Statutory Instruments
2005 No. 2447 (C.102)
PENSIONS
The Pensions Act 2004 (Commencement No. 7) Order 2005
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( 1 ), and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and interpretation
1. —(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.
Appointed days
2. —(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( 2 )), 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.
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
Article 2
SCHEDULE
PART 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( 3 ) |
| 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)( 4 ), and section 320 in so far as it relates to that paragraph | repeals |
PART 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 |