Modifications etc. (not altering text)
C1Pts. I-IV modified (6.4.2006) by Pensions Act 2004 (c. 35), ss. 254(3)(c), 322(1) (with s. 313); S.I. 2006/560, art. 2(3), Sch. Pt. 3
C2Pts. I-IV: power to modify conferred (6.4.2006) by Pensions Act 2004 (c. 35), ss. 321(1)(d), 322(1); S.I. 2006/560, art. 2(3), Sch. Pt. 3
C3Pt. I modified (1.4.2008) by The Agriculture and Horticulture Development Board Order 2008 (S.I. 2008/576), Sch. 4 para. 5
C4Pts. I-IV: power to modify conferred (26.11.2008) by Pensions Act 2008 (c. 30), ss. 146(2)(c), 149(2)
(1)In this Part—
“the 1993 Act” means the M1Pension Schemes Act 1993;
“the 1995 Act” means the M2Pensions Act 1995;
[F1 “ the Authority ” means the Pensions Regulator; ]
F2...
“occupational pension scheme” and “personal pension scheme” have the meanings given by section 1 of the 1993 Act;
“pension scheme” means an occupational pension scheme or a personal pension scheme;
“prescribed” means prescribed by regulations made by the Secretary of State;
“stakeholder pension scheme” shall be construed in accordance with section 1.
(2)The Secretary of State may by regulations make provision for a stakeholder pension scheme which—
(a)is [F3prescribed or is] of a prescribed description, and
(b)would (apart from the regulations) be an occupational pension scheme,
to be treated for all purposes, or for such purposes as may be prescribed, as if it were a personal pension scheme and not an occupational pension scheme.
(3)This Part applies to a pension scheme managed by or on behalf of the Crown as it applies to other pension schemes; and, accordingly, references in this Part to a person in his capacity as a trustee or manager of, or person prescribed in relation to, a pension scheme include the Crown, or a person acting on behalf of the Crown, in that capacity.
(4)This Part applies to persons employed by or under the Crown in like manner as if such persons were employed by a private person; and references in this Part to a person in his capacity as an employer include the Crown, or a person acting on behalf of the Crown, in that capacity.
(5)Subsections (3) and (4) do not apply to any provision of this Part under or by virtue of which a person may be prosecuted for an offence; but such a provision applies to persons in the public service of the Crown as it applies to other persons.
(6)Nothing in this Part applies to Her Majesty in Her private capacity (within the meaning of the M3Crown Proceedings Act 1947).
Textual Amendments
F1Words in s. 8(1) substituted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 7(2)(c), 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7
F2Words in s. 8(1) repealed (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(14), 149(1), Sch. 11 Pt. 1; S.I. 2012/2480, art. 2
F3Words in s. 8(2)(a) inserted (22.9.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 74; S.I. 2005/1720, art. 2(11)
Commencement Information
I1S. 8 wholly in force at 8.10.2001; s. 8 in force for certain purposes at Royal Assent, see s. 89(1)(5); s. 8 in force for certain purposes at 1.10.2000 by S.I. 2000/1047, art. 2(2)(c), Sch. Pt. III; s. 8(1) in force at 8.10.2001 insofar as not already in force by S.I. 2000/1047, art. 2(2)(e), Sch. Pt. V
Marginal Citations