{
  "url": "https://openlegislation.uk/pension-schemes-transfers-reorganisations-and-winding-up-transitional-provisions-order-2006/article-6",
  "json_url": "https://openlegislation.uk/pension-schemes-transfers-reorganisations-and-winding-up-transitional-provisions-order-2006/article-6.json",
  "legislation": "uksi/2006/573",
  "legislation_title": "The Pension Schemes (Transfers, Reorganisations and Winding Up) (Transitional Provisions) Order 2006",
  "legislation_url": "https://openlegislation.uk/pension-schemes-transfers-reorganisations-and-winding-up-transitional-provisions-order-2006",
  "path": "article/6",
  "kind": "article",
  "number": "6",
  "heading": "The transfer condition as it applies in the case of two or more transfers",
  "text": "(1) The transfer condition, as it applies in the case of two or more transfers, is met if conditions A to H are met.\n(2) Condition A is that, during the period beginning with 10th December 2003 and ending with 5th April 2006, there were two or more transfers of an undertaking, or part of an undertaking.\n(3) Condition B is that the TUPE Regulations applied to each transfer.\n(4) Condition C is that by virtue of each transfer, the employee ceased to be employed by the transferor and became employed by the transferee.\n(5) Condition D is that the transferor—\n(a) in the case of the first transfer, was the employer in relation to the original pension scheme, and\n(b) in the case of each subsequent transfer, was the employer in relation to the pension scheme of which the employee was a member immediately before the transfer.\n(6) Condition E is that the employee—\n(a) in the case of the first transfer, was a member of the original pension scheme at the time immediately before the employee became employed by the transferee, and\n(b) in the case of each subsequent transfer, was a member of a pension scheme in relation to which the transferor was the employer at the time immediately before the employee became employed by the transferee.\n(7) Condition F is that in the case of a transfer other than the final transfer, and from the time when he became employed by the transferee, the employee was a member of a pension scheme in relation to which the transferee was the employer.\n(8) Condition G is that in the case of the final transfer, and from the time when he became employed by the transferee, the employee—\n(a) was a member of a pension scheme in relation to which the transferee was the employer, or\n(b) was a member of one other pension scheme (“the new pension scheme”) in relation to which the transferee was the employer.\n(9) Condition H is that, as a result of the transfers, all the sums held for the purposes of, or representing the employee's accrued rights under, the original pension scheme have become held for the purposes of, or represented rights under, the new pension scheme.\n(10) In paragraph (2) the reference to an undertaking or part of an undertaking has the same meaning as in the TUPE Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/573/article/6",
    "retrieved_at": "2026-10-29T04:35:55.415091+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}