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Regulation 2 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In these Regulations—

  • “the Act” means the Pensions Act 2004;

  • “advocate” means a barrister, or a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct of the Law Society of England and Wales or the Law Society of Northern Ireland;

  • “assisted person” means a person in receipt of legal assistance;

  • “disposable income” and “disposable capital” mean, respectively, income and capital, calculated in accordance with regulations 16 to 33;

  • “legal assistance” means legal assistance in connection with proceedings which are before the Tribunal pursuant to a reference, and with regard to which a determination of the Tribunal disposing of the reference has not yet been made, and includes advice, assistance and representation for the purpose of those proceedings;

  • “partner” except in the expression “partner in a business” means a person with whom the applicant lives as a couple, and includes a person with whom the applicant is not currently living but from whom he is not living separate and apart;

  • “the Regulator” means the Pensions Regulator established under section 1 of the Act;

  • “representative” means a solicitor or an advocate;

  • “reference” means—

    1. (a)

      in England and Wales, a reference to the Tribunal under section 96(3) or 99(7) of the Act; or

    2. (b)

      in Northern Ireland, a reference to the Tribunal under Article 91(3) or 94(7) of the Pensions (Northern Ireland) Order 2005f1; and

  • “the Tribunal” means the Pensions Regulator Tribunal established under section 102 of the Act, and, for the purposes of these Regulations, includes—

    1. (a)

      any member of the panel of chairmen of the Tribunal established under paragraph 1 of Schedule 4 to the Act acting alone; and

    2. (b)

      any person acting on behalf of the Tribunal in accordance with regulation 42.

Annotations

Footnotes

f1

S.I.2005/255 (N.I.1).