Pension Schemes Act 1993

140 Effect of orders under ss. 136 and 139

(1) An order under paragraph (a) of section 136(1) may enable those exercising any power conferred by the order to exercise it retrospectively (whether or not the power could otherwise be so exercised) and an order under paragraph (b) of that section may modify a scheme retrospectively.

(2) An order under paragraph (a) of section 139(2) may require persons to exercise a power retrospectively (whether or not the power could otherwise be so exercised), and an order under paragraph (b) or (c) of that section may operate retrospectively.

(3) In this section “retrospectively” means with effect from a date before that on which the power is exercised or, as the case may be, the order is made, but—

(a) in the case of an order under section 136(1), that date shall be such date as may be proposed for the purposes of this subsection by the persons applying for the order; and

(b) in the case of an order under section 139(2), that date shall not be a date earlier than the operative date for the requirements.

(4) In subsection (3)(b) “the operative date for the requirements” means—

(a) in the case of the preservation requirements, 5th September 1973;

(b) in the case of the voluntary contributions requirements—

(i) as respects a personal pension scheme in so far as it is comprised in an annuity contract, 1st July 1988, but otherwise 4th January 1988, and

(ii) as respects an occupational pension scheme, 6th April 1988; and

(c) in the case of the equal access requirements, 6th April 1978.

(5) Any modification of a scheme made in pursuance of an order of the Board under section 136(1) or 139(2)(b) or (c) shall be as effective in law as if it had been made under powers conferred by or under the scheme.

(6) An order under section 136(1) or 139(2)(b) or (c) may be made and complied with in relation to a scheme—

(a) notwithstanding any enactment or rule of law, or any rule of the scheme, which would otherwise operate to prevent the modification being made;

(b) without regard to any such enactment, rule of law or rule of the scheme as would otherwise require, or might otherwise be taken to require, the implementation of any procedure or the obtaining of any consent, with a view to the making of the modification.