The Occupational Pension Schemes (Investment) Regulations 2005

Disapplication of section 35 of the 1995 Act and of regulations 2 and 3 in respect of certain schemes

6.—(1) Section 35 of the 1995 Act and regulations 2 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—

(a)

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;

(b)

in relation to Wales, a county council or county borough council;

(c)

in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1) (constitution of councils);

(d)

an administering authority as defined in Schedule 1 to the Local Government Pension Scheme Regulations 1997(2) (interpretation);

“public authority” means—

(a)

a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975)(3);

(b)

a government department (including any body or authority exercising statutory functions on behalf of the Crown);

(c)

the Scottish Ministers;

(d)

the National Assembly for Wales, or

(e)

a local authority.

(1)

1994 c. 39.

(2)

S.I. 1997/1612.

(3)

1997 c. 26.