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Textual Amendments
F1Pt. 2: heading "THE EMPLOYMENT FIELD" substituted (E.W.S.) for "EMPLOYMENT" (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(1)} and same heading substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 4(1)
Textual Amendments
F2Ss. 4G-4K and cross-heading inserted (E.W.S.) (1.12.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770), regs. 1(2)(3){3}
(1)In their application to communications, sections 4G to 4J apply in relation to a disabled person who is—
(a)entitled to the present payment of dependants' or survivors' benefits under an occupational pension scheme; or
(b)a pension credit member of such a scheme,
as they apply in relation to a disabled person who is a pensioner member of the scheme.
(2)In sections 4G to 4J and in this section—
“active member”, “deferred member”, “managers”, “pension credit member”, “pensioner member” and “trustees or managers” have the meanings given by section 124(1) of the Pensions Act 1995 F3 as at the date of coming into force of this section;
“communications” includes—
the provision of information, and
the operation of a dispute resolution procedure;
“member”, in relation to an occupational pension scheme, means any active, deferred or pensioner member;
“non-discrimination rule” means the rule in section 4G(1);
“relevant disabled person”, in relation to an occupational pension scheme, means a disabled person who is a member or prospective member of the scheme; and
“prospective member” means any person who, under the terms of his contract of employment or the scheme rules or both—
is able, at his own option, to become a member of the scheme,
will become so able if he continues in the same employment for a sufficiently long period,
will be admitted to it automatically unless he makes an election not to become a member, or
may be admitted to it subject to the consent of his employer.
Extent Information
E1This section extends to England and Wales and Scotland only; a separate s. 4K exists for Northern Ireland only from 21.2.2004.
Textual Amendments
Modifications etc. (not altering text)
C1Ss. 4-6 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3. {Sch.}