Regulation 3 Duties to secure pension protection

(1)

The duties prescribed in paragraph (2) apply to a local transport authority, or two or more such authorities acting jointly, which have made a scheme and which—

(a)

enter into a quality contract^f1 with a person under the scheme; or

(b)

enter into, in the circumstances described in section 134B(2) of the Act, any other agreement with a person for the provision of local services in the area to which the scheme relates.

(2)

The authority or authorities must ensure that any contract or agreement entered into with a person in a situation described in paragraph (1) is made, in the event of there being any transferring employees^f2, on terms—

(a)

that require the person to secure pension protection^f3 for every relevant employee,

(b)

that, where there are relevant employees, require the person—

(i)

to procure a pensions statement which satisfies the requirements prescribed in regulation 6, and

(ii)

to provide every relevant employee with a copy of any part of the statement which relates to that employee, and

(c)

that, so far as relating to—

(i)

the requirement to secure pension protection described in sub-paragraph (a), and

(ii)

the requirement to procure and provide the statement described in sub-paragraph (b),

are enforceable against the person by every relevant employee.

Annotations

Footnotes

f1: By virtue of section 162(1) of the Transport Act 2000, the term “quality contract” has the meaning given in section 124(4) of the Transport Act 2000.
f2: The term “transferring employee” is defined in section 134B(8)(a) of the Transport Act 2000.
f3: The term “pension protection” is defined in section 134B(8)(b) of the Transport Act 2000.