Pensions Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Pensions Bill

Pensions Bill
Part 7 — Miscellaneous and supplementary
159

(b)
regulations under section 129 (modification of Chapter 3 where
liabilities discharged during the assessment period);
(c)
regulations under section 136 (the initial levy);
(d)
regulations under section 137 (pension protection levies);
(e)
an order under section 140(1) (the levy ceiling);
5
(f)
an order under section 170 (the PPF Ombudsman);
(g)
regulations under section 173 (reference of reviewable matter to the
PPF Ombudsman);
(h)
regulations under section 174 (investigation by PPF Ombudsman of
complaints of maladministration);
10
(i)
regulations under section 194 (combined pension forecasts);
(j)
regulations under section 195 (information and advice to employees);
(k)
regulations which make provision by virtue of section 237(b) (power to
provide for contravention of regulations to be criminal offence);
(l)
an order under section 242(2)(a) (power to make consequential
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amendments to Acts);
(m)
an order under paragraph 23(7) of Schedule 7 (power to vary
percentage of periodic compensation that can be commuted);
(n)
an order under paragraph 25(7) of that Schedule (orders specifying the
maximum permitted rate of periodic compensation from the Pension
20
Protection Fund);
(o)
an order under paragraph 30(1) of that Schedule (power to vary
percentage paid as compensation from the Pension Protection Fund); or

must not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.
25
(3)
Subsection (1) does not apply to—
(a)
an order under section 65(9) (commencement of code of practice);
(b)
an order under section 98(2) (schemes winding up before day
appointed by order not eligible schemes for purposes of Part 2);
(c)
an order under section 144(9) (order appointing day after which losses
30
of non-trust schemes are relevant for fraud compensation purposes); or
(d)
an order under section 245 (commencement).
240
Consultations about regulations
(1)
Before the Secretary of State makes any regulations by virtue of this Act (other
than Part 6), he must consult such persons as he considers appropriate.
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(2)
Subsection (1) does not apply—
(a)
to regulations contained in a statutory instrument made for the
purpose only of consolidating other instruments revoked by it,
(b)
in a case where it appears to the Secretary of State that by reason of
urgency consultation is inexpedient,
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(c)
to regulations contained in a statutory instrument made before the end
of the period of six months beginning with the coming into force of the
provision of this Act by virtue of which the regulations are made, or
(d)
to regulations contained in a statutory instrument which—
(i)
states that it contains only regulations which are consequential
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upon a specified enactment, and
(ii)
is made before the end of the period of six months beginning
with the coming into force of that enactment.

Pensions Bill
Part 7 — Miscellaneous and supplementary
160

Interpretation
241
General interpretation
(1)
In this Act, unless the context otherwise requires—

“active member” has the meaning given by section 124(1) of the Pensions
Act 1995 (c. 26);
5

“the Board” has the meaning given by section 81;

“contravention” includes failure to comply;

“direct payment arrangements”, in relation to a personal pension scheme,
has the same meaning as in section 111A of the Pension Schemes Act
1993 (c. 48);
10

“earnings” has the meaning given by section 181(1) of the Pension
Schemes Act 1993;

“employee” has the meaning given by section 181(1) of the Pension
Schemes Act 1993;

“employer”—
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(a)
in relation to an occupational pension scheme, means the
employer of persons in the description or category of
employment to which the scheme in question relates (but see
subsection (2)), and
(b)
in relation to a personal pension scheme, where direct payment
20
arrangements exist in respect of one or more members of the
scheme who are employees, means an employer with whom
those arrangements exist;

“enactment” includes an enactment comprised in subordinate legislation
(within the meaning of the Interpretation Act 1978 (c. 30));
25

“managers”, in relation to an occupational or personal pension scheme
(other than a scheme established under a trust), means the persons
responsible for the management of the scheme;

“member”, in relation to an occupational pension scheme, means any
active, deferred, pensioner or pension credit member within the
30
meaning of section 124(1) of the Pensions Act 1995 (c. 26) (but see
subsection (3));

“modifications” includes additions, omissions and amendments, and
related expressions are to be construed accordingly;

“money purchase benefit” has the meaning given by section 181(1) of the
35
Pension Schemes Act 1993;

“money purchase scheme” has the meaning given by section 181(1) of the
Pension Schemes Act 1993;

“occupational pension scheme” has the meaning given by section 1 of the
Pension Schemes Act 1993;
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“pension credit” has the meaning given by section 124(1) of the Pensions
Act 1995;

“personal pension scheme” has the meaning given by section 1 of the
Pension Schemes Act 1993;

“prescribed” means prescribed by regulations;
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“professional adviser”, in relation to an occupational pension scheme, has
the meaning given by section 47(1) of the Pensions Act 1995;

“regulations” means regulations made by the Secretary of State;

“the Regulator” has the meaning given by section 1.

Pensions Bill
Part 7 — Miscellaneous and supplementary
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(2)
Regulations may, in relation to occupational pension schemes, extend for the
purposes of Parts 1, 2, 4 and 5 and this Part the meaning of “employer” to
include persons who have been the employer in relation to the scheme.
(3)
Regulations may for any purpose of any provision of this Act—
(a)
prescribe the persons who are to be regarded as members or
5
prospective members of an occupational or personal pension scheme,
and
(b)
make provision as to the times at which and circumstances in which a
person is to be treated as becoming, or as ceasing to be, such a member
or prospective member.
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Miscellaneous and supplementary
242
Minor and consequential amendments
(1)
Schedule 11 (which makes minor and consequential amendments) has effect.
(2)
The Secretary of State may by order make provision consequential on this Act
amending, repealing or revoking (with or without savings) any provision of—
15
(a)
an Act passed before or in the same session as this Act, or
(b)
an instrument made under an Act before the passing of this Act.
243
Repeals and revocations
The enactments mentioned in Schedule 12 are repealed or revoked to the extent
specified.
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244
Pre-consolidation amendments
(1)
The Secretary of State may by order make such modifications of—
(a)
this Act,
(b)
the Pension Schemes Act 1993 (c. 48),
(c)
the Pensions Act 1995 (c. 26),
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(d)
Parts 1 to 4 of the Welfare Reform and Pensions Act 1999 (c. 30), and
(e)
Chapter 2 of Part 2 of the Child Support, Pensions and Social Security
Act 2000 (c. 19),

as in his opinion facilitate, or are otherwise desirable in connection with, the
consolidation of those enactments or any of them.
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(2)
No order is to be made under this section unless a Bill for repealing and re-
enacting—
(a)
the enactments modified by the order, or
(b)
enactments relating to matters connected with the matters to which
enactments modified by the order relate,
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has been presented to either House of Parliament.
(3)
An order under this section is not to come into force until immediately before
the commencement of the Act resulting from that Bill.

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Part 7 — Miscellaneous and supplementary
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245
Commencement
(1)
Subject to subsections (2) to (4), the provisions of this Act come into force in
accordance with provision made by the Secretary of State by order.
(2)
The following provisions come into force on the day this Act is passed—
(a)
in Part 4, sections 191, 192 and 193 and Schedule 9 (provisions relating
5
to retirement planning);
(b)
in Part 5, section 215 (exemption from statutory revaluation
requirement);
(c)
in Part 6—
(i)
section 220 (entitlement to more than one state pension),
10
(ii)
section 221(3) (commencement of amendments of state pension
deferment provisions made by Pensions Act 1995 (c. 26)),
(iii)
section 222 (disclosure of state pension information), except
subsections (4) and (5)(b), and
(iv)
section 223 (claims for certain benefits following termination of
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reciprocal agreement with Australia);
(d)
in this Part (miscellaneous and general)—
(i)
sections 227 to 229 (service of notifications etc and electronic
working), and
(ii)
this section and sections 236, 238 (other than subsection (6)),
20
239, 240, 241 (other than subsections (2) and (3)) and 246 to 248;
(e)
the repeal by this Act of section 50(2) of the Welfare Reform and
Pensions Act 1999 (c. 30).
(3)
Section 221 (and Schedule 10) (deferral of retirement pensions and shared
additional pensions), other than the provisions coming into force in accordance
25
with subsection (2)—
(a)
come into force on the day this Act is passed so far as is necessary for
enabling the making of any regulations for which they provide, and
(b)
otherwise, come into force on 6th April 2005.
(4)
The repeals by this Act of section 134(3) of, and paragraph 21(14) of Schedule 4
30
to, the Pensions Act 1995 come into force on 6th April 2005.
(5)
Without prejudice to section 238(5), the power to make an order under this
section includes power—
(a)
to make transitional adaptations or modifications—
(i)
of the provisions brought into force by the order, or
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(ii)
in connection with those provisions, of any provisions of Parts
1 to 5 of this Act or of the Pension Schemes Act 1993 (c. 48), the
Pensions Act 1995, Parts 1, 2 or 4 of the Welfare Reform and
Pensions Act 1999 or Chapter 2 of Part 2 of the Child Support,
Pensions and Social Security Act 2000 (c. 19), or
40
(b)
to save the effect of any of the repealed provisions of those Acts, or
those provisions as adapted or modified by the order,

as it appears to the Secretary of State expedient, including different adaptations
or modifications for different periods.
246
Extent
45
(1)
This Act extends to England, Wales and Scotland.

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Part 7 — Miscellaneous and supplementary
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(2)
The following provisions of this Act also extend to Northern Ireland—
(a)
in Part 1 (the Regulator)—
(i)
sections 1, 2, 4 (other than subsection (2)(b)), 8, 9, 10, 12, 34, 76
and 80, and
(ii)
in Schedule 1, paragraphs 1 to 19, 20(1) to (3) and (7), 21 (other
5
than paragraph (b)), 22 to 25 and 27 to 35, and section 3 so far as
it relates to those provisions, and
(iii)
Schedule 4,
(b)
in Part 2 (the Board)—
(i)
sections 81, 82, 83, 86, 87, 88, 89, 92, 93, 170 and 172, and
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(ii)
Schedule 5,
(c)
in Part 4 (retirement planning), sections 191 and 192 and paragraph 2 of
Schedule 9 (and section 193 so far as it relates to that paragraph),
(d)
in Part 5 (personal and occupational pension schemes: miscellaneous
provisions), section 211(2)(b),
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(e)
in Part 6 (state pensions), section 223, and
(f)
in this Part—
(i)
sections 224, 225, 226 and 233,
(ii)
sections 227 to 229, 232, 236, 238, 239 and 241 so far as those
provisions have effect for the purposes of provisions which
20
themselves extend to Northern Ireland, and
(iii)
this section and sections 244, 245, 247 and 248.
(3)
An amendment or repeal contained in this Act has the same extent as the
enactment to which it relates and sections 193 (except so far as it relates to
paragraph 2 of Schedule 9), 242 and 243 have effect accordingly.
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247
Northern Ireland
An Order in Council under paragraph 1(1) of the Schedule to the Northern
Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of
devolved government) which contains a statement that it is made only for
purposes corresponding to those of this Act—
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(a)
is not subject to paragraph 2 of that Schedule (affirmative resolution of
both Houses of Parliament), but
(b)
is subject to annulment in pursuance of a resolution of either House of
Parliament.
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Short title
35
This Act may be cited as the Pensions Act 2004.