Appendix 6
S.I. 2011/1267: memorandum from the Department
of Work and Pensions
Pensions Act 2007 (Commencement No. 4) Order
2011 (S.I. 2011/1267)
The Committee considered the above instrument at
its meeting on 15 June 2011 and asked for a memorandum on the
following points:
(1) Why does article 2(b) not refer to paragraph
46 of Part 2 of Schedule 4 to the Pensions Act 2007, given that
article 3(a)(iii) does?
and
(2) Why does sub-paragraph (iii) of paragraph (a)
of article 3 not refer to the provisions specified in sub-paragraphs
(v) and (vi) of that paragraph?
The Department for Work and Pensions response is
as follows:
We note that an inconsistent approach has been taken
to the commencement of the introductory paragraph (paragraph 46
of Schedule 4 of the Pensions Act 2007) in this instrument. Given
that paragraph 46 was commenced in relation to paragraphs 47,
49 and 54 of Schedule 4, it should also have been commenced in
relation to the paragraphs specified in article 2(b) and article
3(a)(v) and (vi) of this instrument. The inconsistent approach
adopted was an oversight for which the Department apologises.
The Department will make a further commencement order
correcting this inconsistency before the provisions to which it
relates are brought into force (6 April 2012 and 6 April 2015).
Department for Work and Pensions
20th June 2011
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