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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—
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;
in relation to Wales, a county council or county borough council;
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1) (constitution of councils);
an administering authority as defined in Schedule 1 to the Local Government Pension Scheme Regulations 1997(2) (interpretation);
“public authority” means—
a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975)(3);
a government department (including any body or authority exercising statutory functions on behalf of the Crown);
the Scottish Ministers;
the National Assembly for Wales, or
a local authority.
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