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The Electricity (Protected Persons) (Scotland) Pension Regulations 1990

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Indemnities in relation to breaches of duty

20.—(1) The following provisions of this regulation shall have effect in the event of any employer of a protected person being in breach of any duty imposed by these Regulations.

(2) In this regulation–

“relevant duty” means a duty imposed by these Regulations; and

“relevant employer” means an employer who is in breach of a relevant duty.

(3) If any parent company mentioned in paragraph (1)(a) of regulation 19 is required to fulfil a relevant duty, that parent company shall be entitled to an indemnity from the relevant employer.

(4) If any successor company mentioned in paragraph (1)(b) of regulation 19 is required to fulfil a relevant duty, that successor company shall be entitled to a joint and several indemnity from the relevant employer and the parent company (if any) of that employer.

(5) If any parent company of a successor company mentioned in paragraph (1)(c) of regulation 19 is required to fulfil a relevant duty, that parent company shall be entitled to a joint and several indemnity from the relevant employer, the parent company (if any) of that employer and any successor company mentioned in paragraph (1)(b) of that regulation.

(6) If any successor company mentioned in paragraph (1)(d) of regulation 19 is required to fulfil a relevant duty, that successor company shall be entitled to a joint and several indemnity from the relevant employer, the parent company (if any) of that employer, any successor company mentioned in paragraph (1)(b) of that regulation and any parent company of any such successor company.

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