Statutory Instruments
2005 No. 3331 (C. 141)
PENSIONS
The Pensions Act 2004 (Commencement No. 8) Order 2005
Made
2nd December 2005
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 2004( 1 ):
Citation and interpretation
1. —(1) This Order may be cited as the Pensions Act 2004 (Commencement No. 8) Order 2005.
(2) In this Order—
“the Act” means the Pensions Act 2004;
“the 1995 Act” means the Pensions Act 1995( 2 );
“the 1999 Act” means the Welfare Reform and Pensions Act 1999( 3 );
“pay-as-you-go scheme” means an occupational pension scheme under which there is no requirement for assets to be set aside in advance for the purpose of providing benefits under the scheme (disregarding any requirements relating to additional voluntary contributions).
Appointed days
2. —(1) Subject to article 3, 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 4th December 2005; and
(b) for all other purposes, is 30th December 2005.
(2) The day appointed for the coming into force of the provisions of the Act specified in Part 2 of the Schedule is 9th December 2005.
(3) The day appointed for the coming into force of the provisions of the Act specified in Part 3 of the Schedule is 1st January 2006.
(4) The day appointed for the coming into force of the provisions of the Act specified in Part 4 of the Schedule—
(a) for the purpose only of conferring power to make regulations, is 1st January 2006; and
(b) for all other purposes, is 1st April 2006.
(5) The day appointed for the coming into force of the provisions of the Act specified in Part 5 of the Schedule—
(a) for the purpose only of conferring power to make regulations, is 1st January 2006; and
(b) for all other purposes, is 6th April 2006.
(6) The day appointed for the coming into force of the provisions of the Act specified in Part 6 of the Schedule is 6th April 2006.
Appointed day for the coming into force of section 287 of the Act in relation to pre-23rd September schemes
3. —(1) This article applies to a scheme which is a pre-23rd September 2005 scheme.
(2) Where in relation to a pre-23rd September 2005 scheme—
(a) both an application for authorisation under section 288 of the Act (general authorisation to accept contributions from European employers) and an application for approval under section 289 of the Act (approval in relation to particular European employer) have been made on or before 29th March 2006, the day appointed for the commencement of section 287 of the Act (occupational pension scheme receiving contributions from European employer) is the day after the expiry of the period of five months beginning with the application date;
(b) such applications have not been made on or before 29th March 2006, the day appointed for the commencement of section 287 of the Act is 30th March 2006.
(3) In this article—
“application date” means—
the date on which the trustees or managers of the relevant pre-23rd September 2005 scheme make both an application for authorisation and an application for approval under sections 288 and 289 of the Act, or
where those applications are not made on the same day, the date on which the last of those applications is made;
“pre-23rd September 2005 scheme” means an occupational pension scheme—
which—
has its main administration in the United Kingdom, and
is not a pay-as-you-go scheme, and
in relation to which—
the trustees or managers were accepting contributions on 22nd September 2005 from any person who, had section 287(6) of the Act been in force at that date, would have been a European employer, or
any such person was under a liability to pay contributions to the trustees or managers on 22nd September 2005.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State,
Department for Work and Pensions
2nd December 2005
Article 2
SCHEDULE
PART 1 PROVISIONS OF THE ACT COMING INTO FORCE ON 4th DECEMBER 2005 FOR THE PURPOSE ONLY OF CONFERRING POWER TO MAKE REGULATIONS AND ON 30th DECEMBER 2005 FOR ALL OTHER PURPOSES
| Provisions of the Act | Subject matter |
|---|---|
| sections 221 to 233 | scheme funding |
| sections 244 to 246 | investment and borrowing |
| sections 287 to 295, in so far as they relate to an occupational pension scheme with its main administration in the United Kingdom which is not a pay-as-you-go scheme | cross-border activities within European Union |
| section 306(2)(h) and (m) | overriding requirements |
| section 315, in so far as it is not already in force | subordinate legislation (general provisions) – power to make transitional modifications and savings |
| Schedule 12, paragraphs 49, 51, 52, 75, 76(1) and (2)(c) and 77 (in so far as it is not already in force), and section 319(1) in so far as it relates to those paragraphs | minor and consequential amendments |
Schedule 13, in so far as it relates to the repeals there specified in relation to—
| repeals |
PART 2 PROVISIONS OF THE ACT COMING INTO FORCE ON 9th DECEMBER 2005
| Provisions of the Act | Subject matter |
|---|---|
| section 110, in so far as it is not already in force | Board’s functions |
| section 175(1) to (3), (4)(a) and (b) and (5) to (10), in so far as those provisions are not already in force | pension protection levies |
| section 177(1) to (3) and (9)(a) | amounts to be raised by the pension protection levies |
| section 178(1) and (2) | the levy ceiling |
| section 180(1) to (3) | pension protection levies during the transitional period |
| section 181(1), in so far as it is not already in force | calculation, collection and recovery of levies |
| section 319(2), in so far as it is not already in force | minor and consequential amendments |
| Schedule 8 | restricted information held by the Board: certain permitted disclosures to facilitate the exercise of its functions |
| Schedule 12, paragraphs 45, 46 (in so far as it is not already in force), 50, 54, 55, 76(2)(b) and (d) and (5) (in so far as it is not already in force), and section 319(1) in so far as it relates to those paragraphs | minor and consequential amendments |
| Schedule 13, in so far as it relates to the repeals there specified in relation to sections 49 and 49A(4) of the 1995 Act, and section 320 in so far as it relates to those provisions | repeals |
PART 3 PROVISIONS OF THE ACT COMING INTO FORCE ON 1st JANUARY 2006
| Provisions of the Act | Subject matter |
|---|---|
| section 168(1), (2)(a) to (c), (e) and (f) and (3) | administration of compensation |
| section 220 | pension sharing |
| Schedule 12, paragraphs 3 and 4, and section 319(1) in so far as it relates to those paragraphs | minor and consequential amendments |
PART 4 PROVISIONS OF THE ACT COMING INTO FORCE ON 1st JANUARY 2006 FOR THE PURPOSE ONLY OF CONFERRING POWER TO MAKE REGULATIONS AND ON 1st APRIL 2006 FOR ALL OTHER PURPOSES
| Provisions of the Act | Subject matter |
|---|---|
| section 189(1), (2), (3)(a), (4) to (10) and (11) (in so far as it is not already in force) | fraud compensation levy |
| Schedule 5, paragraph 22 (in so far as it is not already in force), and section 109 in so far as it relates to that paragraph | accounts |
PART 5 PROVISIONS OF THE ACT COMING INTO FORCE ON 1st JANUARY 2006 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 161(1), (2) (in so far as it is not already in force), (3)(a), (4) and (6) to (8) | effect of Board assuming responsibility for a scheme |
| section 163(1) to (4), (5)(a), (6) and (7) | adjustments to be made where the Board assumes responsibility for a scheme |
| section 166(1) to (5) and (8) | duty to pay scheme benefits unpaid at assessment date etc |
| section 170 | discharge of liabilities in respect of money purchase benefits |
| section 171 | equal treatment |
| section 253 | non-European scheme to be trust with UK-resident trustee |
| sections 259 to 261 | consultation by employers |
| section 264 | early leavers: cash transfer sums and contribution refunds |
| Schedule 12, paragraph 18, and section 319(1) in so far as it relates to that paragraph | minor and consequential amendments |
PART 6 PROVISIONS OF THE ACT COMING INTO FORCE ON 6th APRIL 2006
| Provisions of the Act | Subject matter |
|---|---|
| section 161(5) and Schedule 6 | transfer of property, rights and liabilities to the Board |
| Schedule 12, paragraphs 12, 13, 30 to 32, 53, 56 (in so far as it is not already in force), 62(c), 63(c) and 69, and section 319(1) in so far as it relates to those paragraphs | minor and consequential amendments |
Schedule 13, in so far as it relates to the repeals there specified in relation to—
| repeals |