Regulation 15 Amendment of regulation 23

(1)

Regulation 23 (exceptions to definition of “relevant employees”) shall be amended as follows.

(2)

In paragraph (1)—

(a)

after sub-paragraph (e) omit “and”; and

(b)

after sub-paragraph (f) insert—

“(g)
any employee who is now excluded from active membership of an occupational pension scheme of the employer because that employee ceased to be a member or active member of that scheme;
(h)
for the purposes only of consultation pursuant to section 3(2), and in relation to consultation for the purposes of any particular designation of a scheme pursuant to section 3(2), any employee who was not an employee of the employer on the date of commencement of that consultation.”.

(3)

After paragraph (2) insert—

“(3)
For the purposes of paragraph (1)(g), “active member” has the meaning given by section 124 of the 1995 Act M1, and “active membership” shall be construed accordingly.”.

Annotations

Marginal citations

M1: Section 124 was amended by sections 18 and 84 of, and paragraph 18 of Schedule 2 and paragraph 61 of Schedule 12 to, the Welfare Reform and Pensions Act 1999 (c.30), and by section 56 of, and paragraph 8(3) of Schedule 5 to, the Child Support, Pensions and Social Security Act 2000 (c.19).