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The Occupational Pension Schemes (Scottish Parliamentary Pensions Act 2009) Regulations 2009

S.I. 2009/1906 · Made 15 July 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Pensions

Made 15th July 2009

Laid before Parliament 20th July 2009

Coming into force 1st September 2009

The Secretary of State for Work and Pensions, being a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2, in relation to matters relating to personal and occupational pensions, makes the following Regulations in exercise of the powers conferred by section 2(2) of that Act, section 113(1) of the Pension Schemes Act 1993f3, sections 68(6), 73(2)(b), 75(1)(b), 124(1) and 174(2) of the Pensions Act 1995f4 and sections 38(1)(b), 52(1)(b), 126(1)(b), 182(1)(a), 221(1)(b), 241(8)(c), 315(2) and 318(1) of the Pensions Act 2004f5.

In accordance with section 120(1) of the Pensions Act 1995, section 185(1) of the Pension Schemes Act 1993f6 and section 317(1) of the Pensions Act 2004, before making these Regulations the Secretary of State for Work and Pensions has consulted such persons as the Secretary of State considers appropriate.

Annotations to the whole text

Footnotes

f1

S.I. 2004/3328.

f2

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of the European Union (Amendment) Act 2008 (c.7).

f3

1993 c.48. Section 113(1) was amended by section 52(1) of the Child Support, Pensions and Social Security Act 2000 (c.19).

f4

1995 c.26. Section 73 was substituted by section 270(1) of the Pensions Act 2004 (c.35); section 75(1) was substituted by section 271(1) of the Pensions Act 2004 (c.35). Section 124(1) is cited because of the meaning it gives to “prescribed” and “regulations”.

f5

2004 c.35. Section 318(1) is cited because of the meaning it gives to “prescribed” and “regulations”.

f6

Section 185(1) was amended by paragraph 46 of Schedule 3, and paragraph 80(a) of Schedule 5, to the Pensions Act 1995 (c.26).

Contents

  1. 1Citation and commencement
  2. 2Amendments to secondary legislation
  3. Signature
  4. Schedule: Amendments to secondary legislation
  5. The Occupational Pension Schemes (Disclosure of Information) Regulations 1996
  6. 1Paragraph 1
  7. The Pension Protection Fund (Entry Rules) Regulations 2005
  8. 2Paragraph 2
  9. The Occupational Pension Schemes (Employer Debt) Regulations 2005
  10. 3Paragraph 3
  11. The Occupational Pension Schemes (Winding up etc.) Regulations 2005
  12. 4Paragraph 4
  13. The Pensions Regulator (Contribution Notices and Restoration Orders) Regulations 2005
  14. 5Paragraph 5
  15. The Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005
  16. 6Paragraph 6
  17. The Occupational Pension Schemes (Scheme Funding) Regulations 2005
  18. 7Paragraph 7
  19. The Occupational Pension Schemes (Regulatory Own Funds) Regulations 2005
  20. 8Paragraph 8
  21. The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006
  22. 9Paragraph 9
  23. The Occupational Pension Schemes (Modification of Schemes) Regulations 2006
  24. 10Paragraph 10
  25. Explanatory note

1Citation and commencement

These Regulations may be cited as the Occupational Pension Schemes (Scottish Parliamentary Pensions Act 2009) Regulations 2009 and shall come into force on 1st September 2009.

2Amendments to secondary legislation

The Schedule to these Regulations has effect.

Signature

Signed by authority of the Secretary of State for Work and Pensions

Angela Eagle

Minister of State,

Department for Work and Pensions

15th July 2009

1

In paragraph 18 of Schedule 1 (basic information about the scheme) to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996f1, after “enactment” insert “(or any Act of the Scottish Parliament containing provision made by virtue of section 81(3) of the Scotland Act 1998)”.

2

In regulation 2(1) (schemes which are not eligible schemes) of the Pension Protection Fund (Entry Rules) Regulations 2005f1, after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

3

In regulation 4(1) (schemes to which section 75 of the 1995 Act does not apply) of the Occupational Pension Schemes (Employer Debt) Regulations 2005f1, after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

4

In regulation 3(1) (schemes to which section 73 of the 1995 Act does not apply) of the Occupational Pension Schemes (Winding up etc.) Regulations 2005f1, after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

5

In regulation 3 (prescribed schemes) of the Pensions Regulator (Contribution Notices and Restoration Orders) Regulations 2005f1, after paragraph (d) insert “(da) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

6

In regulation 2(1) (prescribed schemes) of the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations 2005f1, after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

7

In regulation 17(1) (exemptions - general) of the Occupational Pension Schemes (Scheme Funding) Regulations 2005f1, after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

8

In regulation 15(1) (exemptions) of the Occupational Pension Schemes (Regulatory Own Funds) Regulations 2005f1, after sub-paragraph (c) insert “(ca) a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

9

In regulation 2 (exemptions from requirement to have member-nominated trustees) of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006f1, after paragraph (i) insert “(ia) is a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive);”.

10

For regulation 8 (modification of schemes: prescribed schemes) of the Occupational Pension Schemes (Modification of Schemes) Regulations 2006f1, substitute—

“Modification of schemes: prescribed schemes

8

For the purposes of section 68(6) of the 1995 Act (the power to modify schemes by resolution does not apply to trust schemes within a prescribed class or description), the prescribed class or description of trust schemes is—

(a)

any scheme—

(i)

in respect of which any Minister of the Crown has given a guarantee or made arrangements for the purposes of securing that the assets of the scheme are sufficient to meet its liabilities; and

(ii)

which is a public service scheme; or

(b)

a scheme, provision for which is made by virtue of section 81(3) of the Scotland Act 1998 (remuneration of members of the Parliament and Executive).”.

Explanatory note

(This note is not part of the Regulations)

These Regulations amend secondary legislation in consequence of the Scottish Parliamentary Pensions Act 2009 (asp 1) (the “2009 Act”).

Paragraph 1 of the Schedule amends paragraph 18 of Schedule 1 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 (S.I. 1996/1655). Paragraph 18 requires scheme trustees, in certain circumstances, to disclose information about the short title of an enactment setting up a scheme or determining the rate or amount of benefits under a scheme. The amendment at paragraph 1 extends the requirement in paragraph 18 to the 2009 Act and other Acts of the Scottish Parliament which contain provision made by virtue of section 81(3) of the Scotland Act 1998 (c.46). Such legislation would not otherwise be covered by paragraph 18 as the definition of “enactment” as used in that paragraph does not extend to Acts of the Scottish Parliament.

The amendments at paragraphs 2 to 10 of the Schedule add any pension scheme for which provision is made further to section 81(3) of the Scotland Act 1998 (including the Scottish Parliamentary Pension Scheme) into existing statutory exemptions from certain regulatory requirements applying to occupational pensions.

An impact assessment has not been published for this instrument as it has no impact on the private, public and voluntary sectors.