Schedules

Schedule 13Governance of gas and electricity industry codes: pensions

I12Participation in qualifying pension schemes and transfer of assets and rights

1

The GEMA may by regulations make such pensions provision as it considers appropriate in preparation for the granting of a code manager licence to a person in respect of a designated document.

2

Pensions provision” means provision in connection with a qualifying pension scheme, including provision for—

a

enabling a person to participate in the scheme;

b

the division of the scheme into different sections;

c

the participation in the different sections of different persons;

d

the allocation of assets, rights, liabilities or obligations between the different sections;

e

the transfer of assets and qualifying accrued rights from the scheme to another pension scheme (whether or not a qualifying pension scheme), without the need for any approval or consent to the transfer;

f

the valuation of assets and qualifying accrued rights in accordance with provision made by the regulations, for the purposes of their allocation to a particular section or for the purposes of their transfer as mentioned in paragraph (e);

g

the discharge of liabilities in respect of qualifying accrued rights that are transferred.

3

Regulations under sub-paragraph (1) may have retrospective effect.

4

Before making regulations under sub-paragraph (1), the GEMA must consult—

a

the trustee of the qualifying pension scheme or schemes in question, and

b

the person who is the principal employer in relation to that scheme or those schemes.

5

The approval of the Secretary of State is required for the making of regulations under sub-paragraph (1).