The Occupational Pension Schemes (EEA States) Regulations 2007

JurisdictionUK Non-devolved
CitationSI 2007/3014

2007 No. 3014

pensions

The Occupational Pension Schemes (EEA States) Regulations 2007

Made 22th October 2007

Laid before Parliament 26th October 2007

Coming into force 26th November 2007

The Secretary of State for Work and Pensions, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722, in relation to personal and occupational pensions, in exercise of the powers conferred by section 2(2) of that Act, makes the following Regulations.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Occupational Pension Schemes (EEA States) Regulations 2007 and shall come into force on 26th November 2007.

S-2 Amendment of pensions legislation

Amendment of pensions legislation

2. In the provisions of pensions legislation specified in the Schedule —

(a) for “member State” or “Member State” substitute “EEA state”; and

(b) for “member States” substitute “EEA states”.

S-3 Amendment of the Pensions Act 1995

Amendment of the Pensions Act 1995

3. In section 49(8A)(c) of the Pensions Act 19953(other responsibilities of trustees, employers, etc.) for “a member state” substitute “an EEA state”.

S-4 Amendment of the Pensions Act 2004

Amendment of the Pensions Act 2004

4. In the Pensions Act 20044

(a) in section 253(1) and (6) (non-European scheme to be trust with UK-resident trustee) for “the member States” substitute “the EEA states”;

(b) in section 254(1) (representative of non-European scheme to be treated as trustee) for “the member States” substitute “the EEA states”;

(c) in section 287(6) (occupational pension scheme receiving contributions from European employer)—

(i) for ““host member State”” substitute ““host EEA state””;

(ii) for “a member State” substitute “an EEA state”;

(d) in section 289(1)(c) and (2)(a)(i) (approval in relation to particular European employer) for “host member State” substitute “host EEA state”;

(e) in section 290(1)(a) and (b) and (2)(b) (notification of legal requirements of host member State outside United Kingdom) for “host member State” substitute “host EEA state”;

(f) in section 291(1) (duty of trustees or managers to act consistently with law of host member State) for “host member State” substitute “host EEA state”;

(g) in section 293 (functions of Regulator in relation to institutions administered in other member States)—

(i) in paragraph (1) for “host member State” substitute “host EEA state”;

(ii) in paragraph (2) for “another member State” substitute “another EEA state”;

(iii) in paragraph (4)(b) for “the member State” substitute “the EEA state”;

(iv) in paragraph (8) for “a member State” substitute “an EEA state”;

(h) in section 294(1) (stopping disposal of assets of institutions administered in other member States)—

(i) for “a member State” substitute “an EEA state”;

(ii) for “that member State” substitute “that EEA state”;

(i) in section 295 (interpretation of Part 7)—

(i) for “a member State” in both places substitute “an EEA state”;

(ii) for ““host member State”” substitute ““host EEA state””.

S-5 Amendment of the Occupational Pension Schemes (Cross-border Activities) Regulations 2005

Amendment of the Occupational Pension Schemes (Cross-border Activities) Regulations 2005

5.—(1) The Occupational Pension Schemes (Cross-border Activities) Regulations 20055shall be amended in accordance with the provisions of this regulation.

(2) In regulation 2(1) (interpretation)—

(a)

(a) for ““host member State”” substitute ““host EEA state””;

(b)

(b) in the definition of “qualifying person”—

(i) for “a member State” in both places substitute “an EEA state”;

(ii) for “that member State” substitute “that EEA state”;

(c)

(c) in the definition of “qualifying self-employed person”—

(i) for “a member State” substitute “an EEA state”;

(ii) for “that member State” in both places substitute “that EEA state”;

(d)

(d) in the definition of “seconded worker” for “a member State” substitute “an EEA state”.

(3) In regulation 3 (meaning of “European employer” and “host member State” in Part 7 of the Pensions Act 2004)

(a)

(a) in paragraph (1)—

(i) for “host member State” substitute “host EEA state”;

(ii) for “that member State” in both places substitute “that EEA state”;

(b)

(b) in paragraph (5)—

(i) for ““host member State”” substitute ““host EEA state””;

(ii) for “the member State or States” in both places substitute “the EEA state or states”.

(4) In regulation 12(2) (conditions for approval in relation to particular European employer) for “host member State” substitute “host EEA state”.

(5) In regulation 13 (revocation of approval in relation to particular European employer)—

(a)

(a) in paragraphs (1), (4), (5) and (6) for “host member State” in each place where those words appear substitute “host EEA state”;

(b)

(b) in paragraph (7) for “host member States” in both places substitute “host EEA states”.

(6) In paragraph 6 of Schedule 1 (additional information to be contained in applications for authorisation or approval)—

(a)

(a) in sub-paragraphs (2)(c) and (7)(b), (c), (f), (h) and (i) for “host member State” substitute “host EEA state”;

(b)

(b) in sub-paragraph (7)(a) for “member States” substitute “EEA states”.

Mike O’Brien

Minister of State,

Department for Work and Pensions

22nd October 2007

SCHEDULE

Regulation 2

SCHEDULE

SCH-1.1

1. The following provisions of the Pension Schemes Act 19936

(a) section 1(1)7...

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