PART IISTAKEHOLDER PENSION SCHEMES
Interpretation and application of Part II9
1
In this Part—
“the Authority” means the Occupational Pensions Regulatory Authority;
“designated scheme” in relation to an employer, means a scheme designated by him for the purposes of Article 5(2);
“occupational pension scheme” and “personal pension scheme” have the meanings given by section 1 of the Pension Schemes Act;
“pension scheme” means an occupational pension scheme or a personal pension scheme;
“prescribed” means prescribed by regulations made by the Department;
“stakeholder pension scheme” shall be construed in accordance with Article 3.
2
The Department may by regulations make provision for a stakeholder pension scheme which—
a
is of a prescribed description, and
b
would (apart from the regulations) be an occupational pension scheme,
to be treated for all purposes, or for such purposes as may be prescribed, as if it were a personal pension scheme and not an occupational pension scheme.
3
This Part applies to a pension scheme managed by or on behalf of the Crown as it applies to other pension schemes; and, accordingly, references in this Part to a person in his capacity as a trustee or manager of, or person prescribed in relation to, a pension scheme include the Crown, or a person acting on behalf of the Crown, in that capacity.
4
This Part applies to persons employed by or under the Crown in like manner as if such persons were employed by a private person; and references in this Part to a person in his capacity as an employer include the Crown, or a person acting on behalf of the Crown, in that capacity.
5
Paragraphs (3) and (4) do not apply to any provision of this Part under which a person may be prosecuted for an offence; but such a provision applies to persons in the public service of the Crown as it applies to other persons.
6
Nothing in this Part applies to Her Majesty in Her private capacity (within the meaning of the [1947 c. 44.] Crown Proceedings Act 1947).