The National Employment Savings Trust Order 2010

Interpretation U.K.

2.  In this Order—

“the 1999 Act” means the Welfare Reform and Pensions Act 1999(1);

“the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland) Order 1999(2);

“the Act” means the Pensions Act 2008;

“the NI Act” means the Pensions (No. 2) Act (Northern Ireland) 2008(3);

[F1 “the NI Preservation Regulations” means the Occupational Pension Schemes (Preservation of Benefit) Regulations (Northern Ireland) 1991;

“the Preservation Regulations” means the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991;]

“the corporation” means the National Employment Savings Trust Corporation established under section 75 of the Act(4);

“data” and “personal data” have the same meanings as in section 1 of the Data Protection Act 1998(5);

“employers’ panel” means the panel referred to in article 6(2)(b);

“jobholder” has the meaning given by –

(a)

in relation to Great Britain, section 1(1) of the Act; or

(b)

in relation to Northern Ireland, section 1(1) of the NI Act;

“member of the Scheme” means a person who has been admitted as a member of the Scheme under article 19 and whose pension account has not yet been fully discharged through the provision of one or more benefits under article 32;

“members’ panel” means the panel referred to in article 6(2)(a);

“member’s pension account” means an account maintained by the Trustee for a member of the Scheme comprising–

(a)

the member’s contributions;

(b)

contributions made by any participating employer;

(c)

any sums transferred into the Scheme in respect of the member;

(d)

investment returns; and

(e)

any other amounts paid to the Trustee to be applied to the member’s pension account,

less any expenses and outgoings properly deducted by the Trustee;

“the panels” means the members’ panel and the employers’ panel;

[F2 “participating employer” means an employer that has been admitted to participation in the Scheme and, except in articles 8 and 19, may include an employer that was formerly participating in the Scheme;]

“pension credit” means a credit–

(a)

in relation to Great Britain, under section 29 of the 1999 Act; or

(b)

in relation to Northern Ireland, under Article 26 of the 1999 Order;

“qualifying arrangement” has the same meaning–

(a)

in relation to Great Britain, as in paragraph 6(1) of Schedule 5 to the 1999 Act; or

(b)

in relation to Northern Ireland, as in paragraph 6(1) of Schedule 5 to the 1999 Order;

[F3 “qualifying person” and “qualifying self-employed person” have the same meanings as—

(a)

in Great Britain, in regulation 2(1) of the Occupational Pension Schemes (Cross-border Activities) Regulations 2005; or

(b)

in Northern Ireland, in regulation 2(1) of the Occupational Pension Schemes (Cross-border Activities) Regulations (Northern Ireland) 2005;

“quality requirement” means the quality requirement under—

(a)

in relation to Great Britain, Part 1 of the Act; or

(b)

in relation to Northern Ireland, Part 1 of the NI Act;]

“rules” means rules made under section 67 of the Act;

“the Scheme” means the pension scheme established by article 3(1); and

“the Trustee” means the person appointed as trustee of the Scheme.

Textual Amendments

F1 Words in art. 2 inserted (1.4.2017) by The National Employment Savings Trust (Amendment) Order 2015 (S.I. 2015/178), arts. 1, 2(2)

F2 Words in art. 2 substituted (1.4.2013) by The National Employment Savings Trust (Amendment) Order 2013 (S.I. 2013/597), arts. 1, 2(3)(a)

F3 Words in art. 2 inserted (1.4.2013) by The National Employment Savings Trust (Amendment) Order 2013 (S.I. 2013/597), arts. 1, 2(3)(b)

Commencement Information

I1 Art. 2 in force at 5.7.2010, see art. 1(3)

(1)

1999 c.30.

(2)

S.I. 1999/3147 (N.I. 11).

(3)

2008 c.13 (N.I.).

(4)

The corporation was so named by S.I. 2010/3.

(5)

1998 c.29. The definition of “data” in section 1 was amended by the Freedom of Information Act 2000 (c. 36), sections 68 and 86 and Schedule 8, Part III.