Energy Act 2004

Interpretation

1 (1) In this Schedule—

• “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)

  a UKAEA pension scheme;

  (b)

  an NDA pension scheme;

  (c)

  a pension scheme maintained by or on behalf of a nuclear company which is wholly-owned by the Crown; or

  (d)

  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—

  (a)

  the UKAEA;

  (b)

  the NDA;

  (c)

  the nuclear company in question; or

  (d)

  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—

  (a)

  an employee of the UKAEA;

  (b)

  an employee of a subsidiary of the UKAEA; or

  (c)

  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—

  (a)

  the UKAEA;

  (b)

  the NDA;

  (c)

  the Civil Nuclear Police Authority;

  (d)

  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—

  (a)

  securities of, or voting rights in, a company; or

  (b)

  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” has the same meaning as in the Companies Act 1985 (c. 6).