23. In regulation 3 (schemes to which section 73 of the 1995 Act does not apply) of the Occupational Pension Schemes (Winding up etc.) Regulations 2005(1)—
(a)in paragraph (1)(f)(ii), for “is not contracted-out” substitute “was not contracted-out at any time before the second abolition date”; and
(b)at the end insert—
“(3) In this regulation—
“contracted-out” is to be construed in accordance with section 7B(2) (meaning of “contracted-out scheme” etc.) of the Pension Schemes Act 1993; and
“the second abolition date” has the meaning given in section 181(1) (general interpretation) of the Pension Schemes Act 1993.”.