SCHEDULES
C1SCHEDULE 8Pensions
Part 5UKAEA pensions for employees of designated BNFL companies
I113
1
A UKAEA pension scheme may apply to employees of a designated BNFL company which is publicly controlled as it applies to persons to whom it applies apart from this paragraph.
2
The Secretary of State may, by direction, require the UKAEA to make such modifications of a UKAEA pension scheme as the Secretary of State considers appropriate in respect of the participation in such a scheme of employees of a designated BNFL company which is publicly controlled.
3
The Secretary of State may also, by direction, require the UKAEA to make such modifications of a UKAEA pension scheme as the Secretary of State considers appropriate for applying the provisions of such a scheme to persons—
a
who are directors, or other officers, of a designated BNFL company which is publicly controlled; and
b
who are not employees of that company.
4
A direction under this paragraph may require the UKAEA to make such supplemental, consequential and transitional provision modifying a UKAEA pension scheme as the Secretary of State considers appropriate.
5
Before giving a direction under this paragraph, the Secretary of State must consult—
a
the UKAEA;
b
the designated BNFL company in question;
c
the Treasury; and
d
such persons as appear to him to represent the employees, or directors or other officers, likely to be affected by the direction.
6
The power of the Secretary of State to give directions under this paragraph—
a
is in addition to the powers of the Secretary of State to give directions to the UKAEA under paragraphs 5 and 6 of this Schedule or section 3 of the Atomic Energy Authority Act 1954 (c. 32); and
b
is to be disregarded in construing those powers.
7
A designated BNFL company must pay such amounts to the UKAEA in respect of the participation in a pension scheme by virtue of this paragraph of employees of the company, or of any of its directors or other officers, as are—
a
agreed between the company and the UKAEA; or
b
in the absence of such agreement, determined by the Secretary of State.
8
In this paragraph “designated BNFL company” has the same meaning as in Schedule 7.
Sch. 8: power to amend conferred (26.10.2023) by Energy Act 2023 (c. 52), ss. 315, 334(2)(o)