This Order may be cited as the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) (Establishment and Constitution) Order 2004 and shall come into force on 1st April 2004.

This Order applies to England and Wales except for Article 3(b) which applies to England only.

In this Order—

• “the Act” means the National Health Service Act 1977; and

• “the Agency” means the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) Special Health Authority established by this Order;

• “appropriate authority” means—

  1. a

     in relation to England, the Secretary of State for Health, and

  2. b

     in relation to Wales, the National Assembly for Wales;

• “the NHS Pension Scheme” means the National Health Service Pension Scheme for England and Wales2;

• “the 1997 Directions” means the Directions to the Morecambe Bay Health Authority with respect to the calculation of student allowances which came into force on 1st October 19973;

• “the 1999 Directions” means the Directions to the Morecambe Bay Health Authority with respect to the calculation of student allowances dated 10 February 19994;

• “the 1997 Agreement” means the Agreement which had effect from 1st October 1997 made between Morecambe Bay Health Authority and Blackpool Victoria Hospital National Health Service Trust5.