Statutory Instrument 1990 No. 318

The Electricity Supply Pension Scheme (Transfer Date Amendments) Regulations 1990

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© Crown Copyright 1990

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1990 No. 318

ELECTRICITY

The Electricity Supply Pension Scheme (Transfer Date Amendments) Regulations 1990

The Secretary of State, in exercise of the powers conferred by section 104 of, and paragraphs 1 and 5(3)^[1] of Schedule 14 to, the Electricity Act 1989^[2], and of all other enabling powers, hereby makes the following Regulations:-

Citation and commencement
    1.—(1)  These Regulations may be cited as the Electricity Supply Pension Scheme (Transfer Date Amendments) Regulations 1990.

    (2)  Regulations 1 to 5 shall come into force on 30th March 1990 and regulation 6 shall come into force on 31st March 1990.

Interpretation
    2.—(1)  In these Regulations "the Pension Scheme" means the Electricity Supply Pension Scheme.

    (2)  Words and phrases defined in the Pension Scheme shall have the same meaning in these Regulations.

    (3)  Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or to a Schedule is a reference to the regulation bearing that number in or to the Schedule to these Regulations; and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.

Responsibility for contributions
    3.—(1)  Immediately prior to the transfer date, each Board^[3] shall be liable (to the exclusion of every other Board) for the contributions and payments to the Pension Scheme in respect of or in relation to each of the Members^[4] (including Special Members^[5] and persons entitled to Frozen Benefits^[5]) and Former Members^[5] who is or at the date he ceased to be in Service^[5] was-
 (i) the Employee^[5] of that Board;
 (ii) in respect of each Area Board, an officer of the Consultative Council^[5] established for the area of that Board;
 (iii) in respect of the Council^[5], an officer of the Electricity Consumers' Council; or
 (iv) any other person for whom the Board shall have assumed that liability under the Electricity Act 1989 or under any scheme made in relation to any transfer to be effected by that Act.

    (2)  Prior to the transfer date, the Council shall exercise its powers under the Pension Scheme to adopt provisions to take effect on the transfer date for the purpose of determining the Group Assets^[6] to be attributed to each Board in respect of all persons for which the Board shall have assumed liability under paragraph (1) or for which an Employer^[6] may assume liability in respect of a person joining the Pension Scheme thereafter, including provisions relating to management and administration.

Amendments to the Pension Scheme
    4.    The amendments to the Pension Scheme specified in Part I of the Schedule shall have effect.

Transfer of functions
    5.—(1)  Immediately prior to the transfer date-
 (a) each of the Functions^[6] of the Council under the Pension Scheme shall be transferred to the Co-ordinator^[6] in accordance with the amendments to the Pension Scheme made by paragraph (2); and
 (b) the Council shall be discharged from its obligations in respect of the future exercise and performance of the Functions.

    (2)  Immediately prior to the transfer date, for the expression "the Council" wherever the same occurs in the Pension Scheme (including any provision of a Former Scheme^[5] incorporated by reference into the Pension Scheme) there shall be substituted the expression "the Co-ordinator".

Transfer date amendments to the Pension Scheme
    6.—(1)  The amendments to the Pension Scheme specified in Part II of the Schedule shall have effect.

    (2)  In the Clauses, Rules and Appendix referred to in the first column of Part III of the Schedule the expression appearing opposite that Clause, Rule or Appendix in the second column of that Part of the Schedule shall be substituted for the expression "the Co-ordinator".

    (3)  Each Original Principal Employer^[6] shall participate in and be bound by the terms of the Pension Scheme for the benefit of and in relation to the Members (including Special Members and persons entitled to Frozen Benefits) and Former Members associated with its Group^[6].

John Wakeham

Secretary of State for Energy

Dated 21st February 1990

[1] See the definition of "prescribed" in section 64(1). back

[2] 1989 c. 29. back

[3] This word is defined in clause 46 of the Pension Scheme, as amended by the Electricity Supply Pension Scheme (Eligible Persons) Regulations 1990 (S.I. 1990/164), regulation 11(2) and Part II of the Schedule. back

[4] This word is defined in clause 46 of the Pension Scheme. back

[5] These words and phrases are defined in clause 46 of the Pension Scheme. back

[6] Definitions of these expressions are inserted into clause 46 of the Pension Scheme by these Regulations (see Part I of the Schedule). back

Explanatory Note