OpenLegislation

The Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019

S.I. 2019/383 · Made 26 February 2019

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.

Financial Services

Consumer Protection

Made 26th February 2019

Laid before Parliament 4th March 2019

Coming into force 6th April 2019

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 1(3) and (4) of the Financial Guidance and Claims Act 2018f1.

Annotations to the whole text

Footnotes

f1

2018 c. 10.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Naming of the single financial guidance body
  3. 3Consequential amendments
  4. Signature
  5. Schedule: Consequential amendments
  6. Part 1: Primary legislation
  7. 1Amendment of the Public Records Act 1958
  8. 2Amendment of the Parliamentary Commissioner Act 1967
  9. 3Amendment of the House of Commons Disqualification Act 1975
  10. 4Amendment of the Northern Ireland Assembly Disqualification Act 1975
  11. 5Amendment of the Pension Schemes Act 1993
  12. 6Amendment of the Pension Schemes (Northern Ireland) Act 1993
  13. 7Amendment of the Financial Services and Markets Act 2000
  14. 8Amendment of the Freedom of Information Act 2000
  15. 9Amendment of the Equality Act 2010
  16. 10Amendment of the Financial Services Act 2012
  17. 11Amendment of the Financial Guidance and Claims Act 2018
  18. Part 2: Secondary legislation
  19. 12Amendment of the Housing (Right to Buy) (Prescribed Forms) Regulations 1986
  20. 13Amendment of the Personal and Occupational Pension Schemes (Pensions Ombudsman) (Procedure) Rules 1995
  21. 14Amendment of the Personal and Occupational Pension Schemes (Pensions Ombudsman) (Procedure) Rules (Northern Ireland) 1995
  22. 15Amendment of the Occupational Pension Schemes (Transfer Values) Regulations 1996
  23. 16Amendment of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996
  24. 17Amendment of the Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009
  25. 18Amendment of the Occupational Pension Schemes (Internal Dispute Resolution Procedures Consequential and Miscellaneous Amendments) Regulations 2008
  26. 19Amendment of the Occupational Pension Schemes (Internal Dispute Resolution Procedures) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2008
  27. 20Amendment of the Local Government (Discretionary Payments) (Injury Allowances) Regulations 2011
  28. 21Amendment of the Local Government Pension Scheme Regulations 2013
  29. 22Amendment of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013
  30. 23Amendment of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014
  31. 24Amendment of the Local Government Pension Scheme Regulations (Northern Ireland) 2014
  32. 25Amendment of the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015
  33. 26Amendment of the National Assembly for Wales (Disqualification) Order 2015
  34. 27Amendment of the Payment Accounts Regulations 2015
  35. 28Amendment of the Local Government Pension Scheme (Scotland) Regulations 2018
  36. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019 and come into force on 6th April 2019.

(2)

In these Regulations “the 2018 Act” means the Financial Guidance and Claims Act 2018.

2Naming of the single financial guidance body

The single financial guidance body, established under section 1(1) of the 2018 Act, is named the Money and Pensions Service.

3Consequential amendments

The amendments set out in the Schedule have effect.

Signature

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

Guy Opperman

Parliamentary Under Secretary of State

Department for Work and Pensions

26th February 2019

1Amendment of the Public Records Act 1958

In Schedule 1 to the Public Records Act 1958f1 (definition of public records), in Part 2 of the Table at the end of paragraph 3—

(a)

omit “The single financial guidance body.”;

(b)

at the appropriate place insert “Money and Pensions Service.”.

2Amendment of the Parliamentary Commissioner Act 1967

In Schedule 2 to the Parliamentary Commissioner Act 1967f1 (departments etc subject to investigation)—

(a)

omit “The single financial guidance body.”;

(b)

at the appropriate place insert “Money and Pensions Service.”.

3Amendment of the House of Commons Disqualification Act 1975

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975f1 (bodies of which all members are disqualified)—

(a)

omit “The single financial guidance body.”;

(b)

at the appropriate place insert “The Money and Pensions Service.”.

4Amendment of the Northern Ireland Assembly Disqualification Act 1975

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975f1 (bodies of which all members are disqualified)—

(a)

omit “The single financial guidance body.”;

(b)

at the appropriate place insert “The Money and Pensions Service.”.

5Amendment of the Pension Schemes Act 1993

In section 175(1)(e) of the Pension Schemes Act 1993f1 (power to make regulations imposing levies to meet certain expenditure) for “single financial guidance body’s” substitute “Money and Pensions Service’s”.

6Amendment of the Pension Schemes (Northern Ireland) Act 1993

In section 170(1)(e) of the Pension Schemes (Northern Ireland) Act 1993f1 (power to make regulations imposing levies to meet certain expenditure) for “single financial guidance body’s” substitute “Money and Pensions Service’s”.

7Amendment of the Financial Services and Markets Act 2000

In the Financial Services and Markets Act 2000f1—

(a)

in section 3R(4)(a)f2 (arrangements for provision of services) for “single financial guidance body” substitute “Money and Pensions Service”;

(b)

in section 137FCf3 (FCA rules: disclosure of information about the availability of financial guidance)—

(i)

in subsection (3)(c) for “single financial guidance body” substitute “Money and Pensions Service”,

(ii)

in subsection (4) for “single financial guidance body’s” substitute “Money and Pensions Service’s”;

(c)

in section 137SAf4 (rules to recover expenses relating to the single financial guidance body) in the heading, and in subsection (1)(a) and (b) for “single financial guidance body” substitute “Money and Pensions Service”;

(d)

in Schedule 1ZAf5 (the Financial Conduct Authority) in paragraph 8(3A) for “single financial guidance body” substitute “Money and Pensions Service”.

8Amendment of the Freedom of Information Act 2000

In Part 6 of Schedule 1 to the Freedom of Information Act 2000f1 (public authorities: general)—

(a)

omit “The single financial guidance body.”;

(b)

at the appropriate place insert “The Money and Pensions Service.”.

9Amendment of the Equality Act 2010

In Part 1 of Schedule 19 to the Equality Act 2010f1 (public authorities: general), under the heading “Industry, business, finance etc”—

(a)

omit “The single financial guidance body.”;

(b)

at the appropriate place insert “The Money and Pensions Service.”.

10Amendment of the Financial Services Act 2012

In section 85(4A) of the Financial Services Act 2012f1 (relevant functions in relation to complaints scheme) for “single financial guidance body” substitute “Money and Pensions Service”.

11Amendment of the Financial Guidance and Claims Act 2018

In section 18(4) of the 2018 Actf1 (personal pension schemes: requirements to refer members to guidance etc), in the inserted subsection (2A)(b) of section 137FB of the Financial Services and Markets Act 2000f2, for “single financial guidance body” substitute “Money and Pensions Service”.

12Amendment of the Housing (Right to Buy) (Prescribed Forms) Regulations 1986

In the form set out in Schedule 1 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986f1 for “Money Advice Service: 0300 500 5000; www.moneyadviceservice.org.uk” substitute “Money and Pensions Service: 0115 965 9570; www.moneyandpensionsservice.org.uk”.

13Amendment of the Personal and Occupational Pension Schemes (Pensions Ombudsman) (Procedure) Rules 1995

In rule 2(2) of the Personal and Occupational Pension Schemes (Pensions Ombudsman) (Procedure) Rules 1995f1 (provision of details of complaint made or dispute referred) omit sub-paragraph (d).

14Amendment of the Personal and Occupational Pension Schemes (Pensions Ombudsman) (Procedure) Rules (Northern Ireland) 1995

In rule 2(2) of the Personal and Occupational Pension Schemes (Pensions Ombudsman) (Procedure) Rules (Northern Ireland) 1995f1 (provision of details of complaint made or dispute referred) omit sub-paragraph (d).

15Amendment of the Occupational Pension Schemes (Transfer Values) Regulations 1996

In paragraph 3(a) of Schedule 1 to the Occupational Pension Schemes (Transfer Values) Regulations 1996f1 (information to be made available to members) for “Pensions Advisory Service” substitute “Money and Pensions Service”.

16Amendment of the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996

In paragraph 3(a) of Schedule 1 to the Occupational Pension Schemes (Transfer Values) Regulations (Northern Ireland) 1996f1 (information to be made available to members) for “Pensions Advisory Service” substitute “Money and Pensions Service”.

17Amendment of the Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009

In the Schedule (list of companies) to the Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009f1—

(a)

omit the entry for “The Pensions Advisory Service”;

(b)

at the appropriate place insert the entry set out in the following table—

Company nameDateCompany number
Money and Pensions Service1 April 2019

18Amendment of the Occupational Pension Schemes (Internal Dispute Resolution Procedures Consequential and Miscellaneous Amendments) Regulations 2008

In regulation 2(1) of the Occupational Pension Schemes (Internal Dispute Resolution Procedures Consequential and Miscellaneous Amendments) Regulations 2008f1 (information requirements)—

(a)

in sub-paragraph (a) for “TPAS (the Pensions Advisory Service)” substitute “the Money and Pensions Service”;

(b)

in sub-paragraph (b) for “TPAS” substitute “the Money and Pensions Service”.

19Amendment of the Occupational Pension Schemes (Internal Dispute Resolution Procedures) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2008

In regulation 2(1) of the Occupational Pension Schemes (Internal Dispute Resolution Procedures) (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2008f1 (information requirements)—

(a)

in sub-paragraph (a) for “TPAS (the Pensions Advisory Service)” substitute “the Money and Pensions Service”;

(b)

in sub-paragraph (b) for “TPAS” substitute “the Money and Pensions Service”.

20Amendment of the Local Government (Discretionary Payments) (Injury Allowances) Regulations 2011

In regulation 12(3) of the Local Government (Discretionary Payments) (Injury Allowances) Regulations 2011f1 (notice of decision on reconsideration)—

(a)

in sub-paragraph (d) for “Pensions Advisory Service” substitute “Money and Pensions Service”;

(b)

in sub-paragraph (f) for “Pensions Advisory service” substitute “Money and Pensions Service”.

21Amendment of the Local Government Pension Scheme Regulations 2013

In the Local Government Pension Scheme Regulations 2013f1 in—

(a)

regulation 75(3)(e) (decisions of the adjudicator), and

(b)

regulation 77(3)(d) and (f) (decisions of the administering authority on reconsideration),

for “Pensions Advisory Service” substitute “Money and Pensions Service”.

22Amendment of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013

In the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013f1, in Schedule 2 (basic information) in—

(a)

paragraph 10(a), and

(b)

paragraph 24(a),

for “Pensions Advisory Service” substitute “Money and Pensions Service”.

23Amendment of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014

In the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014f1 in Schedule 2 (basic information) in—

(a)

paragraph 10(a), and

(b)

paragraph 24(a),

for “Pensions Advisory Service” substitute “Money and Pensions Service”.

24Amendment of the Local Government Pension Scheme Regulations (Northern Ireland) 2014

In the Local Government Pension Scheme Regulations (Northern Ireland) 2014f1—

(a)

in regulation 85(3)(e) (notice of decisions by the appointed person under regulation 84) for “Pensions Advisory Service” substitute “Money and Pensions Service”;

(b)

in regulation 87(3)(e) (notice of decisions by the Committee under regulation 86), for “Pension Advisory Service” in each place it occurs, substitute “Money and Pensions Service”.

25Amendment of the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015

In the table in Schedule 4 (specified “public authorities” and list of Government Departments and other bodies whose views must be sought) to the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015f1 at the appropriate place insert the entry set out in the following table—

Column (1)Column (2)
Public AuthorityGovernment Department or other body whose view must be sought
Money and Pensions ServiceDepartment for Work and Pensions

26Amendment of the National Assembly for Wales (Disqualification) Order 2015

In the table in the Schedule (offices disqualifying holders from membership of the National Assembly of Wales) to the National Assembly for Wales (Disqualification) Order 2015f1—

(a)

omit the entry for “Pensions Advisory Service”;

(b)

at the appropriate place insert the entry set out in the following table—

First ColumnSecond Column
Money and Pensions ServiceDirectors

27Amendment of the Payment Accounts Regulations 2015

In the Payment Accounts Regulations 2015f1—

(a)

in regulation 2(1) (interpretation)—

(i)

omit the definition of “Money Advice Service”,

(ii)

at the appropriate place insert—

  • ““Money and Pensions Service” means the body established under section 1 of the Financial Guidance and Claims Act 2018;”;

(b)

in regulation 12 (the comparisons website) for “Money Advice Service” in both places it occurs, substitute “Money and Pensions Service”;

(c)

in regulation 27(1) (general information on payment accounts with basic features) for “Money Advice Service” substitute “Money and Pensions Service”;

(d)

in regulation 43(1)(b) (evaluation) for “Money Advice Service” substitute “Money and Pensions Service”.

28Amendment of the Local Government Pension Scheme (Scotland) Regulations 2018

In the Local Government Pension Scheme (Scotland) Regulations 2018f1 in—

(a)

regulation 70(3)(e) (notice of decisions on disagreements), and

(b)

regulation 72(3)(e) (notice of decisions on reconsideration of disagreement),

for “Pensions Advisory Service” in each place it occurs, substitute “Money and Pensions Service”.

Explanatory note

(This note is not part of the Regulations)

Regulation 2 of these Regulations names the single financial guidance body, the body established under section 1 of the Financial Guidance and Claims Act 2018 (c. 10) (“the 2018 Act”), as the Money and Pensions Service.

Regulation 3 of, and the Schedule to these Regulations make consequential amendments to legislation as a result of naming the Money and Pensions Service and as a consequence of functions previously carried out by the Pensions Advisory Service and the Money Advice Service now being functions of the Money and Pensions Service (see section 3 of the 2018 Act).

An impact assessment has not been prepared for this instrument because a full, up to date, impact assessment was completed for the Financial Guidance and Claims Act 2018 and can be found at the following link:

Copies may also be obtained from the Better Regulation Unit of the Department for Work and Pensions, 4th Floor, Caxton House, Tothill Street, London SW1H 9NA.