Pension Schemes Act 1993

Sections 191 and 193(2).

SCHEDULE 9 U.K. Transitory Modifications

Commencement Information

I1 Sch. 9 in force at 7.2.1994 by S.I. 1994/86, art. 2

1 (1) If— U.K.

(a) no date has been appointed as the date on which a provision mentioned in column 1 of the following Table is to come into force before the commencement date, or

(b) a date has been appointed which is later than the commencement date,

then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect until the appointed day.

TABLE

Provision	Paragraph of this Schedule
(i) Section 69(7) of the M1 Social Security Act 1973.	Paragraph 2.
(ii) Section 11(1) and (2) of the M2 Social Security Act 1990.	Paragraph 3.
(iii) Paragraph 7(1) of Schedule 4 to the Social Security Act 1990.	Paragraph 4(1).
(iv) Paragraph 7(2) of Schedule 4 to the Social Security Act 1990.	Paragraph 4(2).
(v) Paragraph 7(3) of Schedule 4 to the Social Security Act 1990.	Paragraph 4(3).
(vi) Section 82(2) of the M3 Courts and Legal Services Act 1990.	Paragraph 5.
(vii) Paragraph 23 of Schedule 16 to the M4 Friendly Societies Act 1992.	Paragraph 6.
(viii) Paragraph 12 of Schedule 8 to the M5 Judicial Pensions and Retirement Act 1993.	Paragraph 7(1).
(ix) Paragraph 18(1) of Schedule 8 to the Judicial Pensions and Retirement Act 1993.	Paragraph 7(2).
(x) Paragraph 18(2) of Schedule 8 to the Judicial Pensions and Retirement Act 1993.	Paragraph 7(3).

(2) If—

(a) a date has been appointed as the date on which a provision mentioned in column 1 of the Table in sub-paragraph (1) is to come into force for some purposes of that provision but not for others, and

(b) that date is on or before the commencement date,

then the paragraph mentioned in column 2 of the Table opposite that provision shall have effect for those other purposes of that provision (in so far as it is capable of doing so) until the relevant appointed day.

(3) In this paragraph—

• “the commencement date”, means the date on which the provisions of this Act other than those mentioned in subsection (3) of section 193 come into force by virtue of an order under subsection (2) of that section;

• “the appointed day”, in relation to a provision mentioned in column 1 of the Table in sub-paragraph (1), means—

(a) in the case mentioned in paragraph (a) of sub-paragraph (1), such day as may be appointed by order for the purposes of that provision—

(i) in the case of the provisions mentioned in paragraphs (i) to (v) of that Table, by the Secretary of State;

(ii) in the case of the provision mentioned in paragraph (vi) of that Table, by the Lord Chancellor or by the Secretary of State or by both acting jointly;

(iii) in the case of the provision mentioned in paragraph (vii) of that Table, by the Treasury; and

(iv) in the case of the provisions mentioned in paragraphs (viii) to (x) of that Table, by the appropriate Minister (within the meaning of section 30(1) of the M6 Judicial Pensions and Retirement Act 1993); and

(b) in the case mentioned in paragraph (b) of that sub-paragraph, the day appointed as the day on which that provision is to come into force.

(4) An order under sub-paragraph (3) may—

(a) appoint different days for different provisions or for different purposes of the same provision;

(b) in the case of an order appointing a day until which paragraph 2 has effect, may make such transitional provision or savings as appear to the Secretary of State to be necessary or expedient in connection with section 163(9), and may make such adaptations of that section or of any provision of this Act deriving from the M7 Social Security Act 1973 as appear to the Secretary of State to be necessary or expedient in consequence of the postponed (or partly postponed) operation of that section (whether before on or after the day appointed by the order);

(c) in the case of an order appointing a day until which paragraph 5 has effect, may contain such incidental, supplemental or transitional provisions or savings as the person making it considers expedient;

(d) in the case of an order appointing a day until which paragraph 6 has effect, may make such transitional provision or savings (whether or not involving the modification of any statutory provision) as appear to the Treasury necessary or expedient in connection with the bringing into force of the words which have effect by virtue of that order;

(e) in the case of an order appointing a day until which paragraph 7 has effect, may make such transitional, consequential, supplementary or incidental provision or savings (whether or not involving the modification of the operation of the M8 Judicial Pensions and Retirement Act 1993 or any other enactment) as appear to the appropriate Minister (within the meaning of section 30(1) of that Act) to be necessary or expedient for the purposes of or in connection with the bringing into force of the provisions which have effect by virtue of that order;

and in sub-paragraph (2) “the relevant appointed day”, in relation to any purpose of a provision, means the day appointed as the day on which the provision is to come into force for that purpose.

(5) The Secretary of State may by regulations make—

(a) such transitional provision,

(b) such consequential provision, or

(c) such savings,

as he considers necessary or expedient in preparation for or in connection with the coming into force of any provision which comes into force when paragraph 3 or 4 ceases to have effect or the operation of any provision affected by that paragraph during any period when that paragraph has effect in relation to it.

(6) The Treasury may by regulations make such transitional and consequential provisions and such savings as they consider necessary or expedient in preparation for or in connection with or in consequence of the coming into force of the words which come into force when paragraph 6 ceases to have effect and such regulations may make modifications of any enactment contained in the M9 Friendly Societies Act 1992 or in any other Act.

Marginal Citations

M1 1973 c. 38.

M2 1990 c. 27.

M3 1990 c. 41.

M4 1992 c. 40.

M5 1993 c. 8.

M6 1993 c. 8.

M7 1973 c. 38.

M8 1993 c. 8.

M9 1992 c. 40.

Rule against perpetuities U.K.

2 U.K. In section 163, subsection (9) shall be omitted.

Limited price indexation U.K.

Yn ddilys o 06/04/1997

F1 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 9 para. 4 repealed (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 6 para. 16(3), Sch. 7 Pt. IV; S.I. 1997/664, art. 2(3), Sch. Pt. 2

Guaranteed minimum for married women and widows paying reduced rate contributions U.K.

Yn ddilys o 06/04/1997

F1 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 9 para. 4 repealed (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 6 para. 16(3), Sch. 7 Pt. IV; S.I. 1997/664, art. 2(3), Sch. Pt. 2

5 U.K. In section 111, subsection (3) shall be omitted.

Friendly societies U.K.

6 U.K. In section 162(4)(c)(i), for the words “section 65A” there shall be substituted the words “ section 65(2) ”.

Judicial pensions U.K.

7 (1) In section 146, subsection (3) shall be omitted. U.K.

(2) In section 111(3), the words “the Judicial Pensions and Retirement Act 1993” shall be omitted.

(3) In Schedule 6, paragraph 17(3)(j) shall be omitted.