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Statutory Instruments

2006 No. 560 (C. 13)

PENSIONS

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

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 2004( 1 ):

Citation and interpretation

1. —(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.

Appointed days

2. —(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.

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

Article 2

SCHEDULE

PART 1 PROVISIONS 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 Act Subject Matter
section 249(2) requirement for knowledge and understanding: supplementary
sections 250 and 251 payment of surplus to employer and transitional power to amend scheme

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

Provisions of the Act Subject Matter
section 151(8), in so far as it is not already in force application for reconsideration: definitions
section 173(1)(b), in so far as it is not already in force Pension Protection Fund
section 177(9), in so far as it is not already in force amounts to be raised by the pension protection levies: definitions

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

Provisions of the Act Subject Matter
section 18, in so far as it is not already in force pension liberation: interpretation
section 86, in so far as it is not already in force disclosure for facilitating exercise of functions by other supervisory authorities
section 160(7), in so far as it is not already in force transfer notice
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, in so far as it is not already in force sections 190 to 203: interpretation
sections 247, 248 and 249, in so far as they are 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 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 The 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 paragraph delegation

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 1993( 2 ), 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 1995( 3 ), 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 1995( 4 );

  • the Bank of England Act 1998( 5 );

  • the Welfare Reform and Pension Act 1999( 6 ), Schedule 2 paragraphs 3(1)(a) and 13 and Schedule 12 ;

  • the Child Support, Pensions and Social Security Act 2000( 7 );

  • the Employment Act 2002( 8 ),

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

repeals
( 1 )

2004 c. 35 .

( 2 )

1993 c. 48 .

( 3 )

1995 c. 26 .

( 4 )

1995 c. 40 .

( 5 )

1998 c. 11 .

( 6 )

1999 c. 30 .

( 7 )

2000 c. 19 .

( 8 )

2002 c. 22 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Pensions Act 2004 (Commencement No. 9) Order 2006 (2006/560)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
member-nominated directorpara PART 3 of SCHEDULEmember-nom_rtwl0EL
member-nominated trusteepara PART 3 of SCHEDULEmember-nom_rtC357v
the Actart. 1.the_Act_rtQ4eZh
voluntary contributions requirementspara PART 3 of SCHEDULEvoluntary__rtW65S0

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