Welfare Reform and Pensions Bill - continued        House of Commons
PART I, STAKEHOLDER PENSION SCHEMES - continued

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Application of certain enactments.     6. - (1) Sections 46 and 102 of the Employment Rights Act 1996 (occupational pension scheme trustees: protection from unfair dismissal and other detriment) shall apply in relation to an employee who is (or is a director of a company which is) a trustee of a scheme designated by his employer under section 3(2) as they apply in relation to an employee who is (or is a director of a company which is) a trustee of a relevant occupational pension scheme which relates to his employment.
 
      (2) Section 58 of that Act (occupational pension scheme trustees: time off) shall apply to the employer in relation to a designated scheme as it applies to the employer in relation to a relevant occupational pension scheme.
 
      (3) Schedule 1 (application of the 1993 and 1995 Acts to registered schemes) shall have effect.
 
      (4) In this section "relevant occupational pension scheme" has the meaning given by section 46 of the Employment Rights Act 1996.
 
Reduced rates of contributions etc: power to specify different percentages.     7. - (1) An order under section 42B(2) of the 1993 Act (determination and alteration of reduced rates of Class 1 contributions, and rebates, for members of money purchase contracted-out schemes) may specify different percentages in respect of earners by reference to whether the money purchase contracted-out scheme of which the earner is a member is or is not for the time being registered under section 2.
 
      (2) An order under section 45A(2) of that Act (determination and alteration of minimum contributions to be paid to appropriate personal pension schemes) may-
 
 
    (a) specify different percentages in respect of earners by reference to whether the appropriate personal pension scheme of which the earner is a member is or is not for the time being registered under section 2; and
 
    (b) specify different percentages in respect of earners by reference to the time when the earner first became a member of the scheme.
      (3) This section is without prejudice to section 182 of that Act (orders and regulations: general provisions).
 
Interpretation and application of Part I.     8. - (1) In this Part-
 
 
    "the 1993 Act" means the Pension Schemes Act 1993;
 
    "the 1995 Act" means the Pensions Act 1995;
 
    "the Authority" means the Occupational Pensions Regulatory Authority;
 
    "designated scheme", in relation to an employer, means a scheme designated by him under section 3(2);
 
    "occupational pension scheme" and "personal pension scheme" have the meanings given by section 1 of the 1993 Act;
 
    "pension scheme" means an occupational pension scheme or a personal pension scheme;
 
    "prescribed" means prescribed by regulations made by the Secretary of State;
 
    "stakeholder pension scheme" shall be construed in accordance with section 1.
      (2) This Part applies to a pension scheme managed by or on behalf of the Crown as it applies to other pension schemes; and, accordingly, references in this Part to a person in his capacity as a trustee or manager of, or person prescribed in relation to, a pension scheme include the Crown, or a person acting on behalf of the Crown, in that capacity.
 
      (3) This Part applies to persons employed by or under the Crown in like manner as if such persons were employed by a private person; and references in this Part to a person in his capacity as an employer include the Crown, or a person acting on behalf of the Crown, in that capacity.
 
      (4) Subsections (2) and (3) do not apply to any provision of this Part under or by virtue of which a person may be prosecuted for an offence; but such a provision applies to persons in the public service of the Crown as it applies to other persons.
 
      (5) Nothing in this Part applies to Her Majesty in Her private capacity (within the meaning of the Crown Proceedings Act 1947).
 
 
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