- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (24/07/2014)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 06/04/2015
Point in time view as at 24/07/2014.
Pensions Act 1995 is up to date with all changes known to be in force on or before 12 September 2024. 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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Section 1.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Section 78.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 2 repealed (1.9.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13; S.I. 2005/1720, art. 2(16), Sch. Pt. 3 (with arts. 3-5) (as amended (26.6.2009) by S.I. 2009/1583, art. 2)
Section 122.
Extent Information
E1The amendment by this Act of an enactment which extends to Northern Ireland extends also to Northern Ireland see s.178(1)(2)(3).
F31E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 paras. 1-7 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt. I (with ss. 191, 192, 194, 195, 202, 241, Sch. 2)
F32E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 paras. 1-7 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt. I (with ss. 191, 192, 194, 195, 202, 241, Sch. 2)
F33E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 paras. 1-7 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt. I (with ss. 191, 192, 194, 195, 202, 241, Sch. 2)
F34E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 paras. 1-7 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt. I (with ss. 191, 192, 194, 195, 202, 241, Sch. 2)
F35E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 paras. 1-7 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt. I (with ss. 191, 192, 194, 195, 202, 241, Sch. 2)
F36E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 paras. 1-7 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt. I (with ss. 191, 192, 194, 195, 202, 241, Sch. 2)
F37E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 paras. 1-7 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt. I (with ss. 191, 192, 194, 195, 202, 241, Sch. 2)
F48E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 3 para. 8 repealed (22.8.1996) by Employment Tribunals Act 1996 (c. 17), s. 46, Sch. 3 Pt. I (with s. 38)
F59E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 3 para. 9 repealed (22.8.1996) by Employment Tribunals Act 1996 (c. 17), s. 46, Sch. 3 Pt. I (with s. 38)
F610E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 3 para. 10 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt. I (with ss. 191, 192, 194, 195, 202, 241, Sch. 2)
F711U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F812E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 3 para. 12 repealed (6.4.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), s. 65(1), Sch. 8; S.I. 2004/3322, art. 2(2), Sch. 2; and repealed (6.4.2006) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13; S.I. 2006/560, art. 2(3), Sch. Pt. 3
13SIn section 31(1) of the Bankruptcy (Scotland) Act 1985 (vesting in permanent trustee of debtor’s estate on sequestration), after “Act” there is inserted “ and section 91(3) of the Pensions Act 1995 ”.
Commencement Information
I2Sch. 3 para. 13 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
14SIn section 32 of that Act (vesting of estate, and dealings of debtor, after sequestration), after subsection (2) there is inserted—
“(2A)The amount allowed for the purposes specified in paragraphs (a) and (b) of subsection (2) above shall not be less than the total amount of any income received by the debtor—
(a)by way of guaranteed minimum pension; and
(b)in respect of his protected rights as a member of a pension scheme, “guaranteed minimum pension” and “protected rights” having the same meanings as in the Pension Schemes Act 1993.”.
Commencement Information
I3Sch. 3 para. 14 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
15E+WIn section 310 of the Insolvency Act 1986 (income payments orders)—
(a)in subsection (2), after “income of the bankrupt” there is inserted “ when taken together with any payments to which subsection (8) applies ”, and
(b)at the end of subsection (7), there is added— “and any payment under a pension scheme but excluding any payment to which subsection (8) applies.
(8)This subsection applies to—
(a)payments by way of guaranteed minimum pension; and
(b)payments giving effect to the bankrupt’s protected rights as a member of a pension scheme.
(9)In this section, “guaranteed minimum pension” and “protected rights” have the same meaning as in the Pension Schemes Act 1993.”
Commencement Information
I4Sch. 3 para. 15 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
16U.K.In section 53(15) of the Building Societies Act 1986, after paragraph (b) there is added— “or
(c)persons involved in the operation of occupational pension schemes (within the meaning of the Pension Schemes Act 1993 or, in Northern Ireland, the Pension Schemes (Northern Ireland) Act 1993)”, and accordingly the “ or ” after paragraph (a) is omitted.
Commencement Information
I5Sch. 3 para. 16 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
F917U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F918U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1019U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
20U.K.In the Table in section 64(5) of the Friendly Societies Act 1992, after the entry relating to the Building Societies Commission there is inserted—
“The Occupational Pensions Regulatory Authority. | Functions under the Pension Schemes Act 1993 or the Pensions Act 1995 or any enactment in force in Northern Ireland corresponding to either of them.” |
Commencement Information
I6Sch. 3 para. 20 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
F1121U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Sch. 3 para. 21 repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13; S.I. 2005/275, art. 2(7), Sch. Pt. 7
22E+W+SThe Pension Schemes Act 1993 is amended as follows.
Commencement Information
I7Sch. 3 para. 22 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
F1223E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Sch. 3 para. 23 repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13; S.I. 2005/695, art. 2(7), Sch. 1
24E+W+SSections 77 to 80 (assignment, forfeiture etc.
of short service benefit) are repealed.
Commencement Information
I8Sch. 3 para. 24 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
25E+W+SSections 102 to 108 (annual increase in pensions in payment) are repealed.
Commencement Information
I9Sch. 3 para. 25 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3 (with art. 6)
26E+W+SSection 112 (restriction on investment in employer-related assets) is repealed.
Commencement Information
I10Sch. 3 para. 26 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
27E+W+SSection 114 (documents for members etc.) is repealed.
Commencement Information
I11Sch. 3 para. 27 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3 (with art. 7)
28E+W+SSection 116 (regulations as to auditors) is repealed.
Commencement Information
I12Sch. 3 para. 28 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
29E+W+SSection 118 (equal access) is repealed.
Commencement Information
I13Sch. 3 para. 29 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)
30E+W+SSections 119 to 122 (independent trustees) are repealed.
Commencement Information
I14Sch. 3 para. 30 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
31E+W+SIn section 129 (overriding requirements)—
(a)in subsection (1), “ Chapter I of Part V ”, “ sections 119 to 122 ”, “ under Chapter I of Part V or ” and “ or sections 119 to 122 ” are omitted,
(b)in subsection (2), for the words from “Chapter III” to “section 108)” there is substituted “ and Chapter III of that Part ”, and
(c)subsection (3)(a) is omitted.
Commencement Information
I15Sch. 3 para. 31 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
32E+W+SIn section 132 (conformity of schemes with requirements), “ the equal access requirements ” is omitted.
Commencement Information
I16Sch. 3 para. 32 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)
33E+W+SIn section 133(1) (advice of the Board), “ the equal access requirements ” is omitted.
Commencement Information
I17Sch. 3 para. 33 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)
34E+W+SIn section 134 (determination of questions)—
(a)in subsection (3), “ the equal access requirements ”, and
(b)in subsection (4), “ or the equal access requirements ” and “ or , as the case may be, section 118(1) ”,are omitted.
Commencement Information
I18Sch. 3 para. 34 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)
35E+W+SIn section 136(2)(e)(iv) (applications to modify schemes), “ or the equal access requirements ” is omitted.
Commencement Information
I19Sch. 3 para. 35 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)
36E+W+SIn section 139(2) (functions of the Board), “ the equal access requirements ” is omitted.
Commencement Information
I20Sch. 3 para. 36 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)
37E+W+SIn section 140(4) (effect of orders), paragraph (c) and the “ and ” immediately preceding it are omitted.
Commencement Information
I21Sch. 3 para. 37 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)
38E+W+SSection 144 (deficiencies in assets on winding up) is repealed.
Commencement Information
I22Sch. 3 para. 38 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
39E+W+SIn section 153 (power to modify Act)—
(a)in subsection (1), the words from “ and Chapter I ” to “ section 108) ” are omitted,
(b)subsections (3) and (4) are omitted,
(c)in subsection (5), “ Chapter I of Part VII ” is omitted, at the end of paragraph (b) there is inserted “ or ”, and paragraph (d) and the preceding “ or ” are omitted, and
(d)subsections (6) and (7) are omitted.
Commencement Information
I23Sch. 3 para. 39(a)(c)(d) in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
I24Sch. 3 para. 39(b) in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)
40E+W+SIn section 154(1) (application of provisions to personal pension schemes), after “provision of this Act” there is inserted “ or of sections 22 to 26 and 40 of the Pensions Act 1995 ”.
Commencement Information
I25Sch. 3 para. 40 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
41E+W+SIn section 159 (inalienability of certain pensions), after subsection (4) there is inserted—
“(4A)Where a person—
(a)is entitled or prospectively entitled as is mentioned in subsection (1), or
(b)is entitled to such rights or to such a payment as is mentioned in subsection (4),
no order shall be made by any court the effect of which would be that he would be restrained from receiving anything the assignment of which is or would be made void by either of those subsections.
(4B)Subsection (4A) does not prevent the making of an attachment of earnings order under the Attachment of Earnings Act 1971.”
Commencement Information
I26Sch. 3 para. 41 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
42E+W+SIn section 170 (determination of questions by Secretary of State), subsections (5) and (6) are omitted.
Commencement Information
I27Sch. 3 para. 42 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)
F1343E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Sch. 3 para. 43 repealed (1.3.2002 for specified purposes, 1.4.2002 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), Sch. 9 Pt. III(2) (with s. 83(6)); S.I. 2002/437, art. 3(1)(h)(2)
44E+W+SIn section 181 (general interpretation)—
(a)in subsection (1)—
(i)the definition of “ equal access requirements ” is omitted, and
F14(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in subsection (2), for the words from “160” to “requirements” there is substituted “ and 160 ”.
Textual Amendments
F14Sch. 3 para. 44(a)(ii) repealed (6.4.2006) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13; S.I. 2006/560, art. 2(3), Sch. Pt. 3
Commencement Information
I28Sch. 3 para. 44 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
I29Sch. 3 para. 44(a)(i) in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)
I30Sch. 3 para. 44(a)(ii) in force at 16.10.1996 for specified purposes by S.I. 1996/2637, art. 3
45E+W+SIn section 183 (sub-delegation), in subsection (3)—
F15(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the words from “or, in the case of” to “determined” are omitted, and
(c)the words following paragraph (b) are omitted.
Textual Amendments
F15Sch. 3 para. 45(a) repealed (1.12.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 13 Pt. III; S.I. 2000/1047, art. 2(2)(d), Sch. Pt. 4
Commencement Information
I31Sch. 3 para. 45 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
46E+W+SIn section 185(1) (consultation about regulations), “ I or ” is omitted.
Commencement Information
I32Sch. 3 para. 46 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3
47E+W+SIn Schedule 7 (re-enactment or amendment of certain provisions not in force), paragraphs 1 and 3 are omitted.
Commencement Information
I33Sch. 3 para. 47 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)
Section 126.
Extent Information
E2The amendment by this Act of an enactment which extends to Northern Ireland extends also to Northern Ireland see s. 178(1)(2)(3).
Textual Amendments
F16Sch. 4 heading substituted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 3
1E+W+SThe following rules apply for the purposes of the enactments relating to social security, that is, the following Acts and the instruments made, or having effect as if made, under them: the M1Social Security Contributions and Benefits Act 1992, the M2Social Security Administration Act 1992 [F17, the Pension Schemes Act 1993 (c. 48) [F18, the State Pension Credit Act 2002 and Part 1 of the Welfare Reform Act 2007]].
Textual Amendments
F17Words in Sch. 4 para. 1 substituted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 39; S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)
F18Words in Sch. 4 para. 1 substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 13; S.I. 2008/787, art. 2(4)(f)
Marginal Citations
A man [F19born before [F206th December 1953]] attains pensionable age when he attains the age of 65 years.
A woman born before 6th April 1950 attains pensionable age when she attains the age of 60.
A woman born on any day in a period mentioned in column 1 of [F21table 1] attains pensionable age at the commencement of the day shown against that period in column 2.
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Period within which woman’s birthday falls | (2) Day pensionable age attained |
---|---|
6th April 1950 to 5th May 1950 | 6th May 2010 |
6th May 1950 to 5th June 1950 | 6th July 2010 |
6th June 1950 to 5th July 1950 | 6th September 2010 |
6th July 1950 to 5th August 1950 | 6th November 2010 |
6th August 1950 to 5th September 1950 | 6th January 2011 |
6th September 1950 to 5th October 1950 | 6th March 2011 |
6th October 1950 to 5th November 1950 | 6th May 2011 |
6th November 1950 to 5th December 1950 | 6th July 2011 |
6th December 1950 to 5th January 1951 | 6th September 2011 |
6th January 1951 to 5th February 1951 | 6th November 2011 |
6th February 1951 to 5th March 1951 | 6th January 2012 |
6th March 1951 to 5th April 1951 | 6th March 2012 |
6th April 1951 to 5th May 1951 | 6th May 2012 |
6th May 1951 to 5th June 1951 | 6th July 2012 |
6th June 1951 to 5th July 1951 | 6th September 2012 |
6th July 1951 to 5th August 1951 | 6th November 2012 |
6th August 1951 to 5th September 1951 | 6th January 2013 |
6th September 1951 to 5th October 1951 | 6th March 2013 |
6th October 1951 to 5th November 1951 | 6th May 2013 |
6th November 1951 to 5th December 1951 | 6th July 2013 |
6th December 1951 to 5th January 1952 | 6th September 2013 |
6th January 1952 to 5th February 1952 | 6th November 2013 |
6th February 1952 to 5th March 1952 | 6th January 2014 |
6th March 1952 to 5th April 1952 | 6th March 2014 |
6th April 1952 to 5th May 1952 | 6th May 2014 |
6th May 1952 to 5th June 1952 | 6th July 2014 |
6th June 1952 to 5th July 1952 | 6th September 2014 |
6th July 1952 to 5th August 1952 | 6th November 2014 |
6th August 1952 to 5th September 1952 | 6th January 2015 |
6th September 1952 to 5th October 1952 | 6th March 2015 |
6th October 1952 to 5th November 1952 | 6th May 2015 |
6th November 1952 to 5th December 1952 | 6th July 2015 |
6th December 1952 to 5th January 1953 | 6th September 2015 |
6th January 1953 to 5th February 1953 | 6th November 2015 |
6th February 1953 to 5th March 1953 | 6th January 2016 |
6th March 1953 to 5th April 1953 | 6th March 2016 |
[F246th April 1953 to 5th May 1953 | 6th July 2016] |
[F246th May 1953 to 5th June 1953 | 6th November 2016] |
[F246th June 1953 to 5th July 1953 | 6th March 2017] |
[F246th July 1953 to 5th August 1953 | 6th July 2017] |
[F246th August 1953 to 5th September 1953 | 6th November 2017] |
[F246th September 1953 to 5th October 1953 | 6th March 2018] |
[F246th October 1953 to 5th November 1953 | 6th July 2018] |
[F246th November 1953 to 5th December 1953 | 6th November 2018] |
[F25A person born on any day in a period mentioned in column 1 of table 2 attains pensionable age at the commencement of the day shown against that period in column 2.
(1) | (2) |
---|---|
Period within which birthday falls | Day pensionable age attained |
6th December 1953 to 5th January 1954 | 6th March 2019 |
6th January 1954 to 5th February 1954 | 6th May 2019 |
6th February 1954 to 5th March 1954 | 6th July 2019 |
6th March 1954 to 5th April 1954 | 6th September 2019 |
6th April 1954 to 5th May 1954 | 6th November 2019 |
6th May 1954 to 5th June 1954 | 6th January 2020 |
6th June 1954 to 5th July 1954 | 6th March 2020 |
6th July 1954 to 5th August 1954 | 6th May 2020 |
6th August 1954 to 5th September 1954 | 6th July 2020 |
6th September 1954 to 5th October 1954 | 6th September 2020] |
A person born after [F275th October 1954] but before [F286th April 1960] attains pensionable age when the person attains the age of 66.
[F29A person born on any day in a period mentioned in column 1 of table 3 attains pensionable age when the person attains the age shown against that period in column 2.
(1) | (2) |
---|---|
Period within which birthday falls | Age pensionable age attained |
6th April 1960 to 5th May 1960 | 66 years and 1 month |
6th May 1960 to 5th June 1960 | 66 years and 2 months |
6th June 1960 to 5th July 1960 | 66 years and 3 months |
6th July 1960 to 5th August 1960 | 66 years and 4 months |
6th August 1960 to 5th September 1960 | 66 years and 5 months |
6th September 1960 to 5th October 1960 | 66 years and 6 months |
6th October 1960 to 5th November 1960 | 66 years and 7 months |
6th November 1960 to 5th December 1960 | 66 years and 8 months |
6th December 1960 to 5th January 1961 | 66 years and 9 months |
6th January 1961 to 5th February 1961 | 66 years and 10 months |
6th February 1961 to 5th March 1961 | 66 years and 11 months |
For the purposes of table 3—
a person born on 31st July 1960 is to be taken to attain the age of 66 years and 4 months at the commencement of 30th November 2026;
a person born on 31st December 1960 is to be taken to attain the age of 66 years and 9 months at the commencement of 30th September 2027;
a person born on 31st January 1961 is to be taken to attain the age of 66 years and 10 months at the commencement of 30th November 2027.]
A person born after [F305th March 1961] but before 6th April 1977 attains pensionable age when the person attains the age of 67.
A person born on any day in a period mentioned in column 1 of table 4 attains pensionable age at the commencement of the day shown against that period in column 2.
(1) | (2) |
---|---|
Period within which birthday falls | Day pensionable age attained |
6th April 1977 to 5th May 1977 | 6th May 2044 |
6th May 1977 to 5th June 1977 | 6th July 2044 |
6th June 1977 to 5th July 1977 | 6th September 2044 |
6th July 1977 to 5th August 1977 | 6th November 2044 |
6th August 1977 to 5th September 1977 | 6th January 2045 |
6th September 1977 to 5th October 1977 | 6th March 2045 |
6th October 1977 to 5th November 1977 | 6th May 2045 |
6th November 1977 to 5th December 1977 | 6th July 2045 |
6th December 1977 to 5th January 1978 | 6th September 2045 |
6th January 1978 to 5th February 1978 | 6th November 2045 |
6th February 1978 to 5th March 1978 | 6th January 2046 |
6th March 1978 to 5th April 1978 | 6th March 2046 |
A person born after 5th April 1978 attains pensionable age when the person attains the age of 68.]
Textual Amendments
F19Words in Sch. 4 para. 1 rule (1) inserted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(2)
F20Words in Sch. 4 para. 1 rule (1) substituted (3.1.2012) by Pensions Act 2011 (c. 19), ss. 1(2), 38(3)(a)
F21Words in Sch. 4 para. 1 rule (3) substituted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(3)
F22Sch. 4 para. 1 rule (4) omitted (3.1.2012) by virtue of Pensions Act 2011 (c. 19), ss. 1(3), 38(3)(a)
F23Sch. 4 para. 1 table heading substituted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(5)
F24Sch. 4 para. 1 Table 1 entries substituted (3.1.2012) by virtue of Pensions Act 2011 (c. 19), ss. 1(4), 38(3)(a)
F25Sch. 4 para. 1 rules (5)-(10) inserted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(6)
F26Sch. 4 para. 1 Table 2 substituted (3.1.2012) by virtue of Pensions Act 2011 (c. 19), ss. 1(5), 38(3)(a)
F27Words in Sch. 4 para. 1 rule (6) substituted (3.1.2012) by Pensions Act 2011 (c. 19), ss. 1(6), 38(3)(a)
F28Words in Sch. 4 para. 1 rule (6) substituted (14.7.2014) by Pensions Act 2014 (c. 19), ss. 26(2), 56(3)(a)
F29Sch. 4 para. 1 rules (7)(7A) substituted for Sch. 4 para. 1 rule (7) and Table 3 (14.7.2014) by Pensions Act 2014 (c. 19), ss. 26(3), 56(3)(a)
F30Words in Sch. 4 para. 1 rule (8) substituted (14.7.2014) by Pensions Act 2014 (c. 19), ss. 26(4), 56(3)(a)
F312E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F31Sch. 4 para. 2 repealed (26.9.2007) by Pensions Act 2007 (c. 22), ss. 4(2), 27(3)(a), 30(3), Sch. 7 Pt. 2 (with s. 4(5)-(8))
3(1)For sections 49 and 50 of the M3Social Security Contributions and Benefits Act 1992 (Category B retirement pensions for women) there is substituted—E+W+S
(1)A person who—
(a)has attained pensionable age, and
(b)on attaining that age was a married person or marries after attaining that age,
shall be entitled to a Category B retirement pension by virtue of the contributions of the other party to the marriage (“the spouse”) if the following requirement is met.
(2)The requirement is that the spouse—
(a)has attained pensionable age and become entitled to a Category A retirement pension, and
(b)satisfies the conditions specified in Schedule 3, Part I, paragraph 5.
(3)During any period when the spouse is alive, a Category B retirement pension payable by virtue of this section shall be payable at the weekly rate specified in Schedule 4, Part I, paragraph 5.
(4)During any period after the spouse is dead, a Category B retirement pension payable by virtue of this section shall be payable at a weekly rate corresponding to—
(a)the weekly rate of the basic pension, plus
(b)half of the weekly rate of the additional pension,
determined in accordance with the provisions of sections 44 to 45A above as they apply in relation to a Category A retirement pension, but subject to section 46(2) above and the modification in section 48C(4) below.
(5)A person’s Category B retirement pension payable by virtue of this section shall not be payable for any period falling before the day on which the spouse’s entitlement is to be regarded as beginning for that purpose by virtue of section 5(1)(k) of the Administration Act.
(1)A person (“the pensioner”) whose spouse died—
(a)while they were married, and
(b)after the pensioner attained pensionable age,
shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if the spouse satisfied the conditions specified in Schedule 3, Part I, paragraph 5.
(2)A Category B retirement pension payable by virtue of subsection (1) above shall be payable at a weekly rate corresponding to—
(a)the weekly rate of the basic pension, plus
(b)half of the weekly rate of the additional pension,
determined in accordance with the provisions of sections 44 to 45A above as they apply in relation to a Category A retirement pension, but subject to section 46(2) above and the modifications in subsection (3) below and section 48C(4) below.
(3)Where the spouse died under pensionable age, references in the provisions of sections 44 to 45A above as applied by subsection (2) above to the tax year in which the pensioner attained pensionable age shall be taken as references to the tax year in which the spouse died.
(4)A person who has attained pensionable age (“the pensioner”) whose spouse died before the pensioner attained that age shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse if—
(a)where the pensioner is a woman, the following condition is satisfied, and
(b)where the pensioner is a man, the following condition would have been satisfied on the assumption mentioned in subsection (7) below.
(5)The condition is that the pensioner—
(a)is entitled (or is treated by regulations as entitled) to a widow’s pension by virtue of section 38 above, and
(b)became entitled to that pension in consequence of the spouse’s death.
(6)A Category B retirement pension payable by virtue of subsection (4) above shall be payable—
(a)where the pensioner is a woman, at the same weekly rate as her widow’s pension, and
(b)where the pensioner is a man, at the same weekly rate as that of the pension to which he would have been entitled by virtue of section 38 above on the assumption mentioned in subsection (7) below.
(7)The assumption referred to in subsections (4) and (6) above is that a man is entitled to a pension by virtue of section 38 above on the same terms and conditions, and at the same rate, as a woman.
(1)Subject to the provisions of this Act, a person’s entitlement to a Category B retirement pension shall begin on the day on which the conditions of entitlement become satisfied and shall continue for life.
(2)In any case where—
(a)a person would, apart from section 43(1) above, be entitled both to a Category A and to a Category B retirement pension, and
(b)section 47(1) above would apply for the increase of the Category A retirement pension,
section 47(1) above shall be taken as applying also for the increase of the Category B retirement pension, subject to reduction or extinguishment of the increase by the application of section 47(2) above or section 46(5) of the Pensions Act.
(3)In the case of a pensioner whose spouse died on or before 5th April 2000, sections 48A(4)(b) and 48B(2)(b) above shall have effect with the omission of the words “half of”.
(4)In the application of the provisions of sections 44 to 45A above by virtue of sections 48A(4) or 48B(2) above, references in those provisions to the pensioner shall be taken as references to the spouse”.
(2)Section 48A of that Act (as inserted by this paragraph) does not confer a right to a Category B retirement pension on a man by reason of his marriage to a woman who was born before 6th April 1950.
(3)Section 48B of that Act (as inserted by this paragraph) does not confer a right to a Category B retirement pension on a man who attains pensionable age before 6th April 2010; and section 51 of that Act does not confer a right to a Category B retirement pension on a man who attains pensionable age on or after that date.
4(1)In paragraph 5 of Schedule 3 to the M4Social Security Contributions and Benefits Act 1992 (contribution conditions for entitlement to retirement pension), in sub-paragraph (7)(a) (condition that contributor must have paid or been credited with contributions of the relevant class for not less than the requisite number of years modified in the case of those precluded from regular employment by responsibilities at home), “ (or at least 20 of them, if that is less than half) ” is omitted.E+W+S
(2)This paragraph shall have effect in relation to any person attaining pensionable age on or after 6th April 2010.
5E+W+SIn section 46(2) of the M5Social Security Contributions and Benefits Act 1992 (benefits calculated by reference to Category A retirement pension), for the words following “45(4)(b) above-” there is substituted— “”N ”=
(a)the number of tax years which begin after 5th April 1978 and end before the date when the entitlement to the additional pension commences, or
(b)the number of tax years in the period—
(i)beginning with the tax year in which the deceased spouse (“S”) attained the age of 16 or if later 1978-79, and
(ii)ending immediately before the tax year in which S would have attained pensionable age if S had not died earlier,
whichever is the smaller number”.
6(1)In section 54(1) of the Social Security Contributions and Benefits Act 1992 (election to defer right to pension), in paragraph (a), the words from “but” to “70” are omitted.E+W+S
(2)In Schedule 5 to that Act—
(a)in paragraph 2(2), the definition of “period of enhancement” (and the preceding “and”) are omitted, and
(b)for “period of enhancement” (in every other place in paragraphs 2 and 3 where it appears) there is substituted “ period of deferment ”.
(3)In paragraph 2(3) of that Schedule, for “1/7th per cent.” there is substituted “ 1/5th per cent. ”
(4)In paragraph 8 of that Schedule, sub-paragraphs (1) and (2) are omitted.
[F32(5)The preceding sub-paragraphs shall come into force as follows—
(a)sub-paragraphs (1) and (4) shall come into force on 6th April 2005;
(b)sub-paragraphs (2) and (3) shall have effect in relation to incremental periods (within the meaning of Schedule 5 to the Social Security Contributions and Benefits Act 1992 (c. 4)) beginning on or after that date.]
Textual Amendments
F32Sch. 4 para. 6(5) substituted (18.11.2004) by Pensions Act 2004 (c. 35), ss. 297(3), 322(2)(c)(ii)
7E+W+SIn section 62(1) of the M6Social Security Contributions and Benefits Act 1992 (graduated retirement benefit continued in force by regulations)—
(a)in paragraph (a), for “replacing section 36(4) of the National Insurance Act 1965” there is substituted “ amending section 36(2) of the National Insurance Act 1965 (value of unit of graduated contributions) so that the value is the same for women as it is for men and for replacing section 36(4) of that Act ”, and
(b)at the end of paragraph (b) there is added “ and for that section (except subsection (5)) so to apply as it applies to women and their late husbands ”.
8E+W+SIn section 149(4) of that Act (Christmas bonus: supplementary), for “70 in the case of a man or 65 in the case of a woman” there is substituted “ 65 ”.
9E+W+SIn section 50 of the M7London Regional Transport Act 1984 (travel concessions), for subsection (7)(a) there is substituted—
“(a)persons who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995)”.
Marginal Citations
10E+W+SIn section 93 of the M8Transport Act 1985 (travel concessions), for subsection (7)(a) there is substituted—
“(a)persons who have attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995)”.
Marginal Citations
11E+W+SIn section 73B(2)(b)(ii) of the M9Housing (Scotland) Act 1987 (rent loan scheme), for “of the Social Security Act 1975” there is substituted “ given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995) ”.
Marginal Citations
12E+W+SIn the M10Income and Corporation Taxes Act 1988—
(a)in section 187(2) (interpretation), the definition of “pensionable age” is omitted,
(b)in the words following paragraph (d) of paragraph 2 of Schedule 10 (retention of shares in connection with profit sharing schemes), for “to pensionable age” there is substituted “ in the case of a man, to the age of 65, and in the case of a woman, to the age of 60 ”.
(c)in sub-paragraph (2) of paragraph 3A of that Schedule, for “pensionable age” there is substituted—
“(a)in the case of a man, 65, and
(b)in the case of a woman, 60.”, and
(d)in sub-paragraph (4) of that paragraph, for “pensionable age” there is substituted “ in the case of a man, 65, and in the case of a woman, 60. ”
13E+W+SIn the M11Social Security Contributions and Benefits Act 1992—
(a)in section 122(1) (interpretation of Parts I to VI), for the definition of “pensionable age” there is substituted—
““pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995”, and
(b)in section 150(2) (interpretation of Part X), for the definition of “pensionable age” there is substituted—
““pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995”.
14E+W+SIn section 191 of the M12Social Security Administration Act 1992 (interpretation), for the definition of “pensionable age” there is substituted—
““pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995”.
15E+W+SIn section 58 of the M13Trade Union and Labour Relations (Consolidation) Act 1992 (exemption from requirement for election), in subsection (3)(b), for the words following “pensionable age” there is substituted “ (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995) ”.
Marginal Citations
16E+W+SFor section 49 of the M14Pension Schemes Act 1993 (married women and widows), including the cross heading preceding it, there is substituted—
The Secretary of State may make regulations modifying, in such manner as he thinks proper—
(a)this Chapter in its application to women born on or after 6th April 1950, and
(b)sections 41, 42, 46(1), 47(2) and (5) and 48, in their application to women who are or have been married”.
Marginal Citations
17E+W+SIn section 181(1) of that Act (interpretation), for the definition of “pensionable age” there is substituted—
““pensionable age”—
(a)so far as any provisions (other than sections 46 to 48) relate to guaranteed minimum pensions, means the age of 65 in the case of a man and the age of 60 in the case of a woman, and
(b)in any other case, has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995”.
F3318E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F33Sch. 4 para. 18 repealed (26.9.2007) by Pensions Act 2007 (c. 22), s. 27(3)(a), Sch. 7 Pt. 2 (with s. 4(5))
F3419E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F34Sch. 4 para. 19 repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(3)(a)(4)(b), Sch. 7 Pt. 2 (with s. 4(5))
F3520E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35Sch. 4 para. 20 repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(3)(a)(4)(b), Sch. 7 Pt. 2 (with s. 4(5))
21(1)In section 20(1)(f) of the M15Social Security Contributions and Benefits Act 1992 (general description of benefits), for sub-paragraph (ii) there is substituted—E+W+S
“(ii)Category B, payable to a person by virtue of the contributions of a spouse (with increase for child dependants)”.
(2)In section 25(6) of that Act, in paragraph (b), for “(for married women) under section 53(2)” there is substituted “ (for married people) under section 51A(2) ”.
(3)In section 30B of that Act (incapacity benefit), in paragraph (a) of the proviso to subsection (3), for “(for married women) under section 53(2)” there is substituted “ (for married people) under section 51A(2) ”.
(4)In section 41(5)(a) of that Act (long-term incapacity benefit for widowers), for “section 51 below” there is substituted “ the contributions of his wife ”.
(5)In section 46(2) of that Act (calculation of additional pension in certain benefits), for “50(3)” there is substituted “ 48A(4) or 48B(2) ”.
(6)After section 51 of that Act there is inserted—
(1)This section has effect where, apart from section 43(1) above, a married person would be entitled both—
(a)to a Category A retirement pension, and
(b)to a Category B retirement pension by virtue of the contributions of the other party to the marriage.
(2)If by reason of a deficiency of contributions the basic pension in the Category A retirement pension falls short of the weekly rate specified in Schedule 4, Part I, paragraph 5, that basic pension shall be increased by the lesser of—
(a)the amount of the shortfall, or
(b)the amount of the weekly rate of the Category B retirement pension.
(3)This section does not apply in any case where both parties to the marriage attained pensionable age before 6th April 1979”, and section 53 of that Act (special provision for married women) is omitted.
(7)In section 52 of that Act (special provision for surviving spouses), for subsection (1)(b) there is substituted—
“(b)to a Category B retirement pension by virtue of the contributions of a spouse who has died”.
F36(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)In section 60 of that Act (complete or partial failure to satisfy contribution conditions)—
(a)in subsection (2), for “him” (in paragraph (b)) there is substituted “ the employed earner ” and for “his widow’s entitlement” there is substituted “ the entitlement of the employed earner’s widow or widower ”, and
(b)for subsection (3)(d) there is substituted—
“(d)a Category B retirement pension payable by virtue of section 48B above”.
F37(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)In Schedule 4 to that Act (rates of benefit, etc.), in paragraph 5 of Part I, for “section 50(1)(a)(i)” there is substituted “ section 48A(3) ”.
(12)In Schedule 5 to that Act (increased pension where entitlement deferred), in paragraph 2(5)(a), for “5 or 6” there is substituted “ 5, 5A or 6 ”.
F38(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15)For paragraphs 5 and 6 of that Schedule there is substituted—
“5(1)Where—
(a)a widow or widower (call that person “W”) is entitled to a Category A or Category B retirement pension and was married to the other party to the marriage (call that person “S”) when S died, and
(b)S either—
(i)was entitled to a guaranteed minimum pension with an increase under section 15(1) of the Pensions Act, or
(ii)would have been so entitled if S had retired on the date of S’s death,
the rate of W’s pension shall be increased by the following amount.
(2)The amount is—
(a)where W is a widow, an amount equal to the sum of the amounts set out in paragraph 5A(2) or (3) below (as the case may be), and
(b)where W is a widower, an amount equal to the sum of the amounts set out in paragraph 6(2), (3) or (4) below (as the case may be).
5A(1)This paragraph applies where W (referred to in paragraph 5 above) is a widow.
(2)Where the husband dies before 6th April 2000, the amounts referred to in paragraph 5(2)(a) above are the following—
(a)an amount equal to one-half of the increase mentioned in paragraph 5(1)(b) above,
(b)the appropriate amount, and
(c)an amount equal to any increase to which the husband had been entitled under paragraph 5 above.
(3)Where the husband dies after 5th April 2000, the amounts referred to in paragraph 5(2)(a) above are the following—
(a)one-half of the appropriate amount after it has been reduced by the amount of any increases under section 109 of the Pensions Act, and
(b)one-half of any increase to which the husband had been entitled under paragraph 5 above.
6(1)This paragraph applies where W (referred to in paragraph 5 above) is a widower.
(2)Where the wife dies before 6th April 1989, the amounts referred to in paragraph 5(2)(b) above are the following—
(a)an amount equal to the increase mentioned in paragraph 5(1)(b) above,
(b)the appropriate amount, and
(c)an amount equal to any increase to which the wife had been entitled under paragraph 5 above.
(3)Where the wife dies after 5th April 1989 but before 6th April 2000, the amounts referred to in paragraph 5(2)(b) above are the following—
(a)the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,
(b)one-half of that increase, so far as attributable to employment after 5th April 1988,
(c)the appropriate amount reduced by the amount of any increases under section 109 of the Pensions Act, and
(d)any increase to which the wife had been entitled under paragraph 5 above.
(4)Where the wife dies after 5th April 2000, the amounts referred to in paragraph 5(2)(b) above are the following—
(a)one-half of the increase mentioned in paragraph 5(1)(b) above, so far as attributable to employment before 6th April 1988,
(b)one-half of the appropriate amount after it has been reduced by the amount of any increases under section 109 of the Pensions Act, and
(c)one-half of any increase to which the wife had been entitled under paragraph 5 above”.
(16)Paragraph 5(1) of that Schedule (inserted by sub-paragraph (15) above) shall have effect, where W is a man who attained pensionable age before 6th April 2010, as if paragraph (a) also required him to have been over pensionable age when S died.
(17)In paragraph 7 of that Schedule—
(a)in sub-paragraph (1), for “paragraphs 5 and 6” there is substituted “ paragraphs 5 to 6 ”, and
(b)in sub-paragraph (2), for “paragraph 5 or 6” there is substituted “ paragraph 5, 5A or 6 ”.
F40(18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F36Sch. 4 para. 21(8) repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(4)(a), Sch. 7 Pt. 1
F37Sch. 4 para. 21(10) repealed (26.9.2007) by Pensions Act 2007 (c. 22), s. 27(3)(a), Sch. 7 Pt. 2 (with s. 4(5))
F38Sch. 4 para. 21(13) repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13; S.I. 2005/275, art. 2(7), Sch. Pt. 7
F39Sch. 4 para. 21(14) repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(4), Sch. 13
F40Sch. 4 para. 21(18) repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(4)(a), Sch. 7 Pt. 1
Marginal Citations
22U.K.In section 46 of the M16Pension Schemes Act 1993 (effect of entitlement to guaranteed minimum pension on payment of benefits), in subsection (6)(b)(iii), for “section 49” there is substituted “ section 48A or 48B ”.
Marginal Citations
Section 151.
Extent Information
E3 The amendment by this Act of an enactment which extends to Northern Ireland extends also to Northern Ireland see s.178(1)(2)(3).
1U.K.In Schedule 1 to the Public Records Act 1958 (definition of “Public Record”), in the Table—
(a)in Part I, the entry relating to the Occupational Pensions Board is omitted, and
(b)in Part II—
(i)after the entry relating to the Nature Conservancy Council for England, there is inserted—
“Occupational Pensions Regulatory Authority.”, and
(ii)after the entry relating to the Office of the Director General of Fair Trading, there is inserted—
“Pensions Compensation Board.”
Commencement Information
I34Sch. 5 para. 1 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
2U.K.In Schedule 4 to the Administration of Justice Act 1970 (taxes, social insurance contributions, etc. subject to special enforcement provisions), in paragraph 3, for “State scheme premiums” there is substituted “ Contributions equivalent premiums ”.
Commencement Information
I35Sch. 5 para. 2 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
3U.K.In Schedule 2 to the Attachment of Earnings Act 1971 (taxes, social security contributions, etc. relevant for purposes of section 3(6)), in paragraph 3, for “State scheme premiums” there is substituted “ Contributions equivalent premiums ”.
Commencement Information
I36Sch. 5 para. 3 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
4U.K.In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), the entry relating to the Occupational Pensions Board is omitted.
Commencement Information
I37Sch. 5 para. 4 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
5U.K.In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), the entry relating to the Occupational Pensions Board is omitted.
Commencement Information
I38Sch. 5 para. 5 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
6(1)In section 61 of the Social Security Pensions Act 1975 (consultation about regulations) for the words from “refer the proposals” in subsection (2) to the end of subsection (3) there is substituted “ consult such persons as he may consider appropriate ”.U.K.
(2)In section 61B(1) of that Act (orders and regulations: general provisions), “ except any power of the Occupational Pensions Board to make orders ” is omitted.
(3)In section 64(3) of that Act (expenses and receipts), for “state scheme premium” there is substituted “ contributions equivalent premium ”.
Commencement Information
I39Sch. 5 para. 6 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
7U.K.In section 6(4) of the European Parliament (Pay and Pensions) Act 1979 (provision for payment of block transfer value into another pension scheme), “ and the Occupational Pensions Board ” is omitted.
Commencement Information
I40Sch. 5 para. 7 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
F418U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F41Sch. 5 para. 8 repealed (19.6.1997) by Justices of the Peace Act 1997 (c. 25), s. 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)
9U.K.In section 14A(2) of the Judicial Pensions Act 1981 (modifications of that Act in relation to personal pensions), in the definition of “personal pension scheme”, for the words from “by” to the end there is substituted “ in accordance with section 7 of the Pension Schemes Act 1993; ”.
Commencement Information
I41Sch. 5 para. 9 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
10U.K.In the Table in paragraph 3(1) of Schedule 2B to the Insurance Companies Act 1982 (restriction on disclosure of information), the entry relating to the Occupational Pensions Board is omitted.
Commencement Information
I42Sch. 5 para. 10 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
F4211U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4312E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F43Sch. 5 para. 12 repealed (6.4.2006) by Finance Act 2004 (c. 12), Sch. 42 Pt. 3 (with Sch. 36)
13(1)Section 29(7) of the Social Security Act 1989 (regulations and orders) is omitted.U.K.
(2)In Schedule 5 to that Act (equal treatment in employment related schemes for pensions etc.), paragraph 4 is omitted.
Commencement Information
I43Sch. 5 para. 13 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
14U.K.In Schedule 1 to the Social Security Contributions and Benefits Act 1992 (supplementary provisions), in paragraph 8(1)(g), for “state scheme premium” there is substituted “ contributions equivalent premium ”.
Commencement Information
I44Sch. 5 para. 14 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
15(1)The Social Security Administration Act 1992 is amended as follows.U.K.
F44(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In section 120 (proof of previous offences), in subsections (3) and (4), for “state scheme premiums” there is substituted “ contributions equivalent premiums ”.
(4)In Schedule 4 (persons employed in social security administration etc.), the entries in Part I relating to the Occupational Pensions Board are omitted.
Textual Amendments
F44Sch. 5 para. 15(2) repealed (2.4.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), Sch. 9 Pt. VI (with s. 83(6)); S.I. 2001/1252, art. 2(1)(e)
Commencement Information
I45Sch. 5 para. 15 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
16(1)The Tribunals and Inquiries Act 1992 is amended as follows.U.K.
(2)In section 7(2) (concurrence needed for removal of members of certain tribunals), “ (d) or ” is omitted.
(3)In section 10(5) (reasons to be given for decisions of tribunals and Ministers), paragraph (c) is omitted.
(4)In section 13(5)(a) (power to amend), “ and (d) ” is omitted.
(5)In section 14 (restricted application of Act in relation to certain tribunals), subsection (2) is omitted.
(6)In Schedule 1 (Tribunals under the direct supervision of the Council on Tribunals), paragraph 35(d) is omitted.
Commencement Information
I46Sch. 5 para. 16 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
17U.K.In section 13(9) of the Judicial Pensions and Retirement Act 1993 (election for personal pension), in the definition of “personal pension scheme”, “ by the Occupational Pensions Board ” is omitted.
Commencement Information
I47Sch. 5 para. 17 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
18E+W+SThe Pension Schemes Act 1993 is amended as follows.
Commencement Information
I48Sch. 5 para. 18 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
19E+W+SSections 2 to 5 (constitution, membership etc.
of the Board) are repealed.
Commencement Information
I49Sch. 5 para. 19 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
F4520E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F45Sch. 5 para. 20 repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13; S.I. 2005/695, art. 2(7), Sch. 1
21E+W+SIn the provisions listed in the first column of the table—
(a)in each place where the word appears, for “Board” there is substituted “ Secretary of State ”, and
(b)the additional amendments listed in the second column of the table in relation to those provisions shall have effect.
Textual Amendments
F46Words in Sch. 5 para. 21 repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 10 Pt. I; S.I. 1999/527, art. 2(b), Sch. 2
Commencement Information
I50Sch. 5 para. 21 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
I51Sch. 5 para. 21 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
F4722E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F47Sch. 5 para. 22 repealed (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 10 Pt. I; S.I. 1999/527, art. 2(b), Sch. 2
23E+W+SIn section 8 (definition of terms)—
(a)in subsection (2), for the words following the definition of “minimum payment” there is substituted— “ and for the purposes of this subsection “rebate percentage” means the appropriate flat rate percentage for the purposes of section 42A(2) ”, and
(b)subsection (5) is omitted
Commencement Information
I52Sch. 5 para. 23 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
F4824E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F48Sch. 5 para. 24 repealed (6.4.2012 being "the abolition date" for the purposes of s. 15(1) of the amending Act) by Pensions Act 2007 (c. 22), s. 27(6), Sch. 7 Pt. 6 (with Sch. 4 Pt. 3); S.I. 2011/1267, art. 2(a)
25E+W+SIn section 10 (protected rights), in subsection (2)(a), after “minimum payments” there is inserted “ and payments under section 42A(3) ”.
Commencement Information
I53Sch. 5 para. 25 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
26E+W+SIn section 13 (minimum pensions for earners), in subsection (2)(a), the words from “and does” to the end are omitted.
Commencement Information
I54Sch. 5 para. 26 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
27E+W+SIn section 14 (earner’s guaranteed minimum)—
(a)subsection (3) is omitted,
(b)in subsection (8) after “1978-79” there is inserted “ or later than the tax year ending immediately before the principal appointed day ”.
Commencement Information
I55Sch. 5 para. 27 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
28E+W+SIn section 16 (revaluation of earnings factors)—
(a)in subsection (3), for the words following “at least” there is substituted “ the prescribed percentage for each relevant year after the last service tax year; and the provisions included by virtue of this subsection may also conform with such additional requirements as may be prescribed ”, and
(b)for the definition of “final relevant year” in subsection (5) there is substituted—
““final relevant year” means the last tax year in the earner’s working life”.
Commencement Information
I56Sch. 5 para. 28 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 (with art. 3)
I57Sch. 5 para. 28(a) in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
29E+W+SIn section 17 (minimum pensions for widows and widowers), at the end of subsection (7) there is added “ or widows ”.
Commencement Information
I58Sch. 5 para. 29 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
30E+W+SSection 22 (financing of benefits) is repealed.
Commencement Information
I59Sch. 5 para. 30 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
31E+W+SIn section 23 (securing of benefits)–
(a)subsections (1) and (5) are omitted,
(b)in subsection (4), for “(1) to (3)” there is substituted “ (2) and (3) ”;
and subsections (2) and (3) of that section do not apply where the winding up is begun on or after the principal appointed day [F49and for the purposes of this paragraph the time when a scheme begins to be wound up shall be determined in accordance with regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations 1996].
Textual Amendments
F49Words in Sch. 5 para. 31 inserted (6.3.1997) by The Pensions Act 1995 (Commencement No. 10) Order 1997 (S.I. 1997/664), art. 11(2)
Commencement Information
I60Sch. 5 para. 31 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 (with art. 11(2))
32E+W+SSection 24 (sufficiency of resources) is repealed.
Commencement Information
I61Sch. 5 para. 32 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
33E+W+SIn section 25 (conditions as to investments, etc.)—
(a)subsections (1) and (3) are repealed, and
(b)for subsection (2) there is substituted—
“(2)A salary related contracted-out scheme must, in relation to any earner’s service before the principal appointed day, comply with any requirements prescribed for the purpose of securing that—
(a)the Secretary of State is kept informed about any matters affecting the security of the minimum pensions guaranteed under the scheme, and
(b)the resources of the scheme are brought to and are maintained at a level satisfactory to the Secretary of State”.
Commencement Information
I62Sch. 5 para. 33 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
I63Sch. 5 para. 33(b) in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
F5034E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F50Sch. 5 para. 34 repealed (6.4.2012 being "the abolition date" for the purposes of s. 15(1) of the amending Act) by Pensions Act 2007 (c. 22), s. 27(6), Sch. 7 Pt. 6 (with Sch. 4 Pt. 3); S.I. 2011/1267, art. 2(a)
F5135E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F51Sch. 5 para. 35 repealed (6.4.2012 being "the abolition date" for the purposes of s. 15(1) of the amending Act) by Pensions Act 2007 (c. 22), s. 27(6), Sch. 7 Pt. 6 (with Sch. 4 Pt. 3); S.I. 2011/1267, art. 2(a)
36E+W+SIn section 31 (investment and resources of schemes)—
(a)subsection (1) is omitted,
(b)in subsection (3)(a), after “minimum payments” there is inserted “ and payments under section 42A(3) ”, and
(c)at the end of that section there is added—
“(5)Any minimum contributions required by reason of this section to be applied so as to provide money purchase benefits for or in respect of a member of a scheme must be so applied in the prescribed manner and within the prescribed period”.
Commencement Information
I64Sch. 5 para. 36 in force at 1.6.1996 for specified purposes by S.I. 1996/1412, art. 2(2), Sch. Pt. II
I65Sch. 5 para. 36 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
37E+W+SIn section 34 (cancellation, etc. of certificates)—
F52(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)subsection (6) is omitted, and
(c)for subsection (7) there is substituted—
“(7)Without prejudice to the previous provisions of this section, failure of a scheme to comply with any requirements prescribed by virtue of section 25(2) shall be a ground on which the Secretary of State may, in respect of any employment to which the scheme relates, cancel a contracting-out certificate”.
Textual Amendments
F52Sch. 5 para. 37(a) repealed (6.4.2012 being "the abolition date" for the purposes of s. 15(1) of the amending Act) by Pensions Act 2007 (c. 22), s. 27(6), Sch. 7 Pt. 6 (with Sch. 4 Pt. 3); S.I. 2011/1267, art. 2(a)
Commencement Information
I66Sch. 5 para. 37 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
I67Sch. 5 para. 37 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
38E+W+SSections 35 (surrender, etc.
issue of further certificates) and 36 (surrender etc. cancellation of further certificates) are repealed.
39E+W+SFor section 37 (alteration of rules of contracted-out schemes) there is substituted—
(1)Except in prescribed circumstances, the rules of a contracted-out scheme cannot be altered unless the alteration is of a prescribed description.
(2)Regulations made by virtue of subsection (1) may operate so as to validate with retrospective effect any alteration of the rules which would otherwise be void under this section.
(3)References in this section to a contracted-out scheme include a scheme which has ceased to be contracted-out so long as any person is entitled to receive, or has accrued rights to, any benefits under the scheme attributable to a period when the scheme was contracted-out.
(4)The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person so entitled by virtue of being the widower of an earner only in such cases as may be prescribed.”
Commencement Information
I68Sch. 5 para. 39 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
I69Sch. 5 para. 39 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
40E+W+SIn section 38 (alteration of rules of appropriate schemes)—
(a)in subsection (1), the words from “unless” to the end are omitted,
(b)in subsection (3), the words from “if” to the end are omitted,
(c)in subsection (4), for the words from the beginning to “direct” there is substituted “ Regulations made by virtue of subsection (2) may ”, and
(d)subsection (7) is omitted.
Commencement Information
I70Sch. 5 para. 40 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
41E+W+SIn section 42 (review of reduced rates of contributions), in subsection (3), for “41(1)(a)” there is substituted “ 41(1A)(a) ”.
Commencement Information
I71Sch. 5 para. 41 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
42E+W+SIn section 43 (payment of minimum contributions), in subsection (1), after “circumstances” there is inserted “ or in respect of such periods ”.
Commencement Information
I72Sch. 5 para. 42 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
43E+W+SIn section 45 (minimum contributions towards personal pension schemes), subsection (3)(d) is omitted.
Commencement Information
I73Sch. 5 para. 43 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
44E+W+SIn section 46(1) (effect of entitlement to guaranteed minimum pensions on payment of social security benefits), for sub-paragraph (i) there is substituted—
“(i)to that part of its additional pension which is attributable to earnings factors for any tax years ending before the principal appointed day”.
Commencement Information
I74Sch. 5 para. 44 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
45E+W+SIn section 50 (powers to approve arrangements for scheme ceasing to be certified)—
(a)in subsection (1)(a)—
(i)at the end of sub-paragraph (i) there is inserted “ or accrued rights to pensions under the scheme attributable to their service on or after the principal appointed day ”, and
(ii)in sub-paragraph (ii), for “guaranteed minimum pensions under the scheme” there is substituted “ such pensions ”,
(b)after subsection (1) there is inserted—
“(1A)The power of the Secretary of State to approve arrangements under this section—
(a)includes power to approve arrangements subject to conditions, and
(b)may be exercised either generally or in relation to a particular scheme.
(1B)Arrangements may not be approved under this section unless any prescribed conditions are met”, and
(c)subsection (7) is omitted.
Commencement Information
I75Sch. 5 para. 45 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 (with art. 4(1))
I76Sch. 5 para. 45(b) in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
46E+W+SIn section 51 (calculation of GMPs preserved under approved arrangements), in subsection (1)(a), for “are subject to approved arrangements” there is substituted “ satisfy prescribed conditions ”.
Commencement Information
I77Sch. 5 para. 46 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
I78Sch. 5 para. 46 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
47E+W+SIn section 52 (supervision of schemes which have ceased to be certified)—
(a)in subsection (2), for paragraphs (a) and (b) there is substituted—
“(a)the scheme has ceased to be a contracted-out scheme, and
(b)any persons remain who fall within any of the following categories.
(2A)Those categories are—
(a)any persons entitled to receive, or having accrued rights to—
(i)guaranteed minimum pensions, or
(ii)pensions under the scheme attributable to service on or after the principal appointed day but before the scheme ceased to be contracted-out,
(b)any persons who have protected rights under the scheme or are entitled to any benefit giving effect to protected rights under it”,
(b)in subsection (3), for paragraphs (a) and (b) there is substituted—
“(a)the scheme has ceased to be an appropriate scheme, and
(b)any persons remain who have protected rights under the scheme or are entitled to any benefit giving effect to protected rights under it”, and
(c)subsections (4) to (6) are omitted.
Commencement Information
I79Sch. 5 para. 47 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
48E+W+SIn section 53 (supervision: former contracted-out schemes)—
(a)for subsection (1) there is substituted—
“(1)The Secretary of State may direct the trustees or managers of the scheme, or the employer, to take or refrain from taking such steps as the Secretary of State may specify in writing; and such a direction shall be final and binding on the person directed and any person claiming under him.
(1A)An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them.
(1B)A direction under subsection (1) shall be enforceable—
(a)in England and Wales, in a county court as if it were an order of that court, and
(b)in Scotland, by the sheriff, as if it were an order of the sheriff and whether or not the sheriff could himself have given such an order”,
(b)subsection (2) is omitted,
(c)for subsection (3) there is substituted—
“(3)If a certificate has been issued under subsection (2) of section 50 and has not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 52(2A)(a) or (b) must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the Secretary of State may allow”, and
(d)subsections (4) and (5) are omitted.
Commencement Information
I80Sch. 5 para. 48 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
I81Sch. 5 para. 48(c) in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
49E+W+SIn section 54 (supervision: former appropriate personal pension schemes)—
(a)for subsections (1) and (2) there is substituted—
“(1)The Secretary of State may direct the trustees or managers of the scheme to take or refrain from taking such steps as the Secretary of State may specify in writing; and such a direction shall be final and binding on the person directed and any person claiming under him.
(1A)An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them.
(1B)A direction under subsection (1) shall be enforceable—
(a)in England and Wales, in a county court as if it were an order of that court, and
(b)in Scotland, by the sheriff, as if it were an order of the sheriff and whether or not the sheriff could himself have given such an order.
(2)If a certificate has been issued under subsection (2) of section 50 and has not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 52(3)(b) must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the Secretary of State may allow”, and
(b)subsection (3) is omitted.
Commencement Information
I82Sch. 5 para. 49 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
I83Sch. 5 para. 49(a) in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
50E+W+SIn section 55 (state scheme premiums), subsections (1) and (3) to (6) are omitted.
Commencement Information
I84Sch. 5 para. 50 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 (with art. 4(2))
51E+W+SIn section 56 (provisions supplementary to section 55)—
(a)subsection (1), in subsection (2) the words following “the prescribed period” and subsection (3) are omitted, and
(b)for subsections (5) and (6) there is substituted—
“(5)The references in section 55(2A) to an accrued right to short service benefit include an accrued right to any provision which, under the preservation requirements, is permitted as an alternative to short service benefit (other than provision for return of contributions or for benefit in the form of a lump sum).
(6)Subject to regulations under paragraph 1 of Schedule 2, service in any employment which ceases with the death of the employer shall be treated for the purposes of section 55(2A) as ceasing immediately before the death”.
Commencement Information
I85Sch. 5 para. 51 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 (with art. 4(2))
52E+W+SIn section 58 (amount of premiums under section 55), subsections (1) to (3), (5) and (6) are omitted.
Commencement Information
I86Sch. 5 para. 52 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 (with art. 4(2))
53E+W+SSection 59 (alternative basis for revaluation) is repealed.
Commencement Information
I87Sch. 5 para. 53 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 (with art. 4(2))
54E+W+SIn section 60 (effect of payment of premiums on rights)—
(a)subsections (1) to (3) are omitted,
(b)in subsection (4)—
(i)for “55(2)(i)” there is substituted “ 55(2A)(a) and (b), (d) and (e) ”, and
(ii)at the end there is added “ or (in relation to service on or after the principal appointed day) rights to pensions under the scheme so far as attributable to the amount of the premium ”, and
(c)in subsection (5), for “55(2)(ii)” there is substituted “ 55(2A)(c) ”, and after “widow” there is added “ or widower ”, and
(d)subsections (6) to (10) are omitted.
Commencement Information
I88Sch. 5 para. 54 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 (with art. 4(2))
55E+W+SIn section 61 (deduction of contributions equivalent premium from refund of scheme contributions)—
(a)in subsection (1), for paragraph (a) there is substituted—
“(a)an earner’s service in contracted-out employment ceases or his employment ceases to be contracted-out employment, and”,
(b)in subsection (8)—
(i)for paragraph (a) there is substituted—
“(a)an earner’s service in contracted-out employment ceases or his employment ceases to be contracted-out employment”, and
(ii)for “termination” there is substituted “ cessation ”, and
(c)in subsection (9), for “termination” (in both places) there is substituted “ cessation ”.
Commencement Information
I89Sch. 5 para. 55 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 (with art. 4(2))
56E+W+SIn section 62 (no recovery of premiums from earners)—
(a)in subsection (1), for “state scheme” there is substituted “ contributions equivalent ”, and
(b)subsection (2) is omitted.
Commencement Information
I90Sch. 5 para. 56 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 (with art. 4(2))
57E+W+SIn section 63 (further provisions concerning calculations relating to premiums)—
(a)in subsection (1)—
(i)paragraph (a) is omitted,
F53(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)paragraph (c) is omitted,
(b)subsection (2) is omitted,
(c)in subsection (3)—
(i)paragraph (a) is omitted,
(ii)in paragraph (b), for “subsection (4) of that section” there is substituted “ section 58(4) ”, and
(iii)the words following sub-paragraph (ii) are omitted, and
(d)subsection (4) is omitted.
Textual Amendments
F53Sch. 5 para. 57(a)(ii) repealed (1.12.2000) by Child Support, Pensions and Social Security Act 2000 (c. 19), Sch. 9 Pt. III(6) (with s. 83(6)); S.I. 2000/3166, art. 2(3)(c)
Commencement Information
I91Sch. 5 para. 57 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 (with art. 4(2))
58E+W+SSection 64 (actuarial tables) is repealed.
Commencement Information
I92Sch. 5 para. 58 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 (with art. 4(2))
59E+W+SSection 65 (former and future earners) is repealed.
Commencement Information
I93Sch. 5 para. 59 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 (with art. 4(2))
60E+W+SSection 66 (widowers) is repealed.
Commencement Information
I94Sch. 5 para. 60 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 (with art. 4(2))
61E+W+SIn sections 67 and 68 (non-payment of state scheme premiums), for “state scheme premium” (in each place) there is substituted “ contributions equivalent premium ”.
Commencement Information
I95Sch. 5 para. 61 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 (with art. 4(2))
62E+W+SIn section 84(5), paragraph (b) and the preceding “or” are omitted.
Commencement Information
I96Sch. 5 para. 62 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
63E+W+SIn section 96 (right to cash equivalent: exercise of options)—
(a)in subsection (2)(a), after “guaranteed minimum pensions” there is inserted “ his accrued rights so far as attributable to service in contracted-out employment on or after the principal appointed day ”, and
(b)in subsection (3)(a), for “guaranteed minimum pensions” there is substituted “ pensions, being guaranteed minimum pensions or pensions so far as attributable to service in contracted-out employment on or after the principal appointed day ”.
Commencement Information
I97Sch. 5 para. 63 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
64E+W+SSections 133 to 135 (advice and determinations as to conformity of schemes with requirements) are repealed.
Commencement Information
I98Sch. 5 para. 64 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
65E+W+SIn section 155 (requirement to give information to the Secretary of State or the Board)—
(a)“ or the Board ” is omitted,
(b)for “or they require” there is substituted “ requires ”, and
(c)for the words from “sections 7” to “premiums” there is substituted “ Part III ”.
Commencement Information
I99Sch. 5 para. 65 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
I100Sch. 5 para. 65 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
66E+W+SIn section 158 (disclosure of information between government departments)—
(a)subsections (2) and (3) are omitted,
(b)in subsection (6), “(2) or (3)”, paragraph (d) and the “or” immediately preceding it are omitted,
(c)in subsection (7)—
(i)for “the Inland Revenue and the Board”, there is substituted “ and the Inland Revenue ”,
(ii)after paragraph (a), there is inserted “ or ”, and
(iii)paragraph (c) and the “or” immediately preceding it are omitted, and
(d)subsection (8) is omitted.
Commencement Information
I101Sch. 5 para. 66 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
67E+W+SIn section 164(1)(b)(i) (Crown employment), “2 to 5”, “172, 173” and “and Schedule 1” are omitted.
Commencement Information
I102Sch. 5 para. 67 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
68E+W+SIn section 165 (application of certain provisions to case with foreign element), in subsection (2)(a), for the words from “sections 7” to “premiums)” there is substituted “ Part III ”.
Commencement Information
I103Sch. 5 para. 68 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
69E+W+SIn section 166(5) (reciprocity with other countries), “sections 2 to 5”, “172, 173” and “and Schedule 1” are omitted.
Commencement Information
I104Sch. 5 para. 69 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
F5470E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F54Sch. 5 para. 70 repealed (29.11.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 8; S.I. 1999/3178, art. 2(1)(a), Sch. 1 (with art. 2(2), Schs. 21-23)
71E+W+SIn section 171 (questions arising in proceedings), in subsection (1)(b), for “state scheme premium” there is substituted “ contributions equivalent premium ”.
Commencement Information
I105Sch. 5 para. 71 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 (with art. 4(2))
72E+W+SSections 172 and 173 (reviews and appeals) are repealed.
Commencement Information
I106Sch. 5 para. 72 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
73E+W+SIn section 174 (grants), for “Board” (in both places) there is substituted “ Regulatory Authority ”.
Commencement Information
I107Sch. 5 para. 73 in force at 1.4.1997 in so far as not already in force by S.I. 1997/664, art. 2(3), Sch. Pt. I
74E+W+SIn section 176 (fees), for “either by the Secretary of State or by the Board on his behalf” there is substituted “ by the Secretary of State ”.
Commencement Information
I108Sch. 5 para. 74 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
75E+W+SIn section 177 (general financial arrangements)—
(a)in subsection (3)(b)—
(i)in sub-paragraph (i), “sections 2 to 5”, “172, 173” and “and Schedule 1” are omitted, and
(ii)in sub-paragraph (ii), the words from “sections 55” to “premiums)” are omitted, and
(b)subsection (7)(b) is omitted.
Commencement Information
I109Sch. 5 para. 75 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
76E+W+SIn section 178(b) (meaning of “trustee” and “manager”), “sections 2 to 5”, “172, 173” and “and Schedule 1” are omitted.
Commencement Information
I110Sch. 5 para. 76 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
77E+W+SIn section 181 (general interpretation)—
(a)in subsection (1)—
(i)the definitions of “accrued rights premium”, “the Board”, “contracted-out protected rights premium”, “limited revaluation premium”, “pensioner’s rights premium”, “personal pension protected rights premium”, “state scheme premium” and “transfer premium” are omitted, and
(ii)in the definition of “contributions equivalent premium”, for “section 55(6)(e)” there is substituted “ section 55(2) ”,
(b)in subsection (3), for “sections 2 to” there is substituted “ section ”, and “ 172, 173 ” and “ and Schedule 1 ” are omitted, and
(c)in subsection (7), “ and Schedule 1 ” is omitted.
Commencement Information
I111Sch. 5 para. 77 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
78E+W+SIn section 182(1) (orders and regulations), “ the Board or ” is omitted.
Commencement Information
I112Sch. 5 para. 78 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
79E+W+SIn section 183 (sub-delegation), in subsection (1), “sections 2 to 5”, “172, 173” and “or Schedule 1”, and subsection (2) are omitted.
Commencement Information
I113Sch. 5 para. 79 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
80E+W+SIn section 185 (consultation about regulations)—
(a)in subsection (1), for the words from the beginning to “make” there is substituted “ Subject to subsection (2), before the Secretary of State makes ”, and for the words from “refer the proposals” to the end there is substituted “ consult such persons as he may consider appropriate ”,
(b)in subsection (2), at the end of paragraph (c) there is added—
“(d)regulations in the case of which the Secretary of State considers consultation inexpedient because of urgency, or
(e)regulations which—
(i)state that they are consequential upon a specified enactment, and
(ii)are made before the end of the period of six months beginning with the coming into force of that enactment,”
(c)subsections (3) and (4) are omitted,
(d)in subsection (5), for “subsections (1) to (4)” there is substituted “ subsection (1) ”,
(e)subsection (6) is omitted, and
F55(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F55Sch. 5 para. 80(f) repealed (19.3.2001) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 13 Pt. I; S.I. 2001/933, art. 4(b)
Commencement Information
I114Sch. 5 para. 80 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
I115Sch. 5 para. 80(f) in force at 16.10.1996 for specified purposes by S.I. 1996/2637, art. 3
81E+W+SIn section 186(5) (Parliamentary control of regulations and orders), “ or section 185(4) ” is omitted.
Commencement Information
I116Sch. 5 para. 81 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
82E+W+SIn section 192(2) (extent), for “sections 1 to 5” there is substituted “ section 1 ” and “ section 172(4) and (5) ” is omitted.
Commencement Information
I117Sch. 5 para. 82 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
83E+W+SSchedule 1 (the Occupational Pensions Board) is repealed.
Commencement Information
I118Sch. 5 para. 83 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
84E+W+SIn Schedule 2 (certification regulations)—
(a)in paragraph 2(1), for “the Board” there is substituted “ the Secretary of State ”,
(b)in paragraph 4(3), for the words from “does not cease” to the end there is substituted “ which, apart from the regulations, would not be contracted-out employment is treated as contracted-out employment where any benefits provided under the scheme are attributable to a period when the scheme was contracted-out ”,
(c)in paragraph 5(1)—
(i)“ or the Board ” and “ or, as the case may be, the Board ” are omitted, and
(ii)for “65” there is substituted “ 63 ”,
(d)in paragraph 5(2), “ to 65 ” is omitted, and
(e)in paragraph 9, for sub-paragraphs (3) to (5) there is substituted—
“(2A) Sub-paragraphs (3) and (4) shall be omitted”.
Commencement Information
I119Sch. 5 para. 84 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
I120Sch. 5 para. 84 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
85E+W+SIn Schedule 4 (priority in bankruptcy), in paragraph 3(1), for “state scheme premium” there is substituted “ contributions equivalent premium ”.
Commencement Information
I121Sch. 5 para. 85 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
86E+W+SIn Schedule 6 (transitional provisions and savings), paragraph 11 is omitted.
Commencement Information
I122Sch. 5 para. 86 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
Section 177.
Extent Information
E4 Sch 6: The amendment by this Act of an enactment which extends to Northern Ireland extends also to Northern Ireland see s. 178(1)(2)(3).
1U.K.In Schedule 1 to the Public Records Act 1958 (definition of “Public Record”), in Part II of the Table, there is inserted at the appropriate place—
“Pensions Ombudsman.”
2E+W+SThe M17Pension Schemes Act 1993 is amended as follows.
Commencement Information
I123Sch. 6 para. 2 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
Marginal Citations
3E+W+SIn section 95(1) (ways of taking right to cash equivalent), for “this Chapter” there is substituted “ paragraph (a), (aa) or (b) of section 94(1) ”.
Commencement Information
I124Sch. 6 para. 3 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
4E+W+SIn section 97 (calculation of cash equivalents)—
(a)in subsection (2)(a) after “cash equivalents” there is inserted “ except guaranteed cash equivalents ”,
(b)in subsection (3)(b), for the words from “the date” to the end there is substituted “ the appropriate date ”, and
(c)after that subsection there is inserted—
“(3A)For the purposes of subsection (3), the “appropriate date”—
(a)in the case of a salary related occupational pension scheme, is the guarantee date (within the meaning of section 93A), and
(b)in any other case, is the date on which the trustees receive an application from the member under section 95.”
Commencement Information
I125Sch. 6 para. 4 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
I126Sch. 6 para. 4 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
5E+W+SIn section 98 (variation and loss of rights to cash equivalents)—
(a)in subsection (1), after “occupational pension scheme” there is inserted “ other than a salary related scheme ”,
(b)after that subsection there is inserted—
“(1A)Regulations may provide that a member of a salary related occupational pension scheme who continues in employment to which the scheme applies after his pensionable service in that employment terminates—
(a)acquires a right to only part of his guaranteed cash equivalent, or
(b)acquires no right to his guaranteed cash equivalent.”,
(c)in subsection (2), after “(1)” there is inserted “ or (1A) ”, and
(d)in subsection (3)—
(i)in paragraph (a), after “occupational pension scheme” there is inserted “ other than a salary related scheme ”, and
(ii)for paragraph (b) and the “and” immediately preceding it there is substituted— “or
(aa)by virtue of regulations under subsection (1A) or (2), a member of a salary related occupational pension scheme does not, on such a termination, acquire a right to the whole or any part of his guaranteed cash equivalent,
and his employment terminates at least one year before normal pension age ”.
Commencement Information
I127Sch. 6 para. 5 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
I128Sch. 6 para. 5 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
6E+W+SIn section 99 (trustee’s duties after exercise of an option under section 95)—
(a)in subsection (2), for paragraphs (a) and (b) there is substituted-
“(a)in the case of a member of a salary related occupational pension scheme, within 6 months of the guarantee date, or (if earlier) by the date on which the member attains normal pension age,
(b)in the case of a member of any other occupational pension scheme, within 6 months of the date on which they receive the application, or (if earlier) by the date on which the member attains normal pension age, or
(c)in the case of a member of a personal pension scheme, within 6 months of the date on which they receive the application.”,
(b)after subsection (3) there is inserted—
“(3A)In this section, “guarantee date” has the same meaning as in section 93A.”,
(c)for subsections (4) and (5) there is substituted—
“(4)The Regulatory Authority may, in prescribed circumstances, grant an extension of the period within which the trustees or managers of the scheme are obliged to do what is needed to carry out what a member of the scheme requires.
(4A)Regulations may make provision in relation to applications for extensions under subsection (4).”,
F56(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)after that subsection there is added—
“(7)Where the trustees or managers of an occupational pension scheme have not done what is needed to carry out what a member of the scheme requires within six months of the date mentioned in paragraph (a) or (b) of subsection (2)—
(a)they must, except in prescribed cases, notify the Regulatory Authority of that fact within the prescribed period, and
(b)section 10 of the Pensions Act 1995 (power of the Regulatory Authority to impose civil penalties) shall apply to any trustee or manager who has failed to take all such steps as are reasonable to ensure that it was so done.
(8)Regulations may provide that in prescribed circumstances subsection (7) shall not apply in relation to an occupational pension scheme.”
Textual Amendments
F56Sch. 6 para. 6(d) repealed (6.4.2006) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13; S.I. 2006/560, art. 2(3), Sch. Pt. 3
Commencement Information
I129Sch. 6 para. 6 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
I130Sch. 6 para. 6(c) in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
I131Sch. 6 para. 6(e) in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V
7E+W+SIn section 145 (Pensions Ombudsman), in subsection (5) “ with the approval of the Treasury ” is omitted.
Commencement Information
I132Sch. 6 para. 7 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
8E+W+SIn section 151(5)(b) (enforcement in Scotland of Pensions Ombudsman’s determinations), for the words from “Scotland,” to the end there is substituted “ in like manner as an extract registered decree arbitral bearing warrant for execution issued by the sheriff court of any sheriffdom in Scotland. ”.
Commencement Information
I133Sch. 6 para. 8 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
9E+W+S After section 158 there is inserted—
(1)The Secretary of State may, in spite of any obligation as to secrecy or confidentiality imposed by statute or otherwise on him or on persons employed in the Department of Social Security, disclose any information received by him in connection with his functions under this Act or the Pensions Act 1995 to any person specified in the first column of the following Table if he considers that the disclosure would enable or assist the person to discharge the functions specified in relation to the person in the second column of the Table.
Persons | Functions |
---|---|
The Treasury. | Functions under the Financial Services Act 1986. |
The Bank of England. | Functions under the Banking Act 1987 or any other functions. |
The Regulatory Authority. | Functions under this Act or the Pensions Act 1995, or any enactment in force in Northern Ireland corresponding to either of them. |
The Pensions Compensation Board. | Functions under the Pensions Act 1995 or any corresponding enactment in force in Northern Ireland. |
The Friendly Societies Commission. | Functions under the enactments relating to friendly societies. |
The Building Societies Commission. | Functions under the Building Societies Act 1986. |
An inspector appointed by the Secretary of State. | Functions under section 94 or 177 of the Financial Services Act 1986. |
A person authorised to exercise powers under section 106 of the Financial Services Act 1986. | Functions under that section. |
A designated agency or transferee body or the competent authority (within the meaning of the Financial Services Act 1986). | Functions under the Financial Services Act 1986. |
A recognised self-regulating organisation, recognised professional body, recognised investment exchange or recognised clearing house (within the meaning of the Financial Services Act 1986). | Functions in its capacity as an organisation, body, exchange or clearing house recognised under the Financial Services Act 1986. |
(2)The Secretary of State may by order—
(a)amend the Table in subsection (1) by—
(i)adding any person exercising regulatory functions and specifying functions in relation to that person,
(ii)removing any person for the time being specified in the Table, or
(iii)altering the functions for the time being specified in the Table in relation to any person, or
(b)restrict the circumstances in which, or impose conditions subject to which, disclosure may be made to any person for the time being specified in the Table”.
Commencement Information
I134Sch. 6 para. 9 in force at 6.4.1996 by S.I. 1996/778, art. 2(4), Sch. Pt. IV
10E+W+SIn section 164(1)(b)(i) (Crown employment), the words from “136” to “143” are omitted.
Commencement Information
I135Sch. 6 para. 10 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
11E+W+SIn section 166(5) (reciprocity with other countries), the words from “136” to “143” are omitted.
Commencement Information
I136Sch. 6 para. 11 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
12E+W+SIn section 177 (general financial arrangements), in subsection (3)(b)(i), the words from “136” to “143” are omitted.
Commencement Information
I137Sch. 6 para. 12 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
13E+W+SIn section 178 (meaning of “trustee” and “manager”), in paragraph (b), the words from “136” to “143” are omitted.
Commencement Information
I138Sch. 6 para. 13 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
14E+W+SIn section 181 (general interpretation), in subsection (3), the words from “136” to “143” are omitted.
Commencement Information
I139Sch. 6 para. 14 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
15E+W+SIn section 183 (sub-delegation)—
(a)in subsection (1), the words from “136” to “143” are omitted, and
(b)in subsection (3)(b), after “prepared” there is inserted “ and from time to time revised ”.
Commencement Information
I140Sch. 6 para. 15 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
16(1)Schedule 9 (transitory modifications) is amended as follows.E+W+S
(2)In paragraph 1—
(a)in sub-paragraph (1), sub-paragraphs (ii) to (v) are omitted,
(b)in sub-paragraph (3)(a)(i), for “provisions mentioned in paragraphs (i) to (v)” there is substituted “ provision mentioned in paragraph (i) ”, and
(c)sub-paragraph (5) is omitted.
(3)Paragraphs 3 and 4 are omitted.
Commencement Information
I141Sch. 6 para. 16 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
Section 177.
Extent Information
E5 The amendment by this Act of an enactment which extends to Northern Ireland extends also to Northern Ireland see s. 178(1)(2)(3).
Commencement Information
I142Sch. 7 Pt. I 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
Chapter | Short title | Extent of repeal |
---|---|---|
F57. . . | F57. . . | F57. . . |
1986 c. 53. | The Building Societies Act 1986. | In section 53(15), the “or” after paragraph (a). |
F57. . . | F57. . . | F57. . . |
1989 c. 24. | The Social Security Act 1989. | In Schedule 5, paragraph 14. |
1993 c. 48. | The Pension Schemes Act 1993. | Sections 77 to 80. |
Sections 102 to 108. | ||
In section 110, subsections (2) to (4). | ||
Section 112. | ||
Section 114. | ||
Section 116. | ||
Section 118. | ||
Sections 119 to 122. | ||
In section 129, in subsection (1), “Chapter I of Part V”, “sections 119 to 122”, “under Chapter I of Part V or” and “or sections 119 to 122”, and subsection (3)(a). | ||
In section 132, “the equal access requirements”. | ||
In section 133(1), “the equal access requirements”. | ||
In section 134, in subsection (3), “the equal access requirements” and, in subsection (4), “or the equal access requirements” and “or, as the case may be, section 118(1)”. | ||
In section 136(2)(e)(iv), “or the equal access requirements”. | ||
In section 139(2), “the equal access requirements”. | ||
In section 140(4), paragraph (c) and the “and” immediately preceding it. | ||
Section 144. | ||
In section 153, in subsection (1), the words from “and Chapter I” to “section 108)”, subsections (3) and (4), in subsection (5), “Chapter I of Part VII”, paragraph (d) and the preceding “or”, and subsections (6) and (7). | ||
In section 170, subsections (5) and (6). | ||
In section 178, in paragraph (a), the second “or”. | ||
In section 181(1), the definition of “equal access requirements”. | ||
In section 183, in subsection (3), the words from “or, in the case of” to “determined” and the words following paragraph (b). | ||
In section 185, in subsection (1), “I or”. | ||
In Schedule 7, paragraphs 1 and 3. | ||
In Schedule 8, paragraph 3. |
Textual Amendments
F57Words in Sch. 7 Pt. I repealed (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 149(c)
Commencement Information
I143Sch. 7 Part II in force at Royal Assent (19.7.1995) see s. 180(1)(2).
I144Sch. 7 Pt. II 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
Chapter | Short title | Extent of repeal |
---|---|---|
1988 c. 1. | The Income and Corporation Taxes Act 1988. | In section 187, in subsection (2), the definition of “pensionable age”. |
1992 c. 4. | The Social Security Contributions and Benefits Act 1992. | Section 53. |
In section 54, in subsection (1)(a), the words from “but” to “70”, and subsection (4). | ||
In Schedule 3, in paragraph 5(7)(a), “(or at least 20 of them, if that is less than half”. | ||
In Schedule 5, in paragraph 2(2), the definition of “period of enhancement” and the previous “and”, and in paragraph 8, sub-paragraphs (1) and (2). | ||
1994 c.18. | The Social Security (Incapacity for Work) Act 1994. | In Schedule 1, paragraphs 20 and 21. |
These repeals have effect in accordance with Schedule 4 to this Act.
Commencement Information
I145Sch. 7 Pt. III in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(4), Sch. Pt. IV
I146Sch. 7 Pt. III in force at 6.4.1997 for specified purposes by S.I. 1997/664, art. 2(3), Sch. Pt. 3
Chapter> | Short title | Extent of repeal |
---|---|---|
1958 c. 51. | The Public Records Act 1958. | In Schedule 1, in the Table, the entry relating to the Occupational Pensions Board. |
1975 c. 24. | The House of Commons Disqualification Act 1975. | In Part II of Schedule 1, the entry relating to the Occupational Pensions Board. |
1975 c. 25. | The Northern Ireland Assembly Disqualification Act 1975. | In Part II of Schedule 1, the entry relating to the Occupational Pensions Board. |
1975 c. 60. | The Social Security Pensions Act 1975. | In section 61B(1), “except any power of the Occupational Pensions Board to make orders”. |
1979 c. 50. | The European Parliament (Pay and Pensions) Act 1979. | In section 6(4), “and the Occupational Pensions Board”. |
F58. . . | F58. . . | F58. . . |
1989 c. 24. | The Social Security Act 1989. | Section 29(7). |
In Schedule 5, paragraph 4. | ||
1992 c. 5. | The Social Security Administration Act 1992. | In Schedule 4, the entries in Part I relating to the Occupational Pensions Board. |
1992 c. 53. | The Tribunals and Inquiries Act 1992. | In section 7(2), “(d) or”. |
In section 10(5), paragraph (c). | ||
In section 13(5)(a), “and (d)”. | ||
In section 14, subsection (2). | ||
In Schedule 1, paragraph 35(d). | ||
1993 c. 8. | The Judicial Pensions and Retirement Act 1993. | In section 13(9), in the definition of “personal pension scheme”, “by the Occupational Pensions Board”. |
1993 c. 48. | The Pension Schemes Act 1993. | Sections 2 to 5. |
In section 7(4), “by the Board”. | ||
Section 8(5). | ||
In section 9(3), “22 and”. | ||
In section 13(2)(a), the words from “and does” to the end. | ||
In section 14, subsection (3). | ||
Section 22. | ||
In section 23, subsections (1) and (5). | ||
Section 24. | ||
In section 25, subsections (1) and (3). | ||
Section 28(7). | ||
Section 31(1). | ||
Section 34(6). | ||
Sections 35 and 36. | ||
In section 38, in subsection (1), the words from “unless” to the end, in subsection (3), the words from “if” to the end, and subsection (7). | ||
In section 45, subsection (2) and, in subsection (3), paragraph (d) and, in paragraph (e), the words following “prescribed period”. | ||
In section 48(2), paragraph (b) and, in paragraph (c), “if the earner dies before reaching pensionable age”. | ||
Section 50(7). | ||
In section 52, subsections (4) to (6). | ||
In section 53, subsections (2), (4) and (5). | ||
Section 54(3). | ||
In section 55, subsection (1) and subsections (3) to (6). | ||
In section 56, subsection (1), in subsection (2), the words following “the prescribed period”, and subsection (3). | ||
In section 58, subsections (1) to (3), (5) and (6). | ||
Section 59. | ||
In section 60, subsections (1) to (3) and (6) to (10). | ||
In section 62, subsection (2). | ||
In section 63, in subsection (1), paragraphs (a) and (c), subsection (2), in subsection (3), paragraph (a) and the words following sub-paragraph (ii), and subsection (4). | ||
Sections 64 to 66. | ||
In section 84, in subsection (5), paragraph (b) and the preceding “or”. | ||
Sections 133 to 135. | ||
In section 155, “or the Board”. | ||
In section 158, subsections (2) and (3), in subsection (6), “(2) or (3)”, paragraph (d) (and the “or” immediately preceding it), in subsection (7), paragraph (c) (and the “or” immediately preceding it) and subsection (8). | ||
In section 164(1)(b)(i), “2 to 5”, “172,173” and “and Schedule 1”. | ||
In section 166(5), “sections 2 to 5”, “172, 173” and “and Schedule 1”. | ||
In section 170, in subsection (1), the “and” at the end of paragraph (c) and subsections (3) and (4). | ||
Sections 172 and 173. | ||
In section 177, in subsection 3(b)(i), “sections 2 to 5”, “172, 173” and “and Schedule 1” in subsection (3)(b)(ii), the words from “sections 55” to “premiums)”, and in subsection (7), paragraph (b). | ||
In section 178, in paragraph (b), “sections 2 to 5”, “172, 173” and “and Schedule 1”. | ||
In section 181, in subsection (1), the definitions of “accrued rights premium,”, “the Board”, “contracted-out protected rights premium”, “limited revaluation premium”, “pensioner’s rights premium”, “personal pension protected rights premium”, “state scheme premium” and “transfer premium”, in subsection (3) “172, 173” and “and Schedule 1”, and in subsection (7) “and Schedule 1”. | ||
In section 182(1), “the Board or”. | ||
In section 183, in subsection (1), “sections 2 to 5”, “172, 173”, and “or Schedule 1” and subsection (2). | ||
In section 185, subsections (3), (4) and (6). | ||
In section 186(5), “or section 185(4)”. | ||
In section 192(2), “section 172(4) and (5)”. | ||
Schedule 1. | ||
In Schedule 2, in paragraph 5, in sub-paragraph (1), “or the Board” and “or, as the case may be, the Board”, in sub-paragraph (2), “to 65”, in sub-paragraph (3), “in relation to state scheme premiums” and paragraph (b), and sub-paragraph (5). | ||
In Schedule 6, paragraph 11. | ||
In Schedule 8, paragraph 44(a) and (b)(i) and the “and” immediately following it. |
Textual Amendments
F58Words in Sch. 7 Pt. III repealed (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 149(c)
Commencement Information
I147S. 177, Sch. 7: Any repeal in Schedule 7 for which there is a note shall come into force into accordance with that note see s. 180(1)(2).
I148Sch. 7 Pt. IV 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
Chapter> | Short title | Extent of repeal |
---|---|---|
1971 c. 56. | The Pensions (Increase) Act 1971. | In section 3, in subsection (2)(c), “is a woman who”. |
1993 c. 48. | The Pension Schemes Act 1993. | Sections 136 to 143. |
In section 145, “with the approval of the Treasury”. | ||
In section 149, in subsection (3), at the end of paragraph (a), “and”. | ||
In section 164(1)(b)(i), the words from “136” to “143”. | ||
In section 166(5), the words from “136” to “143”. | ||
Section 172(1)(b). | ||
In section 177, in subsection (3)(b)(i), the words from “136” to “143”. | ||
In section 178, in paragraph (b), the words from “136” to “143”. | ||
In section 181, in subsection (3), the words from “136” to “143”. | ||
In section 183, in subsection (1), the words from “136” to “143”. | ||
In Schedule 9, in paragraph 1, in sub-paragraph (1), sub-paragraphs (ii) to (v), and sub-paragraph (5), and paragraphs 3 and 4. |
The repeal in the Pensions (Increase) Act 1971 shall come into force on the day this Act is passed.
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