The Occupational Pension Schemes (Power to Amend Schemes to Reflect Abolition of Contracting-out) Regulations 2015

Protected persons to whom the power does not apply

This section has no associated Explanatory Memorandum

3.—(1) For the purposes of section 24(4)(a) of the Act (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)(England and Wales) Pension Regulations 1990 (interpretation)(1) on or after the amendment date.

(3) A person who is a “protected employee” as defined by regulation 2(1) of the Electricity (Protected Persons)(Scotland) Pension Regulations 1990 (interpretation)(2) on or after the amendment date.

(4) A person who is a “protected employee” as defined by article 1(2) of the Railway Pensions (Protection and Designation of Schemes) Order 1994 (citation, commencement and interpretation)(3) to whom part II of that Order has effect in relation to relevant pension rights, within the meaning of paragraph 6(3) of Schedule 11 to the Railways Act 1993 (the powers of protection)(4), accruing on or after the amendment date.

(5) A person who is a “protected employee” as defined by regulation 2(1) of the Coal Industry (Protected Persons) Pensions Regulations 1994 (interpretation)(5) on or after the amendment date.

(6) A person who is a “protected person” as defined by article 1(3) of the London Transport Pension Arrangements Order 2000 (citation, commencement and interpretation)(6) to whom that Order has effect on or after the amendment date.

(7) A person who falls within paragraph 9(5) of Schedule 8 to the Energy Act 2004 (persons entitled to pension protection under paragraphs 10 and 11)(7) and to whom paragraph 9(2) of that Schedule applies.

(3)

S.I. 1994/1432, to which there are amendments not relevant to these Regulations.

(6)

S.I. 2000/3386, to which there are amendments not relevant to these Regulations.