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The Pensions Act 2004 (Commencement No. 9) Order 2006

S.I. 2006/560 · Made 2 March 2006

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 2nd March 2006

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 315(2) and 322(1) of the Pensions Act 2004f1:

Annotations to the whole text

Footnotes

f1

2004 c. 35.

Contents

  1. 1Citation and interpretation
  2. 2Appointed days
  3. Signature
  4. Schedule
  5. 1PROVISIONS OF THE ACT COMING INTO FORCE ON 9th MARCH 2006 FOR THE PURPOSE ONLY OF CONFERRING POWER TO MAKE REGULATIONS AND ON 6th APRIL 2006 FOR ALL OTHER PURPOSES
  6. 2PROVISIONS OF THE ACT COMING INTO FORCE ON 1st APRIL 2006
  7. 3PROVISIONS OF THE ACT COMING INTO FORCE ON 6th APRIL 2006
  8. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Pensions Act 2004 (Commencement No. 9) Order 2006.

(2)

In this Order “the Act” means the Pensions Act 2004.

2Appointed days

(1)

The day appointed for the coming into force of the provisions of the Act specified in Part 1 of the Schedule—

(a)

for the purpose only of conferring power to make regulations, is 9th March 2006;

(b)

for all other purposes, is 6th April 2006.

(2)

The day appointed for the coming into force of the provisions of the Act specified in Part 2 of the Schedule is 1st April 2006.

(3)

The day appointed for the coming into force of the provisions of the Act specified in Part 3 of the Schedule 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

2nd March 2006

1PROVISIONS OF THE ACT COMING INTO FORCE ON 9th MARCH 2006 FOR THE PURPOSE ONLY OF CONFERRING POWER TO MAKE REGULATIONS AND ON 6th APRIL 2006 FOR ALL OTHER PURPOSES

Provisions of the ActSubject Matter
section 249(2)requirement for knowledge and understanding: supplementary
sections 250 and 251payment of surplus to employer and transitional power to amend scheme

2PROVISIONS OF THE ACT COMING INTO FORCE ON 1st APRIL 2006

Provisions of the ActSubject Matter
section 151(8), in so far as it is not already in forceapplication for reconsideration: definitions
section 173(1)(b), in so far as it is not already in forcePension Protection Fund
section 177(9), in so far as it is not already in forceamounts to be raised by the pension protection levies: definitions

3PROVISIONS OF THE ACT COMING INTO FORCE ON 6th APRIL 2006

Provisions of the ActSubject Matter
section 18, in so far as it is not already in forcepension liberation: interpretation
section 86, in so far as it is not already in forcedisclosure for facilitating exercise of functions by other supervisory authorities
section 160(7), in so far as it is not already in forcetransfer notice
section 165guaranteed minimum pensions
section 169(1) and (2)(a) to (c)discharge of liabilities in respect of compensation
section 173(1)(a) and (f), and (3), in so far as it is not already in forcePension Protection Fund
section 204, in so far as it is not already in forcesections 190 to 203: interpretation
sections 247, 248 and 249, in so far as they are not already in forcerequirement for knowledge and understanding: individual trustees, corporate trustees and supplementary
section 254representative of non-European scheme to be treated as trustee
section 267voluntary contributions
section 268payments made by employers to personal pension schemes
section 306(2)(j) and (k), (4) and (5)overriding requirements
section 321pre-consolidation amendments
Schedule 4, in so far as it is not already in force, and section 102 in so far as it is not already in forceThe Pensions Regulator Tribunal
Schedule 5, paragraph 18(2), in so far as it is not already in force, and section 109 in so far as it relates to that paragraphdelegation

Schedule 12, in so far as it relates to—

  • paragraphs 5, in so far as it is not already in force, 10, 11(1), in so far as it relates to sub-paragraph (2), and (2), 14 to 17, 21 and 22, 27, 29, 33, 48, 57 and 58, 62 in so far as it is not already in force, 64 and 65 and 76(3), in so far as it is not already in force

and section 319(1) in so far as it relates to those provisions

consequential amendments

Schedule 13, in so far as it relates to the repeals there specified in relation to—

  • the Pension Schemes Act 1993f1, sections 111, 111A(10), 111B, 132, 148(5), 149(1), (1A) and (1B), 149(3), 149(6), 149(8), 151(1) and (3), 158, 177(5), 181(1) so far as it relates to the definition of “voluntary contributions requirements”, and Schedule 9;

  • the Pensions Act 1995f2, sections 38(2)(b), 69, 71A(4), 72B(7) and (8)(b), 76, 87(5)(a), 88(4)(a), 118(3), 119, 124(1) (in so far as it relates to the definitions of “member-nominated director” and “member-nominated trustee”), 142(5), 178(2), Schedule 2, Schedule 3 paragraphs 12 and 44(a)(ii) and Schedule 6;

  • the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995f3;

  • the Bank of England Act 1998f4;

  • the Welfare Reform and Pension Act 1999f5, Schedule 2 paragraphs 3(1)(a) and 13 and Schedule 12;

  • the Child Support, Pensions and Social Security Act 2000f6;

  • the Employment Act 2002f7,

and section 320 in so far as it relates to those provisions.

repeals

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 the provisions of the Act specified in Part 1 of the Schedule as 9th March 2006 for the purposes of conferring power to make regulations and 6th April 2006 for all other purposes. Those provisions are—

  • section 249(2) (requirement for knowledge and understanding: supplementary);

  • sections 250 and 251 (payment of surplus to employer and transitional power to amend scheme).

Article 2(2) appoints the day for the coming into force of the provisions of the Act specified in Part 2 of the Schedule as 1st April 2006. Those provisions are—

  • section 151(8) (application for reconsideration: definition of “audited scheme accounts”), in so far as it is not already in force;

  • section 173(1)(b) (pension protection fund), in so far as it is not already in force;

  • section 177(9), in so far as it is not already in force (amount to be raised by the pension protection levies: definitions).

Article 2(3) appoints the day for the coming into force of the provisions of the Act specified in Part 3 of the Schedule as 6th April 2006. Those provisions include—

  • section 18 (pension liberation: interpretation), in so far as it is not already in force;

  • section 86 (disclosure for facilitating exercise of functions by other supervisory authorities), in so far as it is not already in force;

  • section 160(7) (transfer notice), in so far as it is not already in force;

  • section 165 (guaranteed minimum pensions);

  • section 169(1) and (2)(a) to (c) (discharge of liabilities in respect of compensation);

  • section 173(1)(a), and (f) and (3), in so far as it is not already in force (pension protection fund);

  • section 204 (sections 190 to 203: interpretation);

  • sections 247, 248 and 249, in so far as it is not already in force (requirement for knowledge and understanding: individual trustees, corporate trustees and supplementary);

  • section 254 (representative of non-European scheme to be treated as a trustee);

  • section 267 (voluntary contributions);

  • section 268 (payments made by employers to personal pension schemes);

  • section 306(2)(j) and (k), (4) and (5) (overriding requirements);

  • section 321 (pre-consolidation amendments);

  • Schedule 4, in so far as it is not already in force, and section 102 in so far as it is not already in force;

  • Schedule 5, paragraph 18(2) (delegation), and section 109 in so far as it relates to that paragraph;

  • provisions in Schedule 12 (minor and consequential amendments), and section 319(1) in so far as it relates to those provisions;

  • provisions in Schedule 13 (repeals), and section 320 in so far as it relates to those provisions.