1(1)In this Schedule—U.K.
“BNFL company” means BNFL or a subsidiary of BNFL;
“the designated date” means such date as the Secretary of State may by order designate for the purposes of this Schedule;
“NDA pension scheme” means a pension scheme maintained by or on behalf of the NDA under or by virtue of section 8(1)(a) or (b);
“non-nuclear pension scheme” means a pension scheme that is not a nuclear pension scheme;
“nuclear pension scheme” means—
a UKAEA pension scheme;
an NDA pension scheme;
a pension scheme maintained by or on behalf of a nuclear company which is wholly-owned by the Crown; or
a pension scheme designated for the purposes of this Schedule by an order made by the Secretary of State;
“pension scheme authority”, in relation to a nuclear pension scheme, means, according to whether the scheme falls within paragraph (a), (b), (c) or (d) of the preceding definition—
the UKAEA;
the NDA;
the nuclear company in question; or
the person specified in the order designating the scheme;
“private sector employer” means a person who is not a relevant public sector employer;
“public sector employee” means a person who is—
an employee of the UKAEA;
an employee of a subsidiary of the UKAEA; or
an employee of, or a director or other officer of, a BNFL company that is publicly controlled;
“relevant public sector employer” means any of the following—
the UKAEA;
the NDA;
the Civil Nuclear Police Authority;
a publicly controlled company;
“transfer arrangements” means arrangements for the transfer of any of the following otherwise than in accordance with a nuclear transfer scheme—
securities of, or voting rights in, a company; or
a business, or a part of a business;
“UKAEA pension scheme” means a pension scheme maintained by the UKAEA under paragraph 7(2)(b) of Schedule 1 to the Atomic Energy Authority Act 1954 (c. 32).
(2)References in this Schedule to the modification of a pension scheme include references to the modification of any one or more of the following—
(a)the trust deed of the scheme, if there is one;
(b)rules of the scheme; or
(c)any other instrument relating to the constitution, management or operation of the scheme.
(3)For the purposes of this Schedule a body corporate is wholly-owned by the Crown if it is a company limited by shares and that company is one in which—
(a)a person specified in sub-paragraph (4) holds all the shares; or
(b)two or more persons so specified, taken together, hold all the shares.
(4)Those persons are—
(a)the Treasury;
(b)a Minister of the Crown;
(c)another company which is wholly-owned by the Crown; or
(d)a nominee of a person falling within paragraphs (a) to (c).
(5)A reference in this Schedule to a nuclear transfer scheme includes a reference to a modification agreement (within the meaning of Schedule 5).
(6)References in this Schedule to a person being eligible to become a participant in a pension scheme if he fulfils a condition—
(a)do not include references to his being eligible to become a participant in a scheme if a different person becomes his employer or if his employer becomes the subsidiary of a particular body corporate; but
(b)do include references, in the case of a person whose participation in the scheme is temporarily suspended (whether by reason of a secondment or loan of his service or otherwise), to fulfilment of the conditions that would bring the suspension to an end.
(7)In this paragraph “company” [F1means a company as defined in section 1(1) of the Companies Act 2006].
Textual Amendments
F1Words in Sch. 8 para. 1(7) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 220(10) (with art. 10)
Commencement Information
I1Sch. 8 para. 1 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1