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
194

268
Protected items
(1)
A person may not be required under or by virtue of this Act to produce,
disclose or permit the inspection of protected items.
(2)
For this purpose “protected items” means—
(a)
communications between a professional legal adviser and his client or
5
any person representing his client which fall within subsection (3);
(b)
communications between a professional legal adviser, his client or any
person representing his client and any other person which fall within
subsection (3) (as a result of paragraph (b) of that subsection);
(c)
items which—
10
(i)
are enclosed with, or referred to in, such communications,
(ii)
fall within subsection (3), and
(iii)
are in the possession of a person entitled to possession of them.
(3)
A communication or item falls within this subsection if it is made—
(a)
in connection with the giving of legal advice to the client, or
15
(b)
in connection with, or in contemplation of, legal proceedings and for
the purpose of those proceedings.
(4)
A communication or item is not a protected item if it is held with the intention
of furthering a criminal purpose.
269
Liens
20
If a person claims a lien on a document, its production under any provision
made by or by virtue of this Act does not affect the lien.
270
Crown application
(1)
In this section “the relevant provisions” means—
(a)
Parts 1 to 5,
25
(b)
sections 264, 265, 267, 268, 269, 271, 272, 275(2) and 279(5).
(2)
The relevant provisions apply to a pension scheme managed by or on behalf of
the Crown as they apply to other pension schemes; and, accordingly,
references in those provisions to a person in his capacity as a trustee or
manager of, or person prescribed in relation to, a pension scheme include the
30
Crown, or a person acting on behalf of the Crown, in that capacity.
(3)
The relevant provisions apply to persons employed by or under the Crown in
like manner as if such persons were employed by a private person; and
references in those Parts to a person in his capacity as an employer include the
Crown, or a person acting on behalf of the Crown in that capacity.
35
(4)
This section does not apply to any of the relevant provisions under or by virtue
of which a person may be prosecuted for an offence; but such a provision
applies to persons in the public service of the Crown as it applies to other
persons.
(5)
Nothing in the relevant provisions applies to Her Majesty in Her private
40
capacity (within the meaning of the Crown Proceedings Act 1947 (c. 44)).

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195

Regulations and orders
271
Breach of regulations
The following provisions of the Pensions Act 1995 (c. 26) apply to regulations
under this Act as if they were regulations made by virtue of Part 1 of that Act—
(a)
section 10(3) to (9) (power to impose civil penalties for contravention of
5
regulations under Part 1 of that Act);
(b)
section 116 (power to provide for contravention of regulations under
that Part to be criminal offence).
272
Subordinate legislation (general provisions)
(1)
Any power conferred by this Act to make subordinate legislation is exercisable
10
by statutory instrument, except any order-making power conferred on the
Regulator.
(2)
Any power conferred by this Act to make subordinate legislation may be
exercised—
(a)
either in relation to all cases to which the power extends, or in relation
15
to those cases subject to specified exceptions, or in relation to any
specified cases or descriptions of case;
(b)
so as to make, as respects the cases in relation to which it is exercised—
(i)
the full provision to which the power extends or any lesser
provision (whether by way of exceptions or otherwise),
20
(ii)
the same provision for all cases in relation to which the power
is exercised, or different provision for different cases or
different descriptions of case or different provision as respects
the same case or description of case for different purposes of
this Act, or
25
(iii)
any such provision either unconditionally or subject to any
specified condition.
(3)
Any power conferred by this Act to make subordinate legislation—
(a)
if it is expressed to be exercisable for alternative purposes, may be
exercised in relation to the same case for any or all of those purposes,
30
and
(b)
if it is conferred for the purposes of any one provision of this Act, is
without prejudice to any power to make subordinate legislation for the
purposes of any other provision.
(4)
A power conferred by this Act to make subordinate legislation includes power
35
to provide for a person to exercise a discretion in dealing with any matter.
(5)
Any power conferred by this Act to make subordinate legislation also includes
power to make such incidental, supplementary, consequential or transitional
provision as appears to the authority making the subordinate legislation to be
expedient.
40
(6)
Regulations may, for the purposes of or in connection with the coming into
force of any provisions of this Act, make any such provision as could be made
by virtue of section 279(5) by an order bringing those provisions into force.

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273
Parliamentary control of subordinate legislation
(1)
Subject to subsections (2) and (3), a statutory instrument containing regulations
or an order or rules under this Act is subject to annulment in pursuance of a
resolution of either House of Parliament.
(2)
A statutory instrument which contains—
5
(a)
regulations under section 106(1) or (3) (administration levy in respect
of expenditure relating to the Board of the Pension Protection Fund);
(b)
regulations under section 150 (modification of Chapter 3 where
liabilities discharged during the assessment period);
(c)
regulations under section 157 (the initial levy);
10
(d)
regulations under section 158 (pension protection levies);
(e)
an order under section 161(1) (the levy ceiling);
(f)
an order under section 192 (the PPF Ombudsman);
(g)
regulations under section 196 (reference of reviewable matter to the
PPF Ombudsman);
15
(h)
regulations under section 197 (investigation by PPF Ombudsman of
complaints of maladministration);
(i)
regulations under section 218 (combined pension forecasts);
(j)
regulations under section 219 (information and advice to employees);
(k)
regulations which make provision by virtue of section 232(2)(f) (power
20
to make amendments etc to certain Acts);
(l)
regulations which make provision by virtue of section 271(b) (power to
provide for contravention of regulations to be criminal offence);
(m)
an order under section 276(2)(a) (power to make consequential
amendments to Acts);
25
(n)
an order under paragraph 23(8) of Schedule 7 (power to vary
percentage of periodic compensation that can be commuted);
(o)
an order under paragraph 25(7) of that Schedule (orders specifying the
compensation cap in respect of payments from the Pension Protection
Fund); or
30
(p)
an order under paragraph 29(1) of that Schedule (power to vary
percentage paid as compensation from the Pension Protection Fund);

must not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.
(3)
Subsection (1) does not apply to—
35
(a)
an order under section 80(9) (commencement of code of practice);
(b)
an order under section 113(2) (schemes winding up before day
appointed by order not eligible schemes for purposes of Part 2);
(c)
an order under section 165(10) (order appointing day after which losses
of non-trust schemes are relevant for fraud compensation purposes); or
40
(d)
an order under section 279 (commencement).
274
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.
(2)
Subsection (1) does not apply—
45
(a)
to regulations contained in a statutory instrument made for the
purpose only of consolidating other instruments revoked by it,

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(b)
in a case where it appears to the Secretary of State that by reason of
urgency consultation is inexpedient,
(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
5
(d)
to regulations contained in a statutory instrument which—
(i)
states that it contains only regulations which are consequential
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.
10
Interpretation
275
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);
15

“the Board” has the meaning given by section 96;

“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);
20

“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”—
25
(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
30
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));
35

“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
40
meaning of section 124(1) of the Pensions Act 1995 (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
45
Pension Schemes Act 1993;

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

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“occupational pension scheme” has the meaning given by section 1 of the
Pension Schemes Act 1993 (c. 48);

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

“personal pension scheme” has the meaning given by section 1 of the
5
Pension Schemes Act 1993;

“prescribed” means prescribed by regulations;

“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;
10

“the Regulator” has the meaning given by section 1.
(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—
15
(a)
prescribe the persons who are to be regarded as members or
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
20
or prospective member.
Miscellaneous and supplementary
276
Minor and consequential amendments
(1)
Schedule 12 (which makes minor and consequential amendments) has effect.
(2)
The Secretary of State may by order make provision consequential on this Act
25
amending, repealing or revoking (with or without savings) any provision of—
(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.
277
Repeals and revocations
The enactments mentioned in Schedule 13 are repealed or revoked to the extent
30
specified.
278
Pre-consolidation amendments
(1)
The Secretary of State may by order make such modifications of—
(a)
this Act,
(b)
the Pension Schemes Act 1993,
35
(c)
the Pensions Act 1995,
(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
40
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,
5

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.
279
Commencement
(1)
Subject to subsections (2) to (4), the provisions of this Act come into force in
10
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 215, 216 and 217 and Schedule 10 (provisions relating
to retirement planning);
(b)
in Part 5, section 249 (exemption from statutory revaluation
15
requirement);
(c)
in Part 6—
(i)
section 254 (entitlement to more than one state pension),
(ii)
section 255(3) (commencement of amendments of state pension
deferment provisions made by Pensions Act 1995 (c. 26)),
20
(iii)
section 256 (disclosure of state pension information), except
subsections (4) and (5)(b), and
(iv)
section 257 (claims for certain benefits following termination of
reciprocal agreement with Australia);
(d)
in this Part (miscellaneous and general)—
25
(i)
sections 261 to 263 (service of notifications etc and electronic
working), and
(ii)
this section and sections 270, 272 (other than subsection (6)),
273, 274, 275 (other than subsections (2) and (3)) and 280 to 282;
(e)
the repeal by this Act of section 50(2) of the Welfare Reform and
30
Pensions Act 1999 (c. 30).
(3)
Section 255 (and Schedule 11) (deferral of retirement pensions and shared
additional pensions), other than the provisions coming into force in accordance
with subsection (2)—
(a)
come into force on the day this Act is passed so far as is necessary for
35
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
to, the Pensions Act 1995 come into force on 6th April 2005.
(5)
Without prejudice to section 272(5), the power to make an order under this
40
section includes power—
(a)
to make transitional adaptations or modifications—
(i)
of the provisions brought into force by the order, or
(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
45
Pensions Act 1995, Parts 1, 2 or 4 of the Welfare Reform and

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Pensions Act 1999 or Chapter 2 of Part 2 of the Child Support,
Pensions and Social Security Act 2000 (c. 19), or
(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
5
or modifications for different periods.
280
Extent
(1)
Subject to the following provisions, this Act extends to England, Wales and
Scotland.
(2)
The following provisions of this Act also extend to Northern Ireland—
10
(a)
in Part 1 (the Regulator)—
(i)
sections 1, 2, 4 (other than subsection (2)(b)), 8, 9, 10, 12, 48, 91
and 95,
(ii)
in Schedule 1, paragraphs 1 to 19, 20(1) to (3) and (7), 21 (other
than paragraph (b)), 22 to 25 and 27 to 35, and section 3 so far as
15
it relates to those provisions, and
(iii)
Schedule 4,
(b)
in Part 2 (the Board)—
(i)
sections 96, 97, 98, 99(1) and (3), 101, 102, 103, 104, 107, 108,
144(2)(a), (3),(5) and (6), 156, 171, 192, 193 and 195,
20
(ii)
section 100 so far as that provision has effect in relation to
functions of the Board conferred by any provision of, or made
under, this Act which extends to Northern Ireland,
(iii)
Schedule 5 (other than paragraph 18), and
(iv)
Schedule 6 (other than paragraph 7),
25
(c)
in Part 4 (retirement planning), sections 215 and 216 and paragraph 2 of
Schedule 10 (and section 217 so far as it relates to that paragraph),
(d)
in Part 5 (personal and occupational pension schemes: miscellaneous
provisions), sections 242 and 245(2)(b),
(e)
in Part 6 (state pensions), section 257, and
30
(f)
in this Part—
(i)
sections 258, 259, 260 and 267,
(ii)
sections 261 to 263, 266, 270, 272, 273 and 275 so far as those
provisions have effect for the purposes of provisions which
themselves extend to Northern Ireland, and
35
(iii)
this section and sections 278, 279, 281 and 282.
(3)
Section 95 (legal assistance scheme) does not extend to Scotland.
(4)
An amendment or repeal contained in this Act has the same extent as the
enactment to which it relates and sections 217 (except so far as it relates to
paragraph 2 of Schedule 10), 276 and 277 have effect accordingly.
40
281
Northern Ireland
(1)
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—
45