# The Pension Protection Fund (Provision of Information) Regulations 2005, Regulation 2: Interpretation


(1) In these Regulations—
“the 1995 Act ” means the Pensions Act 1995;
“the Act” means the Pensions Act 2004 (any reference to a numbered section being to the section so numbered in that Act) ;
“appointed representative” means a person—
(a)whose name, address and appointment by the member or beneficiary for the purposes of—
(i)providing information to the Board; or
(ii)receiving information from the Board,
under regulation 3 or 5 have been notified to the Board in a document signed by the member or beneficiary in question or by his legal representative; and
(b)whose appointment has been consented to by the Board;
“the assessment date” means the date on which the assessment period in relation to the scheme or section, or (where there has been more than one such assessment period) the last one, began;
“assessment period” shall be construed in accordance with section 132 (assessment periods);
“beneficiary” in relation to an eligible scheme means any person, other than a member of that scheme, who is entitled to compensation in accordance with the pension compensation provisions;
“compensation payments” means one or more payments under section 83 of the 1995 Act ;
“the Compensation Regulations ” means the Occupational Pension Schemes (Pensions Compensation Provisions) Regulations 1997;
“eligible scheme” shall be construed in accordance with section 126 (eligible schemes);
“fraud compensation payments” means one or more payments under section 182(1) of the Act ;
“the Fraud Compensation Regulations ” means the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005;
“insolvency practitioner” shall be construed in accordance with section 121 (insolvency event, insolvency date and insolvency practitioner);
“multi-employer scheme” shall be construed in accordance with section 307(4);
“non-segregated scheme” means a multi-employer scheme which is not a segregated scheme;
“normal pension age” in relation to any pension or lump sum in respect of which compensation is payable shall be construed in accordance with paragraph 34 of Schedule 7 to the Act (pension compensation provisions);
“the Pensions Compensation Board” means the Board established under section 78 of the 1995 Act ;
“pension compensation provisions” shall be construed in accordance with section 162 (the pension compensation provisions);
“personal representative” means the executor, original or by representation, or administrator for the time being of a deceased person;
“recovery of value” shall be construed in accordance with section 184(3) of the Act or, as the case may be, in accordance with section 81(3)(f) of the 1995 Act ;
“review decision” shall be construed in accordance with section 207(1)(a) (review and reconsideration by the Board of reviewable matters); ...
“segregated scheme” means a multi-employer scheme which is divided into two or more sections where—
(a)any contributions payable to the scheme by an employer in relation to the scheme or by a member are allocated to that employer’s or that member’s section; and
(b)a specified proportion of the assets of the scheme is attributable to each section of the scheme and cannot be used for the purposes of any other section;
“transfer notice” shall be construed in accordance with section 160 (transfer notice).
(2) In these Regulations, “employer”, in relation to—
(a) an occupational pension scheme which is not a multi-employer scheme; or
(b) a single-employer section of a segregated scheme,
which has no active members, includes the person who was the employer of persons in the description of employment to which the scheme or section relates immediately before the time at which the scheme or section ceased to have any active members in relation to it.
(3) In these Regulations, “employer”, in relation to a non-segregated scheme or a multi-employer section of a segregated scheme—
(a) in an assessment period, includes any person who before the assessment date has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—
(i) condition A is that a debt under section 75 of the Pensions Act 1995 became due from that employer and the full amount of the debt has been paid before the assessment date;
(ii) condition B is that—
(aa) such a debt became due;
(bb) a legally enforceable agreement has been entered into the effect of which is to reduce the amount which may be recovered in respect of the debt; and
(cc) the reduced amount has been paid in full before the assessment date;
(iii) condition C is that such a debt became due but before the assessment date it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due;
(b) in any other case, includes any person who has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—
(i) condition A is that a debt under section 75 of the Pensions Act 1995 became due from that employer and the full amount of the debt has been paid;
(ii) condition B is that—
(aa) such a debt became due;
(bb) a legally enforceable agreement has been entered into the effect of which is to reduce the amount which may be recovered in respect of the debt; and
(cc) the reduced amount has been paid in full;
(iii) condition C is that such a debt became due but it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due.

---
Source: https://www.legislation.gov.uk/uksi/2005/674/regulation/2 (the official version)
Page: https://openlegislation.uk/pension-protection-fund-provision-of-information-regulations-2005/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.