Part 9Enforcement
Chapter 5Miscellaneous
141Interpretation, etc.
1
This section applies for the purposes of this Part.
2
A reference to the responsible person, in relation to an equality clause or rule, is to be construed in accordance with Chapter 3 of Part 5.
3
A reference to a worker is a reference to the person to the terms of whose work the proceedings in question relate; and, for the purposes of proceedings relating to an equality rule or a non-discrimination rule, a reference to a worker includes a reference to a member of the occupational pension scheme in question.
4
A reference to the terms of a person’s work is to be construed in accordance with Chapter 3 of Part 5.
5
A reference to a member of an occupational pension scheme includes a reference to a prospective member.
6
In relation to proceedings in England and Wales, a person has an incapacity if the person—
a
has not attained the age of 18, or
b
lacks capacity (within the meaning of the Mental Capacity Act 2005).
7
In relation to proceedings in Scotland, a person has an incapacity if the person—
a
has not attained the age of 16, or
b
is incapable (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)).
8
“Service complaint” means a complaint under section 334 of the Armed Forces Act 2006; and “service complaint procedures” means the procedures prescribed by regulations under that section (except in so far as relating to references under section 337 of that Act).
9
“Criminal matter” means—
a
an investigation into the commission of an alleged offence;
b
a decision whether to commence criminal proceedings;
c
criminal proceedings.