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Pensions Act 1995, Section 89 is up to date with all changes known to be in force on or before 26 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In the case of money purchase schemes falling within a prescribed class or description, regulations may—
(a)provide for any of the provisions of [F1Part 3 of the Pensions Act 2004] to apply, or apply with prescribed modifications (in spite of anything in [F2that Part]), and
(b)provide for any of the provisions of sections 87 and 88 to apply with prescribed modifications or not to apply,
to such extent as may be prescribed.
(2)Regulations may provide for any of the provisions of section 75 to apply, or apply with prescribed modifications, to money purchase schemes to such extent as may be prescribed (in spite of anything in that section), and the power conferred by this subsection includes power to apply section 75 in circumstances other than those in which the scheme is being wound up or a relevant F3... event occurs (within the meaning of that section).
[F4(3)Where a pension scheme is divided into sections, each section that is a collective money purchase scheme for the purposes of Part 1 of the Pension Schemes Act 2021 (see section 1(2)(b) of that Act) is to be treated for the purposes of this section as a separate money purchase scheme.]
Textual Amendments
F1Words in s. 89(1)(a) substituted (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 66(a)(i); S.I. 2005/695, art. 2(7), Sch. 1
F2Words in s. 89(1)(a) substituted (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 66(a)(ii); S.I. 2005/695, art. 2(7), Sch. 1
F3Word in s. 89(2) repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 66(b), Sch. 13; S.I. 2005/695, art. 2(7), Sch. 1
F4S. 89(3) inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 3 para. 10; S.I. 2022/721, regs. 1(2), 3(a)
Modifications etc. (not altering text)
C1S. 89 applied (24.7.2014) by The Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014 (S.I. 2014/1711), regs. 1(1), 68
Commencement Information
I1S. 89 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
I2S. 89 in force at 6.4.1997 in so far as not already in force by S.I. 1997/664, art. 2(3), Sch. Pt. 3
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