6.—(1) Section 35 of the 1995 Act and regulations 2 [F2, 2B] and 3 do not apply to any of the following schemes—
(a)a scheme which has fewer than 100 members; or
(b)a scheme which—
(i)is established by or under an enactment (including a local Act), and
(ii)is guaranteed by a public authority.
(2) In this regulation—
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
“local authority” means—
in relation to England, a county council, a district council, a London borough council, the Greater London Authority, the Common Council of the City of London in its capacity as a local authority or the Council of the Isles of Scilly;
in relation to Wales, a county council or county borough council;
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M1 (constitution of councils);
an administering authority as defined in Schedule 1 to the Local Government Pension Scheme Regulations 1997 M2 (interpretation);
“public authority” means—
a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) M3;
a government department (including any body or authority exercising statutory functions on behalf of the Crown);
the Scottish Ministers;
the National Assembly for Wales, or
a local authority.
Textual Amendments
F1Word in reg. 6 heading inserted (with application in accordance with reg. 1(10) of the amending S.I.) by The Occupational Pension Schemes (Administration, Investment, Charges and Governance) and Pensions Dashboards (Amendment) Regulations 2023 (S.I. 2023/399), regs. 1(3), 3(4)
F2Word in reg. 6(1) inserted (with application in accordance with reg. 1(10) of the amending S.I.) by The Occupational Pension Schemes (Administration, Investment, Charges and Governance) and Pensions Dashboards (Amendment) Regulations 2023 (S.I. 2023/399), regs. 1(3), 3(4)
Marginal Citations