(92-95)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  92  )

“(4)
This section also does not apply in relation to a trust scheme

where the trustees are required to wind up, or continue the

winding up, of the scheme under section 145(1) of the Pensions

Act 2004 (requirement to wind up certain schemes with sufficient

assets to meet protected liabilities).””
613
Page 310, leave out lines 19 to 25
614
Page 310, leave out lines 27 and 28
615
Page 310, line 29, leave out paragraph 51
616
Page 311, line 20, at end insert—

“
In section 119 (calculations etc under regulations: sub-delegation), for

“73(3)” substitute “73B(4)(a)”.”
617
Page 311, line 22, leave out from “(1),” to “in” in line 25
618
Page 311, line 29, leave out “which may include conditional rights and” and insert

“including”
619
Page 311, line 30, leave out “scheme” and insert “occupational pension scheme or

a personal pension scheme”
620
Page 311, line 36, leave out “127 and 145” and insert “145 and 210”
621
Page 311, line 37, at end insert—

     “( )
In subsection (3B), after “(3E)” insert “and to sections 145 and 210 of the

Pensions Act 2004”.”
622
Page 311, line 37, at end insert—

“Bank of England Act 1998 (c. 11)


In Schedule 7 to the Bank of England Act 1998 (restriction on disclosure

of information), in the table in paragraph 3(1), 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

(e) any enactment in force in

Northern Ireland

corresponding to an

enactment mentioned in

paragraphs (a) to (d)

above.””

623
Page 312, line 5, at end insert—


“In section 8(2)(a) (providing for stakeholder pension schemes to be

treated as personal pension schemes), after “is” insert “prescribed or is”.”

(  93  )
624
Page 312, line 18, at end insert—

“( )
in sub-paragraph (i) for the words from “except” to the end

substitute “except sections 7(5A)(b), 8(1)(a) and (c) and (2),

11(3A) and (3B) and 15(1);”
625
Page 312, line 20, leave out from “(iii)” to end of line 21 and insert “omit the words

from “except” to the end,”
626
Page 312, leave out lines 26 and 27 and insert—

“(c)
the following provisions of the Pensions Act 2004—

(i)
section 61 (accessibility of register of prohibited

trustees);

(ii)
Chapters 4 and 5 of Part 2 (fraud compensation

and information gathering);

(iii)
sections 236 to 238 (requirements for

knowledge and understanding); and

(iv)
section 303 (interpretation).””
627
Page 312, line 27, at end insert—

     “( )
In sub-paragraph (5), after “1995 Act” insert “, and section 303(1) of the

Pensions Act 2004,”.”
628
Page 312, line 32, leave out “In Schedule 5, in” and insert—

“     (1)
Schedule 5 (pension credits: mode of discharge) is amended as follows.

      (2)
In”
629
Page 312, line 34, at end insert—

     “( )
After paragraph 13 insert—

“13A
The provisions of this Schedule are subject to—

(a)
section 73A(3) and (6) of the Pensions Act 1995

(prohibition on new members during winding up of

scheme: exception for discharge of pension credit

derived from the scheme), and

(b)
section 125(2) and (7A) of the Pensions Act 2004

(prohibition on new members during an assessment

period in relation to a scheme: exception for discharge

of pension credit derived from the scheme).””
630
Page 312, line 34, at end insert—

“Terrorism Act 2000 (c. 11)


In Schedule 3A to the Terrorism Act 2000 (regulated sector and

supervisory authorities), for paragraph 4(1)(f) substitute—

“(f)
the Pensions Regulator;”.”
631
Page 312, line 34, at end insert—

“Freedom of Information Act 2000 (c. 36)


In Schedule 1 to the Freedom of Information Act 2000 (public

authorities), in Part 6 insert at the appropriate place—


“The Pensions Regulator.”


“The Board of the Pension Protection Fund.”

(  94  )


“The Ombudsman for the Board of the Pension Protection Fund.””
632
Page 312, line 34, at end insert—

“Proceeds of Crime Act 2002 (c. 29)


“In Schedule 9 to the Proceeds of Crime Act 2002 (regulated sector and

supervisory authorities), for paragraph 4(1)(f) substitute—

“(f)
the Pensions Regulator;”.”
Schedule 13
633
Page 313, line 18, second column, at beginning insert—

“Section 10(5)(ba) and the word “or”

immediately preceding it.”

634
Page 313, line 30, at end insert—

“In section 34(1)(a)(ii), the words “or category”.”

635
Page 313, line 35, at end insert—

“In section 123, the definition of “occupational

pension scheme” in subsection (3), and

subsection (4).”

636
Page 313, line 35, at end insert—

“In section 129—

(a) in subsection (2) the words from “and

Chapter IV” to the end, and

(b) subsection (3)(b).”

637
Page 313, line 45, at end insert—

“In section 149(6)—

(a) paragraph (c), and

(b) the word “and” at the end of paragraph (k).”

638
Page 314, line 7, at end insert—

“In section 158—

(a) in subsection (6), the words “Subject to

subsection (7)”, and

(b) subsection (7).”

639
Page 314, line 9, leave out from “175” to “subsections” in line 10 and insert “—

  (a) in subsection (1), paragraph (a) and the

word “or” at the end of paragraph (b), and

  (b)”

(  95  )
640
Page 314, line 10, at end insert    —

“In section 177(5)—

(a) the word “and” at the end of paragraph (a),

and

(b) paragraph (b).”

641
Page 314, leave out lines 11 and 12 and insert—

“In section 181—

(a) in subsection (1), the definitions of “the

register”, “the Registrar”, and “voluntary

contributions requirements”,

(b) in subsection (3), the words “section 6,”, and

(c) in subsection (4), the word “6,”.”

642
Page 314, line 12, at end insert—

“In section 192(2), the words “section 6(1) and

(2) (except paragraph (a)(ii)), (3), (4), and

(8),”.”

643
Page 314, line 26, leave out ““but”” and insert ““but if””
644
Page 314, line 41, at end insert—

“Section 41(2)(c).”

645
Page 314, line 46, at end insert “sub-paragraph (i) of”
646
Page 314, line 50, at end insert—

“In section 63(4)(c), the words “or category”.”

647
Page 315, line 14, at end insert—

“In section 74—

(a) in subsection (2) the words “(including

increases in pensions)”,

(b) in subsection (4) the words “(including

increases in pensions)”, and

(c) subsection (5)(b) and the word “or”

immediately preceding it.”

648
Page 315, line 34, after “124(1)” insert—

“—

(a) in the definition of “employer”, the words

“or category”,

(b) ”