The Electricity (Northern Ireland) Order 1992

1.—(1) In this Schedule— N.I.

• “employer”, in relation to a person employed by a company which is a wholly-owned subsidiary of another company, includes that other company;

• “existing employee” means any person who, immediately before the transfer date, is employed by Northern Ireland Electricity;

• “former participant” means any person who, immediately before the transfer date, is not a participant in the scheme but has pension rights under the scheme by virtue of his having been such a participant;

• “pension”, in relation to any person, means a pension of any kind payable to or in respect of him, and includes a lump sum, allowance or gratuity so payable and a return of contributions, with or without interest or any other addition;

• “pension rights”, in relation to any person, includes—

  (a)

  all forms of right to or eligibility for the present or future payment of a pension to or in respect of him; and

  (b)

  any expectation of the accruer of a pension to or in respect of him;

  and includes a right of allocation in respect of the present or future payment of a pension;

• “the relevant statutory provisions” means Chapter I of Part XIV of the Income and Corporation Taxes Act 1988F1 (retirement benefit schemes) and Part IV of the Social Security Pensions (Northern Ireland) Order 1975F2 (contracting-out);

• “relevant scheme” has the meaning given by paragraph 4(1);

• “the scheme” means the Northern Ireland Electricity Superannuation Scheme;

• “wholly-owned subsidiary” has the same meaning as in [F3 the Companies Acts (see section 1159 of the Companies Act 2006)].

(2) For the purposes of this Schedule, a company is wholly owned by one or more other companies if it has no members except—

(a) that other or those others and its or their nominees; and

(b) wholly-owned subsidiaries of that other or those others and their nominees.

(3) Subject to sub-paragraph (1), expressions used in this Schedule which are also used in Part II or III have the same meanings as in that Part.

F1 1988 c. 1

F2 1975 NI 15

F3 Sch. 11 para. 1(1): words in the definition of "wholly-owned subsidiary" substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 1(2), 2(1), Sch. 1 para. 135(4) (with art. 10)