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(  86  )

 
 

(i)   

”, and

 

(iii)   

at the end of that paragraph insert “, and

 

(ii)   

any PPF compensation which, by

 

reason of the dissolution or

 

annulment of the marriage, a party

 

to the marriage will lose the chance

 

of acquiring entitlement to”.

 

(b)   

in subsection (7), after paragraph (b) insert “, and

 

(c)    

“PPF compensation” means compensation

 

payable under Chapter 3 of Part 2 of the Pensions

 

Act 2004 (pension protection) or any provision in

 

force in Northern Ireland corresponding to that

 

Chapter.”

 

      (3)  

In section 21 (application to orders under sections 14 and 17 of certain

 

provisions of Part 2 of the Matrimonial Causes Act 1973), after

 

subsection (1)(be) insert—

 

“(bf)   

section 25E(2) to (10) (the Pension Protection Fund);”.”

587

Page 304, line 12, at end insert—

 

“Companies Act 1985 (c. 6)

 

      (1)  

The Companies Act 1985 is amended as follows.

 

      (2)  

In section 449 (provision for security of information obtained by the

 

Secretary of State under section 447), for subsection (1)(dg) substitute—

 

“(dg)   

for the purpose of enabling or assisting the Pensions

 

Regulator to exercise the functions conferred on it by or

 

by virtue of the Pension Schemes Act 1993, the Pensions

 

Act 1995, the Welfare Reform and Pensions Act 1999 or

 

the Pensions Act 2004 or any enactment in force in

 

Northern Ireland corresponding to any of those

 

enactments;

 

(dh)   

for the purpose of enabling or assisting the Board of the

 

Pension Protection Fund to exercise the functions

 

conferred on it by or by virtue of Part 2 of the Pensions

 

Act 2004 or any enactment in force in Northern Ireland

 

corresponding to that Part;”.

 

      (3)  

In Schedule 15D (permitted disclosures of information) (as inserted by

 

Schedule 2 to the Companies (Audit, Investigations and Community

 

Enterprise) Act 2004)—

 

(a)   

for paragraph 13 substitute—

 

“13        

A disclosure for the purpose of enabling or assisting

 

the Pensions Regulator to exercise the functions

 

conferred on it by or by virtue of any of the following—

 

(a)   

the Pension Schemes Act 1993;

 

(b)   

the Pensions Act 1995;

 

(c)   

the Welfare Reform and Pensions Act 1999;

 

(d)   

the Pensions Act 2004;

 

(e)   

any enactment in force in Northern Ireland

 

corresponding to any of those enactments.”,

 

and

 

(b)   

after that paragraph insert—


 

(  87  )

 
 

“13A       

A disclosure for the purpose of enabling or assisting

 

the Board of the Pension Protection Fund to exercise

 

the functions conferred on it by or by virtue of Part 2 of

 

the Pensions Act 2004 or any enactment in force in

 

Northern Ireland corresponding to that Part.””

588

Page 304, line 12, at end insert—

 

“Companies Act 1989 (c. 40)

 

           

In section 87 of the Companies Act 1989 (exception from restriction on

 

disclosure of information obtained from overseas regulatory authorities

 

etc), in the table in subsection (4) for the entry relating to the

 

Occupational Pensions Regulatory Authority substitute—

 

“The Pensions Regulator

Functions conferred by or by virtue

 
  

of—

 
  

(a) the Pension Schemes Act 1993,

 
  

(b) the Pensions Act 1995,

 
  

(c) the Welfare Reform and

 
  

Pensions Act 1999,

 
  

(d) the Pensions Act 2004,

 
  

or any enactment in force in

 
  

Northern Ireland corresponding to

 
  

an enactment mentioned in

 
  

paragraphs (a) to (d) above.

 
 

The Board of the Pension

Functions conferred by or by virtue

 
 

Protection Fund

of Part 2 of the Pensions Act 2004 or

 
  

any enactment in force in Northern

 
  

Ireland corresponding to that

 
  

Part.””

 

589

Page 304, line 19, leave out from beginning to first “in” in line 20 and insert—

 

“3    (1)  

The Tribunals and Inquiries Act 1992 is amended as follows.

 

      (2)  

In section 7 (concurrence required for removal of members of certain

 

tribunals), in subsection (2) for “(g) or (h)” substitute “(i), (j),(k) or (l)”.

 

      (3)  

In section 14 (restricted application of Act in relation to certain

 

tribunals), for subsection (1A) substitute—

 

“(1A)   

In this Act—

 

(a)   

references to the working of the Pensions Regulator

 

referred to in paragraph 35(i) of Schedule 1 are references

 

to its working so far as relating to the exercise of its

 

regulatory functions (within the meaning of section 87(2)

 

of the Pensions Act 2004) or any corresponding function

 

conferred by a provision in force in Northern Ireland, and

 

(b)   

references to procedural rules for the Pensions Regulator

 

are references to regulations under paragraph 19 of

 

Schedule 1 to that Act (Secretary of State’s powers to

 

make regulations in respect of Regulator’s procedure) so


 

(  88  )

 
 

far as they relate to the procedure to be followed when

 

exercising those functions.”

 

      (4)  

In Schedule 1,”

590

Page 304, line 28, after “(k)” insert—

  

“the Board of the Pension Protection

 
  

Fund established by section 101 of

 
  

the Pensions Act 2004 in respect of

 
  

its functions under or by virtue of

 
  

section 198 of that Act or any

 
  

enactment in force in Northern

 
  

Ireland corresponding to that

 
  

section;

 
  

(l)”

 

591

Page 304, line 30, at end insert “or by virtue of”

592

Page 304, line 31, after “Act” insert “or any enactment in force in Northern Ireland

 

corresponding to that section”

593

Page 305, line 5, leave out from beginning to “subsection” in line 6 and insert—

 

“6    (1)  

Section 56 (provision supplementary to provision relating to payment of

 

state scheme premiums) is amended as follows.

 

      (2)  

In”

594

Page 305, line 14, at end insert—

 

     “(3)  

After subsection (6) insert—

 

“(7)   

Where a premium under section 55 is payable by the Board of the

 

Pension Protection Fund by virtue of a transfer under section 152

 

of the Pensions Act 2004 (effect of the Board assuming

 

responsibility for an occupational pension scheme), then, subject

 

to subsection (8), sections 55 to 68 apply with such modifications

 

as may be prescribed in relation to that premium.

 

(8)   

A premium under section 55 in respect of an earner ceases to be

 

payable if—

 

(a)   

the liability to pay the premium is transferred to the

 

Board of the Pension Protection Fund by virtue of section

 

152 of the Pensions Act 2004, and

 

(b)   

prescribed requirements are met.””

595

Page 305, line 21, leave out from beginning to “for” and insert—

 

     “(1)  

Section 94 (right to cash equivalent) is amended as follows.

 

      (2)  

In subsection (2),”

596

Page 305, line 24, leave out from “as” to end of line 36 and insert “overridden by a

 

relevant legislative provision;

 

(b)   

the relevant legislative provisions, to the extent that they

 

have effect in relation to the scheme and are not reflected

 

in the rules of the scheme; and”

597

Page 305, line 39, at end insert—


 

(  89  )

 
 

     “(3)  

After that subsection insert—

 

“(2A)   

For the purposes of subsection (2)—

 

(a)   

“relevant legislative provision” means any provision

 

contained in any of the following provisions—

 

(i)   

Schedule 5 to the Social Security Act 1989 (equal

 

treatment for men and women);

 

(ii)   

this Chapter or Chapters 2, 3 or 5 of this Part of

 

this Act or regulations made under this Chapter

 

or any of those Chapters;

 

(iii)   

Part 4A of this Act or regulations made under that

 

Part;

 

(iv)   

section 110(1) of this Act;

 

(v)   

Part 1 of the Pensions Act 1995 (occupational

 

pensions) or subordinate legislation made or

 

having effect as if made under that Part;

 

(vi)   

section 31 of the Welfare Reform and Pensions Act

 

1999 (pension debits: reduction of benefit);

 

(vii)   

any provision mentioned in section 292(2) of the

 

Pensions Act 2004;

 

(b)   

a relevant legislative provision is to be taken to override

 

any of the provisions of the scheme if, and only if, it does

 

so by virtue of any of the following provisions—

 

(i)   

paragraph 3 of Schedule 5 to the Social Security

 

Act 1989;

 

(ii)   

section 129(1) of this Act;

 

(iii)   

section 117(1) of the Pensions Act 1995;

 

(iv)   

section 31(4) of the Welfare Reform and Pensions

 

Act 1999;

 

(v)   

section 292(1) of the Pensions Act 2004.””

598

Page 306, line 1, leave out “for extensions”

599

Page 306, line 6, leave out “After section 113” and insert—

 

           

“In section 113 (disclosure of information about schemes to members

 

etc), after subsection (2)(d) insert—

 

“(e)   

persons of prescribed descriptions.”

 

           

After that section”

600

Page 306, line 17, at end insert—

 

“          

In section 123 (interpretation of Chapter 2 of Part 7) omit—

 

(a)   

the definition of “occupational pension scheme” in subsection

 

(3), and

 

(b)   

subsection (4).

 

           

In section 124 (duty of Secretary of State to pay unpaid contributions),

 

after subsection (5) insert—

 

“(6)   

In this section “on his own account”, in relation to an employer,

 

means on his own account but to fund benefits for, or in respect

 

of, one or more employees.””

601

Page 306, line 18, after “requirements),” insert “—


 

(  90  )

 
 

(a)”   

602

Page 306, line 19, at end insert “, and

 

(b)   

after  “under” insert “any of those Chapters or”.”

603

Page 306, line 20, at end insert—

 

           

“In section 145 (the Pensions Ombudsman), after subsection (1) insert—

 

“(1A)   

Provisions conferring power on the Pensions Ombudsman to

 

conduct investigations as mentioned in subsection (1) are to be

 

read as conferring power that—

 

(a)   

in a case of a prescribed description, or

 

(b)   

in a case involving a scheme that is prescribed or is of a

 

prescribed description,

 

   

may be exercised whatever the extent of any connections with

 

places outside the United Kingdom.

 

(1B)   

In subsection (1A) “scheme” means occupational pension scheme

 

or personal pension scheme.

 

(1C)   

Subsection (1A) shall not be taken to prejudice any power of the

 

Pensions Ombudsman apart from that subsection to conduct

 

investigations in a case having connections with places outside

 

the United Kingdom.””

604

Page 306, line 33, at end insert—

 

“( )   

after subsection (6) insert—

 

“(6A)   

For the purposes of subsection (6)(c)—

 

(a)   

a description of complaint may be framed (in

 

particular) by reference to the person making the

 

complaint or to the scheme concerned (or to both),

 

and

 

(b)   

a description of dispute may be framed (in

 

particular) by reference to the person referring the

 

dispute or to the scheme concerned (or to both).”,

 

and”

605

Page 306, line 37, at end insert—

 

“          

In section 149 (procedure on investigation by Pensions Ombudsman),

 

for subsection (6)(b) substitute—

 

“(b)   

the Board of the Pension Protection Fund,

 

(ba)   

the Ombudsman for the Board of the Pension Protection

 

Fund,”.”

606

Page 306, line 37, at end insert—

 

           

“In section 149 (procedure on investigation by Pensions Ombudsman),

 

in subsection (6) (persons to whom Ombudsman may disclose

 

information), at the end insert—

 

“(n)   

a person who, in a member State other than the United

 

Kingdom, has functions corresponding to functions of the

 

Pensions Ombudsman.””

607

Page 306, line 37, at end insert—


 

(  91  )

 
 

     “(1)  

Section 158A (other disclosures by the Secretary of State) is amended as

 

follows.

 

      (2)  

In subsection (1), for the words from “any information” to “Pensions Act

 

1995” substitute “any regulated information”.

 

      (3)  

In the Table in that subsection—

 

(a)   

in the entry for the Regulatory Authority in the second column of

 

the Table for the words from “or the” to the end substitute “, the

 

Pensions Act 1995, the Welfare Reform and Pensions Act 1999 or

 

the Pensions Act 2004 or any enactment in force in Northern

 

Ireland corresponding to any of those enactments.”, and

 

(b)   

for the entry for the Pensions Compensation Board substitute—

 

“The Pensions Ombudsman.

Functions conferred by or by virtue

 
  

of this Act or any enactment in force

 
  

in Northern Ireland corresponding

 
  

to it.

 
 

The Board of the Pension

Functions conferred by or by virtue

 
 

Protection Fund.

of Part 2 of the Pensions Act 2004 or

 
  

any enactment in force in Northern

 
  

Ireland corresponding to that Part.

 
 

The Ombudsman for the Board

Functions conferred by or by virtue

 
 

of the Pension Protection Fund.

of Part 2 of the Pensions Act 2004 or

 
  

any enactment in force in Northern

 
  

Ireland corresponding to that Part.”

 
 

      (4)  

After that subsection insert—

 

“(1AA)   

In subsection (1), “regulated information” means information

 

received by the Secretary of State in connection with his

 

functions under—

 

(a)   

this Act,

 

(b)   

the Pensions Act 1995, or

 

(c)   

the Pensions Act 2004,

 

   

other than information supplied to him under section 225(2) of,

 

or paragraph 2 of Schedule 10 to, the Pensions Act 2004 (supply

 

of information for retirement planning purposes etc).””

608

Page 307, line 11, leave out “which may include conditional rights or” and insert

 

“including”

609

Page 307, line 32, leave out “which may include conditional rights and” and insert

 

“including”

610

Page 307, line 33, leave out “scheme” and insert “occupational pension scheme or

 

a personal pension scheme”

611

Page 309, line 7, leave out from beginning to “subsection” and insert—

 

“39   (1)  

Section 38 (power to defer winding up) is amended as follows.

 

      (2)  

In”

612

Page 309, line 10, at end insert—

 

     “( )  

After subsection (3) insert—


 
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