OpenLegislation

Article 2 InterpretationI1

United Kingdom

In this Order—

  • “the 1999 Act” means the Welfare Reform and Pensions Act 1999f1;

  • “the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland) Order 1999f2;

  • “the Act” means the Pensions Act 2008;

  • “the NI Act” means the Pensions (No. 2) Act (Northern Ireland) 2008f3;

  • F1“the NI Preservation Regulations” means the Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991;

  • “the Preservation Regulations” means the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991;

  • “the corporation” means the National Employment Savings Trust Corporation established under section 75 of the Actf4;

  • F2...;

  • “employers’ panel” means the panel referred to in article 6(2)(b);

  • “jobholder” has the meaning given by –

    1. (a)

      in relation to Great Britain, section 1(1) of the Act; or

    2. (b)

      in relation to Northern Ireland, section 1(1) of the NI Act;

  • “member of the Scheme” means a person who has been admitted as a member of the Scheme under article 19 and whose pension account has not yet been fully discharged through the provision of one or more benefits under article 32;

  • “members’ panel” means the panel referred to in article 6(2)(a);

  • “member’s pension account” means an account maintained by the Trustee for a member of the Scheme comprising–

    1. (a)

      the member’s contributions;

    2. (b)

      contributions made by any participating employer;

    3. (c)

      any sums transferred into the Scheme in respect of the member;

    4. (d)

      investment returns; and

    5. (e)

      any other amounts paid to the Trustee to be applied to the member’s pension account,

    less any expenses and outgoings properly deducted by the Trustee;

  • “the panels” means the members’ panel and the employers’ panel;

  • F3“participating employer” means an employer that has been admitted to participation in the Scheme and, except in articles 8 and 19, may include an employer that was formerly participating in the Scheme;

  • “pension credit” means a credit–

    1. (a)

      in relation to Great Britain, under section 29 of the 1999 Act; or

    2. (b)

      in relation to Northern Ireland, under Article 26 of the 1999 Order;

  • F4“personal data” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act).

  • “qualifying arrangement” has the same meaning–

    1. (a)

      in relation to Great Britain, as in paragraph 6(1) of Schedule 5 to the 1999 Act; or

    2. (b)

      in relation to Northern Ireland, as in paragraph 6(1) of Schedule 5 to the 1999 Order;

  • F5“qualifying person” and “qualifying self-employed person” have the same meanings as—

    1. (a)

      in Great Britain, in regulation 2(1) of the Occupational Pension Schemes (Cross-border Activities) Regulations 2005; or

    2. (b)

      in Northern Ireland, in regulation 2(1) of the Occupational Pension Schemes (Cross-border Activities) Regulations (Northern Ireland) 2005;

  • “quality requirement” means the quality requirement under—

    1. (a)

      in relation to Great Britain, Part 1 of the Act; or

    2. (b)

      in relation to Northern Ireland, Part 1 of the NI Act;

  • “rules” means rules made under section 67 of the Act;

  • “the Scheme” means the pension scheme established by article 3(1); and

  • “the Trustee” means the person appointed as trustee of the Scheme.

Annotations

Textual amendments

F1

Words in art. 2 inserted (1.4.2017) by The National Employment Savings Trust (Amendment) Order 2015 (S.I. 2015/178), arts. 1, 2(2)

F2

Words in art. 2 omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 362(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F3

Words in art. 2 substituted (1.4.2013) by The National Employment Savings Trust (Amendment) Order 2013 (S.I. 2013/597), arts. 1, 2(3)(a)

F4

Words in art. 2 inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 362(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F5

Words in art. 2 inserted (1.4.2013) by The National Employment Savings Trust (Amendment) Order 2013 (S.I. 2013/597), arts. 1, 2(3)(b)

Commencement

I1

Art. 2 in force at 5.7.2010, see art. 1(3)

Footnotes

f1

1999 c.30.

f2

S.I. 1999/3147 (N.I. 11).

f3

2008 c.13 (N.I.).

f4

The corporation was so named by S.I. 2010/3.