6 S.I.
2011/1267: Reported for defective drafting
Pensions Act 2007 (Commencement No. 4) Order
2011 (S.I. 2011/1267)
6.1 The Committee draws the special attention
of both Houses to this Order on the ground that it is defectively
drafted in one respect.
6.2 In Part 2 of Schedule 4 to the Pensions Act 2007,
paragraph 46 introduces all of the paragraphs (47 to 60) of that
Part of that Schedule that amend the Pension Schemes Act 1993.
Article 2(b) of the Order partially commences paragraph 59, and
commences paragraph 60, of that Part of that Schedule on 6th April
2012, but does not mention paragraph 46. Article 3(a) of the Order
commences paragraphs 47, 49 and 54, and partially commences paragraph
59, of that Part of that Schedule on 6th April 2015: it mentions
paragraph 46 but only in so far as it relates to paragraphs 47,
49 and 54. In a memorandum printed at Appendix 6, the Department
for Work and Pensions accepts that paragraph 46 should also have
been commenced in so far as it relates to paragraphs 59 and 60
and states that it will correct the inconsistency in a future
order to be made before relevant commencement dates. The
Committee accordingly reports articles 2(b) and 3(a) for defective
drafting, acknowledged by the Department.
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