These Regulations may be cited as the Transfer Values (Disapplication) Regulations 2010 and shall come into force on 5th July 2010.

In these Regulations—

• “the Act” means the Pension Schemes Act 1993;

• “incapacity” means physical or mental impairment which renders a member of the Scheme incapable of carrying on any occupation, where–

  1. a

     that member provides evidence to the scheme administrator from a registered medical practitioner that the member is (and will continue to be) suffering from that physical or mental impairment; and

  2. b

     that member certifies that they have in fact ceased to carry on any occupation;

• “normal minimum pension age” has the meaning given in section 279(1) of the Finance Act 20043;

• “the Scheme” means the pension scheme established by the Secretary of State under section 67(1) of the Pensions Act 2008;

• “scheme administrator” has the same meaning as in section 270 of the Finance Act 2004;

• “the transfer value provisions” means Chapter IV of Part IV (protection for early leavers) and Chapter II of Part IVA4 (requirements relating to pension credit benefit) of the Act; and

• “the Trustee” means the trustee corporation5 established under section 75 of the Pensions Act 2008.