The Occupational and Personal Pension Schemes (General Levy) Regulations 2005

Interpretation

2.—(1) In these Regulations—

“the 1993 Act” means the Pension Schemes Act 1993;

“the 1995 Act” means the Pensions Act 1995;

“the 2004 Act” means the Pensions Act 2004;

“employer”, in relation to an occupational pension scheme, means the employer of persons in the description of employment to which the scheme relates;

“the general levy” means the levy imposed under section 175 of the 1993 Act by regulation 3(1) or (2);

“managers” has the same meaning as in the 2004 Act (see section 318 of that Act);

“member”—

(a)

in relation to an occupational pension scheme, has the meaning given by section 124(1) of the 1995 Act; and

(b)

in relation to a personal pension scheme, means a member of the scheme, including a member who has pension credit rights under the scheme,

but does not include a person the only entitlement in respect of whom is to benefits payable on his death;

“pension credit rights” has the meaning given by section 101B of the 1993 Act(1);

“the reference day” has the meaning given in regulation 5;

“registrable scheme” has the meaning given by section 59(2) of the 2004 Act and regulations made under that section, and “registrable occupational pension scheme” and “registrable personal pension scheme” are to be read accordingly;

“financial year” means a period of 12 months beginning on 1st April;

“scheme year”, in relation to a scheme, means–—

(a)

a year specified for the purpose of the scheme in any document comprising the scheme or, if there is none, a period of 12 months beginning on 1st April or on such other date as the trustees select; or

(b)

such other period (if any) exceeding 6 months but not exceeding 18 months as is selected by the trustees–

(i)

in connection with the commencement or termination of the scheme; or

(ii)

in connection with a variation of the date on which the year or period referred to in paragraph (a) is to begin;

“trustees”, in the case of a scheme which is not set up under a trust, means the managers of the scheme;

“unallocated assets”, in relation to a scheme, means any assets of the scheme which have not been specifically allocated for the provision of benefits to or in respect of members (whether generally or individually).

(2) These Regulations do not apply to any scheme which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000(2).

(1)

Section 101B was inserted by section 37 of the Welfare Reform and Pensions Act 1999 (c. 30).

(2)

S.I. 2000/3198.