# Energy Act 2004, Paragraph 12


(1) The Secretary of State shall have power by direction to make such modifications of an NDA pension scheme as he considers appropriate for the purpose of securing—
(a) in relation to any proposed transfer, or
(b) in relation to transfers that he considers may occur,
that the scheme will be an appropriate pension scheme for the purposes of paragraph 10 or 11.
(2) The NDA shall also have power by direction to make such modifications of an NDA pension scheme as it considers appropriate for the purpose of securing—
(a) in relation to any proposed transfer, or
(b) in relation to transfers that it considers may occur,
that the scheme will be an appropriate pension scheme for the purposes of paragraph 10 or 11.
(3) Before making a modification under this paragraph the Secretary of State must consult—
(a) the NDA; and
(b) such persons as appear to him to represent the employees likely to be affected by the modification.
(4) Before making a modification under this paragraph the NDA must—
(a) consult such persons as appear to it to represent the employees likely to be affected by the modification; and
(b) obtain the consent of the Secretary of State to the modification.

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Source: https://www.legislation.gov.uk/ukpga/2004/20/schedule/8/paragraph/12 (the official version)
Page: https://openlegislation.uk/energy-act-2004/schedule-8/paragraph-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.