Amendment of regulation 2315
1
Regulation 23 (exceptions to definition of “relevant employees”) shall be amended as follows.
2
In paragraph (1)—
a
after sub-paragraph (e) omit “and”; and
b
after sub-paragraph (f) insert—
g
any employee who is now excluded from active membership of an occupational pension scheme of the employer because that employee ceased to be a member or active member of that scheme;
h
for the purposes only of consultation pursuant to section 3(2), and in relation to consultation for the purposes of any particular designation of a scheme pursuant to section 3(2), any employee who was not an employee of the employer on the date of commencement of that consultation.
3
After paragraph (2) insert—
3
For the purposes of paragraph (1)(g), “active member” has the meaning given by section 124 of the 1995 Act M1, and “active membership” shall be construed accordingly.