The Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005
S.I. 2005/441 · Made 2 March 2005 · Extends to United Kingdom
PENSIONS
Made 2nd March 2005
Laid before Parliament 2nd March 2005
Coming into force in accordance with regulation 1
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 307(1)(b) and (2)(b) and (e), 315(1), (2), (4) and (5) and 318(1) and (4)(a) of the Pensions Act 2004 M1, and of all other powers enabling him in that behalf, by this instrument, which contains regulations made before the end of the period of six months beginning with the coming into force of the provisions of that Act by virtue of which they is made M2, hereby makes the following Regulations:
Annotations to the whole text
Marginal citations
- M1
2004 c. 35. Section 318(1) is cited because of the meaning there given to “modifications”, “prescribed” and “regulations”.
- M2
See section 317 of the Pensions Act 2004 which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions of the Act (other than Part 8). This duty does not apply where regulations are made before the end of six months beginning with the coming into force of the provisions of the Act by virtue of which the regulations are made.
Contents
- Part 1: PRELIMINARY
- 1Citation, commencement and interpretation
- Part 2: SEGREGATED SCHEMES:
- Chapter: SINGLE EMPLOYER SECTIONS
- 2Application and effect
- 3Notification of insolvency events, confirmation of scheme status etc.
- 4Eligible schemes
- 5Board's duty where application or notification received under section 129
- 6Protected liabilities and assessment periods
- 7Directions and power to validate contraventions of section 135
- 8Valuation of assets
- 9Refusal to assume responsibility for a scheme
- 10Reconsideration and duty to assume responsibility for a scheme following reconsideration
- 11Closed schemes and requirement to wind up schemes with sufficient assets to meet protected liabilities
- 12Transfer notices and assumption of responsibility
- 13The pension compensation provisions
- Part 3: SEGREGATED SCHEMES:
- Chapter: MULTI-EMPLOYER SECTIONS WITHOUT REQUIREMENT FOR PARTIAL WIND UP ON WITHDRAWAL OF A PARTICIPATING EMPLOYER
- 14Application and effect
- 15Notification of insolvency events, confirmation of scheme status etc.
- 16Eligible schemes
- 17Duty to assume responsibility for schemes
- 18Board’s duty where application or notification received under section 129
- 19Protected liabilities
- 20Assessment periods
- 21Directions
- 22Power to validate contraventions of section 135 and Board to act as creditor of the employer
- 23Valuation of assets
- 24Refusal to assume responsibility for a scheme
- 25Reconsideration, closed schemes and requirement to wind up schemes with sufficient assets to meet protected liabilities
- 26Transfer notice and assumption of responsibility for a scheme
- 27The pension compensation provisions
- Part 4: SEGREGATED SCHEMES:
- Chapter: NON-SEGREGATED MULTI-EMPLOYER SECTIONS OF SEGREGATED SCHEMES WITH REQUIREMENT FOR PARTIAL WIND UP ON WITHDRAWAL OF PARTICIPATING EMPLOYER
- 28Application and effect
- 29Notification of insolvency events, confirmation of scheme status etc.
- 30Eligible schemes
- 31Duty to assume responsibility for schemes
- 32Board's duty where application or notification received under section 129
- 33Protected liabilities
- 34Assessment periods
- 35Directions
- 36Restrictions on winding up, discharge of liabilities etc, and power to validate contraventions of section 135
- 37Board to act as creditor of the employer
- 37AIll health pensions
- 38Valuation of assets
- 39Refusal to assume responsibility for a scheme
- 40Reconsideration
- 41Closed schemes, requirement to wind up schemes with sufficient assets and applications and notifications where closed schemes have insufficient assets
- 42Transfer notices and assumption of responsibility for a scheme
- 43Further actuarial valuation of segregated parts
- 44The pension compensation provisions
- Part 5: NON-SEGREGATED SCHEMES:
- Chapter: SCHEMES WITH A REQUIREMENT FOR PARTIAL WIND UP ON THE WITHDRAWAL OF A PARTICIPATING EMPLOYER
- 45Application and effect
- 46Notification of insolvency events, confirmation of scheme status etc.
- 47Eligible schemes
- 48Duty to assume responsibility for schemes
- 49Board's duty where application or notification received under section 129
- 50Protected liabilities and assessment period
- 51Directions
- 52Restrictions on winding up, discharge of liabilities etc and power to validate contraventions of section 135
- 53Board to act as creditor of the employer
- 53AIll health pensions
- 54Valuation of assets
- 55Refusal to assume responsibility for a scheme
- 56Reconsideration
- 57Closed schemes, requirement to wind up schemes with sufficient assets and applications and notifications where closed schemes have insufficient assets)
- 58Transfer notices and assumption of responsibility for a scheme
- 59Further actuarial valuation of segregated parts
- 60The pension compensation provisions
- Part 6: NON-SEGREGATED SCHEMES:
- Chapter: SCHEMES WITHOUT PROVISION FOR PARTIAL WIND UP ON WITHDRAWAL OF A PARTICIPATING EMPLOYER
- 61Application and effect
- 62Notification of insolvency events, confirmation of scheme status etc.
- 63Eligible schemes
- 64Duty to assume responsibility for schemes
- 65Applications and notifications and Board’s duty where application or notification received under section 129
- 66Assessment periods
- 67Power to validate contraventions of section 135 and Board to act as creditor of the employer
- 68Valuation of assets
- 69Refusal to assume responsibility
- 70Transfer notice and the pension compensation provisions
- Part 7: NON-SEGREGATED SCHEME WITH AN OPTION TO SEGREGATE ON THE WITHDRAWAL OF A PARTICIPATING EMPLOYER
- 71Application and effect
- Part 8: SEGREGATED SCHEMES:
- Chapter: MULTI-EMPLOYER SECTIONS OF SEGREGATED SCHEMES WITH AN OPTION TO SEGREGATE ON THE WITHDRAWAL OF A PARTICIPATING EMPLOYER
- 72Application and effect
- Part 9: MULTI-EMPLOYER SCHEMES:
- Chapter: THE PENSION PROTECTION LEVIES
- 73Modification of sections 175 to 181 of the Act: segregated schemes
- 74Modification of sections 175 to 181 of the Act: non-segregated schemes
- 75Modification of sections 175 to 181 of the Act: multi-employer sections of segregated schemes
- Part 10: FINANCIAL ASSISTANCE SCHEME FOR MEMBERS OF CERTAIN PENSION SCHEMES
- 76Modification of section 286 of the Act
- Signature
- Explanatory note