Amendments to regulation 23

1

Regulation 2 (interpretation) is amended as follows.

2

In paragraph (1)—

a

after the definition of “the corresponding assets”4 insert—

  • “deferred debt arrangement” means an arrangement that takes effect in accordance with regulation 6F5;

b

in the definition of “employer”6, after “6,” insert “6A, 6F,”;

c

after the definition of “frozen scheme”7 insert—

  • “the FSD Regulations” means the Pensions Regulator (Financial Support Directions etc.) Regulations 20058;

3

In paragraph (3A)9 in the definition of “receiving employer” for sub-paragraph (b)(ii) substitute—

ii

not associated but falls within paragraph (3B)10,

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.