The Occupational Pension Schemes (Winding up etc.) Regulations 2005

Interpretation

2.—(1) In these Regulations––

“the 1995 Act” means the Pensions Act 1995;

“the 1999 Act” means the Welfare Reform and Pensions Act 1999;

“the 2004 Act” means the Pensions Act 2004;

“assessment period” has the meaning given by section 132 of the 2004 Act (assessment periods);

“the tax condition”, in relation to a scheme, means—

(a)

that the scheme has been approved by the Commissioners of the Board of Inland Revenue for the purposes of section 590 or 591 of the Income and Corporation Taxes Act 1988(1) (conditions for approval of retirement benefit schemes or discretionary approval) at any time before 6th April 2006; or

(b)

that the scheme is registered under section 153 of the Finance Act 2004 (registration of pension schemes).

(2) In these Regulations “scheme” must be read in appropriate cases in accordance with the modifications of sections 73 to 74 of the 1995 Act made by regulation 13 (multi-employer sectionalised schemes, schemes with partial government guarantee and partly foreign schemes); and “employer” and “member” must be read accordingly.

(3) Subject to paragraphs (1) and (2) and regulation 12 (commencement of winding up), expressions used in these Regulations have the same meaning as in Part 1 of the 1995 Act (see section 124 of that Act).

(1)

1988 c. 1.