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Protected persons to whom the power does not apply

3.—(1) For the purposes of section 24(4)(a) (when the power may not be used), a person listed in this regulation is a “protected person in relation to a scheme”.

(2) A person who is a “protected employee” as defined by regulation 2(1) of the Electricity (Protected Persons) Pensions Regulations (Northern Ireland) 1992(1) on or after the amendment date.

(3) A person who falls within paragraph 9(5) of Schedule 8 to the Energy Act 2004(2) (persons entitled to pension protection under paragraphs 10 and 11) and to whom paragraph 9(2) of that Schedule applies.