# The Occupational Pension Schemes (Investment) Regulations 2005, Regulation 6: Disapplication of section 35 of the 1995 Act and of regulations 2 , 2B and 3 in respect of certain schemes


(1) Section 35 of the 1995 Act and regulations 2 , 2B and 3 do not apply to any of the following schemes—
(a) a scheme which has fewer than 100 members; or
(b) a scheme which—
(i) is established by or under an enactment (including a local Act), and
(ii) is guaranteed by a public authority.
(2) In this regulation—
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
“local authority” means—
(a)in relation to England, a county council, a district council, a London borough council, the Greater London Authority, the Common Council of the City of London in its capacity as a local authority or the Council of the Isles of Scilly;
(b)in relation to Wales, a county council or county borough council;
(c)in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (constitution of councils);
(d)an administering authority as defined in Schedule 1 to the Local Government Pension Scheme Regulations 1997 (interpretation);
“public authority” means—
(a)a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) ;
(b)a government department (including any body or authority exercising statutory functions on behalf of the Crown);
(c)the Scottish Ministers;
(d)the National Assembly for Wales, or
(e)a local authority.

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Source: https://www.legislation.gov.uk/uksi/2005/3378/regulation/6 (the official version)
Page: https://openlegislation.uk/occupational-pension-schemes-investment-regulations-2005/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.