In this paragraph—

• “the new Commission” means the Commission for Racial Equality;

• “present Commission employee” means a person who immediately before the repeal date is employed by the Community Relations Commission;

• “private pension scheme” means a scheme for the payment of pensions, allowances or gratuities other than one made under section 1 of the M1Superannuation Act 1972;

• “the repeal date” means the date on which the repeal of the M2Race Relations Act 1968 by this Act takes effect.

If a present Commission employee enters the employment of the new Commission on the repeal date and on so doing elects to be covered for his service in that employment by a private pension scheme in which he was a participant in respect of his service in the employment of the Community Relations Commission, the new Commission may make such payments towards the provison of benefits to or in respect of him under that scheme (or any other private pension scheme replacing it) as may be determined by the new Commission with the consent of the Secretary of State given with the approval of the Minister for the Civil Service; and it shall be the duty of the new Commission and those Ministers in the exercise of their functions under this sub-paragraph to ensure that his rights under the scheme do not become less advantageous than they were when he entered the employment of the new Commission.

Where a person who is employed by the new Commission and is in respect of that employment a participant in a private pension scheme becomes a Commissioner or an additional Commissioner, his service as a Commissioner or additional Commissioner may be treated for the purposes of the scheme as service as an employee of the new Commission.