Part 9Enforcement

Chapter 5Miscellaneous

I1141Interpretation, etc.

1

This section applies for the purposes of this Part.

2

A reference to the responsible person, in relation to an equality clause or rule, is to be construed in accordance with Chapter 3 of Part 5.

3

A reference to a worker is a reference to the person to the terms of whose work the proceedings in question relate; and, for the purposes of proceedings relating to an equality rule or a non-discrimination rule, a reference to a worker includes a reference to a member of the occupational pension scheme in question.

4

A reference to the terms of a person's work is to be construed in accordance with Chapter 3 of Part 5.

5

A reference to a member of an occupational pension scheme includes a reference to a prospective member.

6

In relation to proceedings in England and Wales, a person has an incapacity if the person—

a

has not attained the age of 18, or

b

lacks capacity (within the meaning of the Mental Capacity Act 2005).

7

In relation to proceedings in Scotland, a person has an incapacity if the person—

a

has not attained the age of 16, or

b

is incapable (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)).

F18

Service complaint” means a complaint made under section 340A(1) or (2) of the Armed Forces Act 2006.

9

Criminal matter” means—

a

an investigation into the commission of an alleged offence;

b

a decision whether to commence criminal proceedings;

c

criminal proceedings.