The Railways Pension Scheme Order 1994

Participating Employer establishing or participating in a Section

Participating Employer who wants or is required to establish a new Section

3B—(1) Except as provided in this Clause an employer who wants or is required to establish a new Section must enter into a deed with the Trustee (“the Deed of Establishment and Participation”) substantially in the form set out in Part 1 of Appendix 3:

(a) agreeing to comply with the Pension Trust;

(b) establishing and naming its Section of the Scheme;

(c) identifying itself as the Participating Employer who is to be treated as the Designated Employer for its Section; and

(d) adopting and agreeing to comply with the rules of one of the Arrangements set out in Appendix 2; and

(e) agrees to apply to become a member of Railtrust Holdings Limited.

The British Railways Board must with effect from 1st October 1994 enter into the Deed of Establishment and Participation set out in Part 2 of Appendix 3.

Participating Employer who wants or is required to participate in an already established Section

(2) An employer who wants or is required to participate in an already established Section must enter into a deed with the Trustee and the Designated Employer for the appropriate Section agreeing to comply with the Pension Trust and the Rules of the Section in which it wants or is required to participate. If the employer is to become the Designated Employer for the Section in lieu of the existing Designated Employer then the deed shall so recite. The Participating Employer shall agree to apply to become a member of Railtrust Holdings Limited and the Participating Employers in the Section shall execute the deed to show their agreement to the change. The new Designated Employer shall notify the Pensions Committee of the change. The Pensions Committee for the Section must consent to the new employer’s participation except where the employer is required to participate in the Scheme in which case the Designated Employer shall inform the Pensions Committee.