Pension Schemes Act 1993

181 General interpretation. U.K.

(1) In this Act, unless the context otherwise requires—

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “age”, in relation to any person, shall be construed so that—

  (a)

  he is over or under a particular age if he has or, as the case may be, has not attained that age;

  (b)

  he is between two particular ages if he has attained the first but not the second;

• [F3 “appropriate scheme” and “appropriate scheme certificate” are to be construed in accordance with [F4 section 7B];]

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Category A retirement pension” and “Category B retirement pension” mean the retirement pensions of those descriptions payable under Part II of the M1 Social Security Contributions and Benefits Act 1992;

• [F5 “civil recovery order” means an order under section 266 of the Proceeds of Crime Act 2002 or an order under section 276 imposing the requirement mentioned in section 277(3).]

• [F6 “collective money purchase benefit” has the meaning given by section 1 of the Pension Schemes Act 2021;]

• “contract of service” has the same meaning as in section 122(1) of the Social Security Contributions and Benefits Act 1992;

• “contracted-out employment” shall be construed in accordance with section 8;

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “contracting-out certificate” and references to a contracted-out scheme and to contracting-out shall be construed in accordance with [F7 section 7B];

• “contributions equivalent premium” [F8 means a premium that was paid under] [F9 section 55(2)];

• “earner” and “earnings” shall be construed in accordance with [F10 section 8(1B) of this Act and] sections 3, 4 and 112 of the Social Security Contributions and Benefits Act 1992;

• “earnings factors” shall be construed in accordance with sections 22 and 23 of the Social Security Contributions and Benefits Act 1992;

• [F11 “employed earner” and “self-employed earner” have the meanings given by section 2 of the Social Security Contributions and Benefits Act 1992;]

• “employee” means a person gainfully employed in Great Britain either under a contract of service or in an office (including an elective office) with [F12 earnings];

• “employer” means—

  (a)

  in the case of an employed earner employed under a contract of service, his employer;

  (b)

  in the case of an employed earner employed in an office with emoluments—

  (i)

  such person as may be prescribed in relation to that office; or

  (ii)

  if no person is prescribed, the government department, public authority or body of persons responsible for paying the emoluments of the office;

• “employment” includes any trade, business, profession, office or vocation and “employed” shall be construed accordingly except in the expression “employed earner”;

• F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F14 “Financial Services Compensation Scheme” means the Financial Services Compensation Scheme referred to in section 213(2) of the Financial Services and Markets Act 2000.]

• [F15 “the first abolition date” has the meaning given by section 7A;]

• F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “guaranteed minimum pension” has the meaning given in section 8(2);

• [F17 “HMRC” means the Commissioners for Her Majesty's Revenue and Customs;]

• “independent trade union” has the same meaning as in the M2 Trade Union and Labour Relations (Consolidation) Act 1992;

• “industrial tribunal” means a tribunal established or having effect as if established under [F18 section 1(1) of the Industrial Tribunals Act 1996];

• “the Inland Revenue” means the Commissioners of Inland Revenue;

• F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “linked qualifying service” has the meaning given in section 179;

• “long-term benefit” has the meaning given in section 20(2) of the M3 Social Security Contributions and Benefits Act 1992;

• “lower earnings limit” and “upper earnings limit” shall be construed in accordance with section 5 of the Social Security Contributions and Benefits Act 1992 and “current”, in relation to those limits, means for the time being in force;

• “minimum contributions” shall be construed in accordance with sections 43 to 45;

• “minimum payment” has the meaning given in section 8(2);

• “modifications” includes additions, omissions and amendments, and related expressions shall be construed accordingly;

• “money purchase benefits”, in relation to a member of a personal or occupational pension scheme or the [F20 widow, widower or surviving civil partner] of a member of such a scheme, [F21 means—

  (a)

  benefits] the rate or amount of which is calculated by reference to a payment or payments made by the member or by any other person in respect of the member and [F22 which fall within section 181B] [F23 , and

  (b)

  collective money purchase benefits;]

• [F24 “money purchase contracted-out scheme” is to be construed in accordance with [F25 section 7B];]

• “money purchase scheme” means a pension scheme under which all the benefits that may be provided are money purchase benefits;

• “normal pension age” has the meaning given in section 180;

• “occupational pension scheme” has the meaning given in section 1;

• [F26 “overseas arrangement” means a scheme or arrangement which—

  (a)

  has effect, or is capable of having effect, so as to provide benefits on termination of employment or on death or retirement to or in respect of earners;

  (b)

  is administered wholly or primarily outside Great Britain;

  (c)

  is not an appropriate scheme; and

  (d)

  is not an occupational pension scheme;]

• [F27 “pension credit” means a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;]

• [F28 “pensionable age”—

  (a)

  so far as any provisions (other than sections 46 to 48) relate to guaranteed minimum pensions, means the age of 65 in the case of a man and the age of 60 in the case of a woman, and

  (b)

  in any other case, has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995]

• “pensionable service” has the meaning given in section 70(2);

• [F29 “pension debit” means a debit under section 29(1)(a) of the Welfare Reform and Pensions Act 1999;]

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “personal pension scheme” has the meaning given in section 1;

• “prescribe” means prescribe by regulations and “prescribed” shall be construed accordingly;

• F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the preservation requirements” has the meaning given in section 69(2);

• “primary Class 1 contributions” and “secondary Class 1 contributions” have the same meanings as in the Social Security Contributions and Benefits Act 1992;

• [F15 “the principal appointed day” means 6 April 1997 (which is the day designated as the principal appointed day for the purposes of Part 3 of the Pensions Act 1995);]

• “protected rights” has the meaning given in section 10 [F31 , as it had effect immediately prior to [F32 the first abolition date]];

• “public service pension scheme” has the meaning given in section 1;

• F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “regulations” means regulations made by the Secretary of State under this Act;

• [F34 “the Regulatory Authority” means the Pensions Regulator;]

• “resources”, in relation to an occupational pension scheme, means the funds out of which the benefits provided by the scheme are payable from time to time, including the proceeds of any policy of insurance taken out, or annuity contract entered into, for the purposes of the scheme;

• “rights”, in relation to accrued rights (within the meaning of section 73, 136 or 179) or transfer credits, includes rights to benefit and also options to have benefits paid in a particular form or at a particular time;

• F35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F15 “salary related contracted-out scheme” is to be construed in accordance with section 7B;]

• [F15 “the second abolition date” has the meaning given by section 7A;]

• “short service benefit” has the meaning given in section 71(2);

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “tax week” means one of the successive periods in a tax year beginning with the first day of that year and every seventh day thereafter, the last day of a tax year (or, in a leap year, the last two days) being treated accordingly as a separate tax week;

• “tax year” means the 12 months beginning with 6th April in any year;

• “trade or business”, in relation to a public or local authority, includes the exercise and performance of the powers and duties of the authority;

• “transfer credits” means rights allowed to an earner under the rules of an occupational pension scheme by reference to [F38 —

  (a)

  a transfer to the scheme of, or transfer payment to the trustees or managers of the scheme in respect of, any of his rights (including transfer credits allowed) under another occupational pension scheme or a personal pension scheme, other than rights attributable (directly or indirectly) to a pension credit, or

  (b)

  a cash transfer sum paid under [F39 Chapter 2 of Part 4ZA] in respect of him, to the trustees or managers of the scheme;]

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F40 “the upper accrual point” has the meaning given by section 122 of the Social Security Contributions and Benefits Act 1992;]

• F41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “week” means a period of seven days beginning with Sunday;

• [F42 “working life”, in relation to a person, means the period beginning with the tax year in which the person attains the age of 16 and ending with—

  (a)

  the tax year before the one in which the person attains the age of 65 in the case of a man or 60 in the case of a woman, or

  (b)

  if earlier, the tax year before the one in which the person dies.]

(2) References to employers in the provisions of this Act (other than sections 123 to 127, 157, [F43 and 160] (“the excluded provisions”)) are to be treated, in relation to persons within the application of an occupational pension scheme and qualifying or prospectively qualifying for its benefits, as including references to persons who in relation to them and their employment are treated by regulations as being employers for the purposes of those provisions.

(3) Subject to any such regulations, references to an employer in any of the provisions of this Act (other than the excluded provisions or F44 ... Chapter I of Part IV, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections F45 ... 153(2), 158(1) to (5), 162, 163, F46 ... and 176F46 ...) shall, in relation to an earner employed in an office with emoluments, be construed as references to—

(a) such person as may be prescribed in relation to that office; or

(b) if no person is prescribed, the government department, public authority or body of persons responsible for paying the emoluments of that office.

(4) Regulations may for any purpose of any provision of this Act (other than the excluded provisions or section F47 ... F48 ... F49 ... F48 ... 43 F50 ... , 111, 160, 164, 165 or 169) prescribe the persons who are to be regarded as members or prospective members of an occupational pension scheme and as to the times at which and the circumstances in which a person is to be treated as becoming, or as ceasing to be, a member or prospective member.

(5) In sections 165 and 166—

(a) references to the United Kingdom include references to the territorial waters of the United Kingdom; and

(b) references to Great Britain include references to the territorial waters of the United Kingdom adjacent to Great Britain.

(6) Any reference in section 185 or 186 to an order or regulations under this Act includes a reference to an order or regulations made under any provision of an enactment passed after this Act and directed to be construed as one with it; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and shall be without prejudice to the generality of any such direction.

(7) In the application of section 158 F51 ... to Northern Ireland any reference to a government department is to be taken to be, or to include (as the context may require), a Northern Ireland department.

Textual Amendments

F1 Words in s. 181(1) omitted (6.4.2016) by virtue of Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 43(3)

F2 Words in s. 181(1) repealed (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 77(a)(i), Sch. 7 Pt. III; S.I. 1997/664, art. 2(3), Sch. Pt. 2

F3 Words in s. 181(1) substituted (26.9.2007 for specified purposes, 6.4.2012 in so far as not already in force, that being "the abolition date" for the purposes of s. 15(1) of the amending Act) by Pensions Act 2007 (c. 22), ss. 15(4), 30(2)(b)(3), Sch. 4 para. 34(2)(b) (with Sch. 4 Pt. 3); S.I. 2011/1267, art. 2(a)

F4 Words in s. 181(1) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 43(4)

F5 Words in s. 181(1) inserted (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 22(6); S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

F6 Words in s. 181(1) inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 1 para. 3(2); S.I. 2022/721, regs. 1(2), 3(a)

F7 Words in s. 181(1) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 43(5)

F8 Words in s. 181(1) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 43(6)

F9 Words in s. 181(1) substituted (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 77(a)(ii); S.I. 1997/664, art. 2(3), Sch. Pt. 2

F10 Words in s. 181(1) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 43(7)

F11 Words in s. 181(1) substituted (11.11.1999 for specified purposes, 25.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(a), Sch. 2 para. 3(1); S.I. 2000/1047, art. 2(2)(b), Sch. Pt. 2

F12 Word in s. 181(1) substituted (13.5.2014) by National Insurance Contributions Act 2014 (c. 7), s. 15(4), Sch. 2 para. 13

F13 Words in s. 181(1) repealed (1.1.1996) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 3 para. 44(a)(i), Sch. 7 Pt. I; S.I. 1995/3104, art. 2(3)

F14 Words in s. 181(1) inserted (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 127(a)

F15 Words in s. 181(1) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 43(2)

F16 Words in s. 181(1) repealed (21.9.2008 with effect in relation to 2009-10 and subsequent tax years) by National Insurance Contributions Act 2008 (c. 16), s. 6(1), Sch. 2

F17 Words in s. 181(1) inserted (26.9.2007 for specified purposes, 6.4.2012 in so far as not already in force, that being "the abolition date" for the purposes of s. 15(1) of the amending Act) by Pensions Act 2007 (c. 22), ss. 15(4), 30(2)(b)(3), Sch. 4 para. 34(2)(a) (with Sch. 4 Pt. 3); S.I. 2011/1267, art. 2(a)

F18 Words in s. 181(1) substituted (22.8.1996) by Employment Tribunals Act 1996 (c. 17), s. 46, Sch. 1 para. 11 (with s. 38)

F19 Words in s. 181(1) repealed (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 127(b)

F20 Words in s. 181(1) substituted (5.12.2005) by The Civil Partnership (Pensions and Benefit Payments) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2053), art. 1(3), Sch. para. 18

F21 Words in s. 181(1) substituted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 1 para. 3(3)(a); S.I. 2022/721, regs. 1(2), 3(a)

F22 Words in s. 181(1) substituted (retrospective to 1.1.1997) by Pensions Act 2011 (c. 19), s. 29(1)(7), 38(4); S.I. 2014/1683, art. 2

F23 Words in s. 181(1) inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 1 para. 3(3)(b); S.I. 2022/721, regs. 1(2), 3(a)

F24 Words in s. 181(1) substituted (26.9.2007 for specified purposes, 6.4.2012 in so far as not already in force, that being "the abolition date" for the purposes of s. 15(1) of the amending Act) by Pensions Act 2007 (c. 22), ss. 15(4), 30(2)(b)(3), Sch. 4 para. 34(2)(d) (with Sch. 4 Pt. 3); S.I. 2011/1267, art. 2(a)

F25 Words in s. 181(1) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 43(8)

F26 Words in s. 181(1) inserted (1.1.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(b)(2), Sch. 5 para. 2(3) (with s. 83(6)); S.I. 2000/3166, art. 2(3)(b)(ii)

F27 Words in s. 181(1) inserted (1.12.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 12 para. 41(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. 4

F28 Words in s. 181(1) substituted (19.7.1995) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 17

F29 Words in s. 181(1) inserted (11.11.1999 for specified purposes) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 32(5), 89(5)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. 4

F30 Words in s. 181(1) repealed (6.4.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(3)(c), Sch. 13 Pt. VI; S.I. 1999/3420, art. 4(e)

F31 Words in s. 181(1) added (6.4.2012) by The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) Order 2011 (S.I. 2011/1730), arts. 1(2)(b), 5(22)(a)

F32 Words in Act substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 13 para. 2

F33 Words in s. 181(1) repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13 (with s. 313); S.I. 2005/695, art. 2(7), Sch. 1

F34 Words in s. 181(1) substituted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 7(2)(a), 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7

F35 Words in s. 181(1) repealed (6.4.2009) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 11 Pt. 2; S.I. 2009/82, art. 2(2)(g)

F36 Words in s. 181(1) repealed (11.11.1999 for specified purposes, 25.4.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(a), Sch. 2 para. 3(2)(c), Sch. 13 Pt. I; S.I. 2000/1047, art. 2(2)(b), Sch. Pt. 2

F37 Words in s. 181(1) omitted (6.4.2006) by virtue of The Taxation of Pension Schemes (Consequential Amendments) Order 2006 (S.I. 2006/745), arts. 1, 7(7)

F38 Words in s. 181(1) substituted (6.4.2006) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 31; S.I. 2005/3331, art. 2(6), Sch. Pt. 6

F39 Words in s. 181(1) substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 27 (with s. 87)

F40 Words in s. 181(1) inserted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 1 para. 38

F41 Words in s. 181(1) repealed (6.4.2006) by Pensions Act 2004 (c. 35), ss. 267(3), 322(1), Sch. 13 (with s. 313); S.I. 2006/560, art. 2(3), Sch. Pt. 3

F42 Words in s. 181(1) substituted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 282, 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7

F43 Words in s. 181(2) substituted (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 3 para. 44(b); S.I. 1997/664, art. 2(3), Sch. Pt. 2

F44 Words in s. 181(3) repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13 (with s. 313); S.I. 2005/695, art. 2(7), Sch. 1

F45 Words in s. 181(3) repealed (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 6 para. 14, Sch. 7 Pt. IV; S.I. 1997/664, art. 2(3), Sch. Pt. 2

F46 Words in s. 181(3) repealed (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 77(b), Sch. 7 Pt. III; S.I. 1997/664, art. 2(3), Sch. Pt. 2

F47 Words in s. 181(4) repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13 (with s. 313); S.I. 2005/695, art. 2(7), Sch. 1

F48 Words in s. 181(4) omitted (6.4.2012) by virtue of The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) Order 2011 (S.I. 2011/1730), arts. 1(2)(b), 5(22)(b)

F49 Word in s. 181(4) omitted (6.4.2015) by virtue of The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) Order 2011 (S.I. 2011/1730), arts. 1(2)(c), 9(7)

F50 Words in s. 181(4) repealed (6.4.2012 being "the abolition date" for the purposes of s. 15(1) of the amending Act) by Pensions Act 2007 (c. 22), ss. 15(4), 27(7), 30(2)(b), Sch. 4 para. 34(3), Sch. 7 Pt. 6 (with Sch. 4 Pt. 3); S.I. 2011/1267, art. 2(a)

F51 Words in s. 181(7) repealed (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 77(c), Sch. 7 Pt. III; S.I. 1997/664, art. 2(3), Sch. Pt. 2

Modifications etc. (not altering text)

C1 S. 181(1) modified (27.4.2005) by The Occupational and Personal Pension Schemes (Pension Liberation) Regulations 2005 (S.I. 2005/992), regs. 1(1), 2(5)(7)

C2 S. 181(1) modified (temp.) (27.4.2005) by The Occupational and Personal Pension Schemes (Pension Liberation) Regulations 2005 (S.I. 2005/992), regs. 1(1), 2(4)(6)

C3 S. 181(1) definition “money purchase benefits” modified by Pensions Act 1995 (c. 26), s. 67A(3B) (as inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), ss. 24(6), 131(1)(3)(a); S.I. 2022/721, regs. 1(2), 3(a))

Commencement Information

I1 Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2

Marginal Citations

M1 1992 c. 4.

M2 1992 c. 52.

M3 1992 c. 4.