PART 2THE TRANSFER

Employees

4.—(1) The Transfer of Undertakings (Protection of Employment) Regulations 2006(1) (“the Transfer Regulations”) and sections 257 and 258 of the Pensions Act 2004(2) apply on the Nationwide transfer as if any individual who is employed by Dunfermline Building Society is assigned to the organised grouping of resources or employees that is subject to the relevant transfer.

(2) Paragraph (1) applies whether or not the Nationwide transfer would otherwise be regarded for the purposes of the Transfer Regulations as giving rise to a relevant transfer.

(3) In this article—

(a)“organised grouping of resources or employees” is to be construed in accordance with the Transfer Regulations;

(b)“relevant transfer” is to be construed in accordance with Regulation 2 of the Transfer Regulations.