Electricity Act 1989

5(1)In this Schedule—E+W+S

  • “Consultative Council” means a Consultative Council established under section 7 of the M1Electricity Act 1947 for the area of an Area Board;

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

  • “existing body” means any of the following, namely, the Area Boards, the Generating Board and the Electricity Council;

  • “existing employee” means any person who, immediately before the transfer date, is employed by an existing body or a Consultative Council, or falls to be treated as employed by an existing body by virtue of regulations made under section 54(4) of the M2Electricity Act 1947 (service as a member to count as service as an employee);

  • “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 enactments” means [F1Part 4 of the Finance Act 2004 (pension schemes etc)] and Part III of the [F2Pension Schemes Act 1993 (so far as relating to occupational pension schemes within the meaning of that Act)];

  • “relevant scheme” has the meaning given by paragraph 2(1) above;

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

  • “wholly-owned subsidiary” has the same meaning as in the Companies Act 1985.

(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) above, expressions used in this Schedule which are also used in Part I or II of this Act have the same meanings as in that Part.

Textual Amendments

F2Words in Sch. 14 para. 5(1) substituted (7.2.1994) by 1993 c. 48, ss. 190, Sch. 8 para.23 (with ss. 6(8), 164); S.I. 1994/86, art. 2

Marginal Citations