a nominee of a person falling within paragraphs (a) to (c).\n(5) A reference in this Schedule to a nuclear transfer scheme includes a reference to a modification agreement (within the meaning of Schedule 5).\n(6) References in this Schedule to a person being eligible to become a participant in a pension scheme if he fulfils a condition—\n(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\n(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.\n(7) In this paragraph “company” means a company as defined in section 1(1) of the Companies Act 2006.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 8 para. 1 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2004/20/schedule/8/paragraph/1",
    "retrieved_at": "2026-10-29T09:17:05.990250+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."
}