# The Pensions Act 2004 (Commencement No. 7) Order 2005

S.I. 2005/2447 · made 31 August 2005

This Order makes further provision for the coming into force of provisions of the Pensions Act 2004 (c. 35) (the Act).

Made under: Pensions Act 2004 (Section 315, Section 322)

PDFs: Printed copy https://openlegislation.uk/pensions-act-2004-commencement-no-7-order-2005/pdf/uksi_20052447_en.pdf

## Introductory text

PENSIONS
Made 31st August 2005
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 315(2) and (5) and 322(1) of the Pensions Act 2004, and of all other powers enabling him in that behalf, hereby makes the following Order:

## 1 Citation and interpretation

(1) This Order may be cited as the Pensions Act 2004 (Commencement No. 7) Order 2005.
(2) In this Order the Act means the Pensions Act 2004.

## 2 Appointed days

(1) The day appointed for the coming into force of section 90 of the Act (codes of practice), in so far as it is not already in force, is 14th November 2005.
(2) The day appointed for the coming into force of section 243 of the Act (member-nominated trustees and directors: supplementary) is 1st November 2005.
(3) The day appointed for the coming into force of
(a) paragraphs 19 and 20 of Schedule 12 to the Act (amendment of the Pension Schemes Act 1993), and section 319(1) of the Act in so far as it relates to those paragraphs; and
(b) Schedule 13 to the Act (repeals), in so far as it relates to the repeal of the definition of occupational pension scheme in subsection (3), and subsection (4), of section 123 of the Pension Schemes Act 1993 (interpretation), and section 320 of the Act in so far as it relates to those provisions,
is 22nd September 2005.
(4) The day appointed for the coming into force of the provisions of the Act specified in Part 1 of the Schedule to this Order is 1st September 2005.
(5) The day appointed for the coming into force of the provisions of the Act specified in Part 2 of the Schedule to this Order
(a) for the purpose only of conferring power to make regulations, is 1st November 2005; and
(b) for all other purposes, is 6th April 2006.

## Signature

Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
31st August 2005

## 1 PROVISIONS OF THE ACT COMING INTO FORCE ON 1st SEPTEMBER 2005

Provisions of the Act
Subject matter
section 206, in so far as it is not already in force
meaning of reviewable matters
section 302, in so far as it is not already in force
dissolution of the Pensions Compensation Board
section 306(1), (2)(a) to (g), (l) and (n) and (3)
overriding requirements
section 309
offences by bodies corporate and partnerships
section 310
admissibility of statements
section 311
protected items
section 312
liens
section 314
breach of regulations
section 319(2)(a)
minor and consequential amendments
sub-paragraphs (1) and (3) of paragraph 18 of Schedule 5, and section 109 in so far as it relates to those sub-paragraphs
the Board of the Pension Protection Fund - delegation
sub-paragraph (3) of paragraph 76 of Schedule 12, in so far as it relates to Chapter 5 of Part 2 of the Act (gathering information), and section 319(1) in so far as it relates to that provision
amendment of paragraph 1 of Schedule 1 to the Welfare Reform and Pensions Act 1999
Schedule 13, in so far as it relates to the repeal of paragraph 3(3) and (4) of Schedule 5 to the Child Support, Pensions and Social Security Act 2000 (miscellaneous amendments: protected rights), and section 320 in so far as it relates to that paragraph
repeals

## 2 PROVISIONS OF THE ACT COMING INTO FORCE ON 1st NOVEMBER 2005 FOR THE PURPOSE ONLY OF CONFERRING POWER TO MAKE REGULATIONS AND ON 6th APRIL 2006 FOR ALL OTHER PURPOSES

Provisions of the Act
Subject matter
section 241
requirement for member-nominated trustees
section 242
requirement for member-nominated directors of corporate trustees
section 262
modification of subsisting rights

## Explanatory note

(This note is not part of the Order)
This Order makes further provision for the coming into force of provisions of the Pensions Act 2004 (c. 35) (the Act).
Article 2(1) appoints the day for the coming into force of section 90 of the Act (codes of practice), in so far it is not already in force, as 14th November 2005.
Article 2(2) appoints the day for the coming into force of section 243 of the Act (member-nominated trustees and directors: supplementary) as 1st November 2005.
Article 2(3) appoints the day for the coming into force of paragraphs 19 and 20 of Schedule 12 to the Act (minor and consequential amendments) and section 319(1) in so far as it relates to those paragraphs, and Schedule 13 to the Act (repeals), in so far as it relates to the repeal of the definition of occupational pension scheme in subsection (3), and subsection (4), of section 123 of the Pension Schemes Act 1993 (c. 48) (interpretation) and section 320 in so far as it relates to those provisions, as 22nd September 2005.
Article 2(4) appoints the day for the coming into force of the provisions of the Act specified in Part 1 of the Schedule to the Order as 1st September 2005. The provisions are
section 206 (meaning of reviewable matters), in so far as it is not already in force;
section 302 (dissolution of the Pensions Compensation Board), in so far as it is not already in force;
section 306(1), (2)(a) to (g), (l) and (n) and (3) (overriding requirements);
section 309 (offences by bodies corporate and partnerships);
section 310 (admissibility of statements);
section 311 (protected items);
section 312 (liens);
section 314 (breach of regulations);
section 319(2)(a) (minor and consequential amendments);
sub-paragraphs (1) and (3) of paragraph 18 of Schedule 5 (the Board of the Pension Protection Fund - delegation), and section 109 in so far as it relates to those sub-paragraphs;
sub-paragraph (3) of paragraph 76 of Schedule 12 (amendment of the Pension Schemes Act 1993 (c. 48)), in so far as it relates to Chapter 5 of Part 2 of the Act (gathering information), and section 319(1) in so far as it relates to that provision; and
Schedule 13 (repeals), in so far as it relates to the repeal of paragraph 3(3) and (4) of Schedule 5 to the Child Support, Pensions and Social Security Act 2000 (c. 19) (miscellaneous amendments: protected rights), and section 320 in so far as it relates to that paragraph.
Article 2(5) appoints the day for the coming into force of sections 241 and 242 (requirements for member-nominated trustees and directors of corporate trustees) and 262 (modification of subsisting rights) for the purpose of conferring power to make regulations as 1st November 2005 and for all other purposes as 6th April 2006.

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Source: https://www.legislation.gov.uk/uksi/2005/2447 (the official version)
Page: https://openlegislation.uk/pensions-act-2004-commencement-no-7-order-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.