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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.