UNITED KINGDOM STATUTORY INSTRUMENT
2005 No. 1108 (C. 46)
PENSIONS
The Pensions Act 2004 (Commencement No. 4 and Amendment) Order 2005
Made 5th April 2005
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 91(9), 315(5) and 322(1) of the Pensions Act 2004, and of all other powers enabling him in that behalf, hereby makes the following Order:
S-1
Citation and interpretationCitation and interpretation
1.—(1) This Order may be cited as the Pensions Act 2004 (Commencement No. 4 and Amendment) Order 2005.
(2) In this Order “the Act” means the Pensions Act 2004.
Appointed days
2.—(1) The day appointed for the purposes of section 91(9) of the Act (procedure for the issue and publication of codes of practice) for the coming into effect of the Pensions Regulator Code of Practice No. 1: Reporting breaches of the Law is 6th April 2005.
(2) The day appointed for the coming into force of the provisions of the Act specified in the Schedule is 6th April 2005.
Amendment of the Pensions Act 2004 (Commencement No. 3, Transitional Provisions and Amendment) Order 2005
3. The Pensions Act 2004 (Commencement No. 3, Transitional Provisions and Amendment) Order 2005shall be amended in accordance with the following paragraphs of this article—
(a) after article 6 (savings), insert the following article—
“6A.—(1) Notwithstanding the repeals of section 74 of the 1995 Act (discharge of liabilities by insurance, etc.) mentioned in Schedule 1, that section shall continue to have effect as it applied immediately before 6th April 2005 to any scheme which—
(a)
(a) was regarded at that time by virtue of regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations 1996(commencement of winding up) as having begun to be wound up for the purposes of those Regulations; or
(b)
(b) in accordance with section 124(3A) to (3E) of the 1995 Act(interpretation: time at which the winding up of an occupational pension scheme shall be taken to begin) began to wind up before that date.
(2) In paragraph (1), the reference to a scheme includes a reference to any section of a scheme to which section 74 of the 1995 Act applies as if it were a scheme by virtue of regulation 12 of those Regulations(winding up of sectionalised schemes etc.).”; and
(b) in Schedule 3 (provisions referred to in article 6 which are to continue to have effect as if they were in force immediately before their amendment or repeal by the Act), after the entry in the table relating to section 103—
(i) in column 1, insert “Section 124(1)”; and
(ii) in column 2, insert “Interpretation of Part 1”.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th April 2005
SCHEDULE
Article 2(2)
PROVISIONS OF THE ACT COMING INTO FORCE ON 6TH APRIL 2005
Provisions of the Act |
Subject Matter |
section 164 |
postponement of compensation entitlement for the assessment period |
Schedule 12, paragraphs 9, 34, 44, 46(b), 59, 60, 67 and 71, and section 319(1) in so far as it relates to those paragraphs |
consequential amendments |
|
Schedule 13 in so far as it relates to specified repeals in relation to—
the Social Security Contributions (Transfer of Functions, etc.) Act 1999, paragraphs 67 and 68 of Schedule 1;
the Welfare Reform and Pensions Act 1999, paragraph 60 of Schedule 12;
the Child Support, Pensions and Social Security Act 2000, section 47(1), (2) and (4) and paragraph 10 of Schedule 5;
and section 320 in so far as it relates to those provisions
|
repeals |
(This note is not part of the Order)
This Order appoints the day for the purposes of section 91(9) of the Pensions Act 2004 (c. 35)(“the Act”) for the coming into effect of the Pensions Regulator Code of Practice No. 1: Reporting breaches of the law as 6th April 2005. It also appoints the day for the coming into force of certain other miscellaneous provisions as 6th April 2005.
This Order also amends the Pensions Act 2004 (Commencement No. 3, Transitional Provisions and Amendment) Order 2005 (S.I. 2005/695 (C.29)) (“the No. 3 Order”) so as to make a transitional saving in respect of the repeals of section 74 of the Pensions Act 1995 (c. 26)made by Schedule 13 to the Act which were commenced by Schedule 1 to the No. 3 Order. This Order also, for the purposes of article 6 of the No. 3 Order, adds section 124(1) of the Pensions Act 1995 to the list of provisions specified in Schedule 3 to that Order which are to continue to have effect as they were in force immediately before their amendment or repeal by the Act.
(This note is not part of the Order)
The following provisions of the Pensions Act 2004 have been brought into force on the dates shown by commencement orders before the date of this Order. Some of these provisions will not be in force on the date that this Order is made
Provision |
Date of Commencement |
S.I.No. |
section 1 |
17th December 2004 |
2004/3350 |
section 2 (partially) |
17th December 2004 |
2004/3350 |
section 2 (partially) |
6th April 2005 |
2005/275 |
section 3 (partially) |
17th December 2004 |
2004/3350 |
section 3 (partially) |
10th February 2005 |
2005/275 |
section 3 (partially) |
1st April 2005 |
2005/275 |
section 4 (partially) |
17th December 2004 |
2004/3350 |
section 4 (partially) |
6th April 2005 |
2005/275 |
section 5 (partially) |
17th December 2004 |
2004/3350 |
section 5 (partially) |
6th April 2005 |
2005/275 |
section 6 |
17th December 2004 |
2004/3350 |
section 7 |
6th April 2005 |
2005/275 |
section 8 (partially) |
17th December 2004 |
2004/3350 |
section 8 (for all other purposes) |
6th April 2005 |
2005/275 |
section 10 (partially) |
17th December 2004 |
2004/3350 |
section 10 (for all other purposes) |
6th April 2004 |
2005/695 |
section 12 (partially) |
17th December 2004 |
2004/3350 |
section 13 |
6th April 2005 |
2005/275 |
section 14 |
6th April 2005 |
2005/275 |
section 15 |
6th April 2005 |
2005/275 |
section 16 |
6th April 2005 |
2005/275 |
section 17 |
6th April 2005 |
2005/275 |
section 18 (partially) |
6th April 2005 |
2005/275 |
section 19 (partially) |
10th February 2005 |
2005/275 |
section 19 (for all other purposes) |
6th April 2005 |
2005/275 |
section 20 (partially) |
6th April 2005 |
2005/275 |
section 21 (partially) |
10th February 2005 |
2005/275 |
section 21 (for all other purposes) |
6th April 2005 |
2005/275 |
section 22 |
6th April 2005 |
2005/275 |
section 23 (partially) |
10th February 2005 |
2005/275 |
section 23 (for all other purposes) |
6th April 2005 |
2005/275 |
section 24 (partially) |
10th February 2005 |
2005/275 |
section 24 (for all other purposes) |
6th April 2005 |
2005/275 |
section 25 |
6th April 2005 |
2005/275 |
section 26 |
6th April 2005 |
2005/275 |
section 27 |
6th April 2005 |
2005/275 |
section 28 |
6th April 2005 |
2005/275 |
section 29 |
6th April 2005 |
2005/275 |
section 30 (partially) |
10th February 2005 |
2005/275 |
section 30 (for all other purposes) |
6th April 2005 |
2005/275 |
section 31 |
6th April 2005 |
2005/275 |
section 32 |
6th April 2005 |
2005/275 |
section 33 |
6th April 2005 |
2005/275 |
section 34 |
6th April 2005 |
2005/275 |
section 35 |
6th April 2005 |
2005/275 |
section 36 (partially) |
10th February 2005 |
2005/275 |
section 36 (for all other purposes) |
6th April 2005 |
2005/275 |
section 37 |
6th April 2005 |
2005/274 |
section 38 (partially) |
10th February 2005 |
2005/275 |
section 38 (partially) |
6th April 2005 |
2005/275 |
section 39 |
6th April 2005 |
2005/275 |
section 40 |
6th April 2005 |
2005/275 |
section 41 (partially) |
6th April 2005 |
2005/275 |
section 42 (partially) |
6th April 2005 |
2005/275 |
section 43 (partially) |
10th February 2005 |
2005/275 |
section 43 (partially) |
6th April 2005 |
2005/275 |
section 44 (partially) |
10th February 2005 |
2005/275 |
section 44 (for all other purposes) |
6th April 2005 |
2005/275 |
section 45 (partially) |
10th February 2005 |
2005/275 |
section 45 (for all other purposes) |
6th April 2005 |
2005/275 |
section 46 |
6th April 2005 |
2005/275 |
section 47 (partially) |
6th April 2005 |
2005/275 |
section 48 |
6th April 2005 |
2005/275 |
section 49 |
6th April 2005 |
2005/275 |
section 50 (partially) |
6th April 2005 |
2005/275 |
section 51 |
6th April 2005 |
2005/275 |
section 52 (partially) |
10th February 2005 |
2005/275 |
section 52 (for all other purposes) |
6th April 2005 |
2005/275 |
section 53 |
6th April 2005 |
2005/275 |
section 54 |
6th April 2005 |
2005/275 |
section 55 |
6th April 2005 |
2005/275 |
section 56 |
6th April 2005 |
2005/275 |
section 57 (partially) |
10th February 2005 |
2005/275 |
section 57 (for all other purposes) |
6th April 2005 |
2005/275 |
section 58 |
6th April 2005 |
2005/275 |
section 59 (partially) |
10th February 2005 |
2005/275 |
section 59 (partially) |
1st April 2005 |
2005/275 |
section 59 (for all other purposes) |
6th April 2005 |
2005/275 |
section 60 (partially) |
10th February 2005 |
2005/275 |
section 60 (for all other purposes) |
6th April 2005 |
2005/275 |
section 61 (partially) |
10th February 2005 |
2005/275 |
section 61 (for all other purposes) |
6th April 2005 |
2005/275 |
section 62 |
6th April 2005 |
2005/275 |
section 63 |
6th April 2005 |
2005/275 |
section 64 |
6th April 2005 |
2005/275 |
section 65 |
6th April 2005 |
2005/275 |
section 66 |
6th April 2005 |
2005/275 |
section 67 |
6th April 2005 |
2005/275 |
section 68 |
6th April 2005 |
2005/275 |
section 69 (partially) |
10th February 2005 |
2005/275 |
section 69 (for all other purposes) |
6th April 2005 |
2005/275 |
section 70 |
6th April 2005 |
2005/275 |
section 71 |
6th April 2005 |
2005/275 |
section 72 |
6th April 2005 |
2005/275 |
section 73 |
6th April 2005 |
2005/275 |
section 74 |
6th April 2005 |
2005/275 |
section 75 |
6th April 2005 |
2005/275 |
section 76 |
6th April 2005 |
2005/275 |
section 77 |
6th April 2005 |
2005/275 |
section 78 |
6th April 2005 |
2005/275 |
section 79 |
6th April 2005 |
2005/275 |
section 80 |
6th April 2005 |
2005/275 |
section 81 |
6th April 2005 |
2005/275 |
section 82 |
6th April 2005 |
2005/275 |
section 83 |
6th April 2005 |
2005/275 |
section 84 |
6th April 2005 |
2005/275 |
section 85 |
6th April 2005 |
2005/275 |
section 86 (partially) |
6th April 2005 |
2005/275 |
section 87 |
6th April 2005 |
2005/275 |
section 88 |
6th April 2005 |
2005/275 |
section 89 |
6th April 2005 |
2005/275 |
section 90 (partially) |
6th April 2005 |
2005/275 |
... |
