Interpretation and application of Part II
9.—(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).