# Energy Act 2004, Paragraph 1

Extent: E+W+S+N.I.

(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—
(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;
“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;
“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;
“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;
“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;
“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” means a company as defined in section 1(1) of the Companies Act 2006.

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Source: https://www.legislation.gov.uk/ukpga/2004/20/schedule/8/paragraph/1 (the official version)
Page: https://openlegislation.uk/energy-act-2004/schedule-8/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.