Amendments to regulation 23
1
Regulation 2 (interpretation) is amended as follows.
3
4
After paragraph (3A), insert—
3B
An employer falls within this paragraph where it is—
a
a limited company, limited partnership or limited liability partnership;
b
a charitable company; or
c
a CIO.
3C
For the purposes of paragraph (3B)—
a
“charitable company”—
i
in relation to England and Wales, has the meaning given by section 193 of the Charities Act 2011(“the 2011 Act”)11; and
ii
in relation to Scotland, has the meaning given by section 112 of the Companies Act 198912;
b
“CIO”—
i
in relation to England and Wales, means a charitable incorporated organisation within the meaning of Part 11 of the 2011 Act; and
ii
in relation to Scotland, means a Scottish charitable incorporated organisation within the meaning of section 49 of the Charities and Trustee Investment (Scotland) Act 200513;
c
“limited company” has the meaning given by section 3(1) of the Companies Act 200614Act;
d
“limited liability partnership” has the meaning given by section 1(2) of the Limited Liability Partnerships Act 200015; and
e
“limited partnership” has the meaning given by section 4 of the Limited Partnerships Act 190716.
3D
Where regulation 6F(6)(f) applies, the definitions of “exiting employer” and “receiving employer” in paragraph (3A) shall be deemed to include deferred employers.
5
After paragraph (4D)17 insert—
4E
For the purposes of these Regulations “deferred employer” in relation to a multi-employer scheme means a person—
a
who formerly employed at least one active member of the scheme in respect of whom defined benefits were accruing;
b
in respect of whom a relevant event has not occurred; and
c
who—
i
has proposed to the trustees or managers of the scheme to enter into a deferred debt arrangement; and
ii
having made that proposal, is participating in a deferred debt arrangement.