Pensions Act 1995

SCHEDULES

Section 1.

F1 SCHEDULE 1 U.K. Occupational Pensions Regulatory Authority

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13; S.I. 2005/695, art. 2(7), Sch. 1 (with arts., 4-6, Sch. 2, Sch. 3)

Section 78.

F2 SCHEDULE 2 U.K. Pensions Compensation Board

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 2 repealed (1.9.2005) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13; S.I. 2005/1720, art. 2(16), Sch.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.

SCHEDULE 3 U.K. Amendments consequential on Part I

Extent Information

E1 The amendment by this Act of an enactment which extends to Northern Ireland extends also to Northern Ireland see s.178(1)(2)(3).

The Employment Protection (Consolidation) Act 1978 (c.44) E+W+S

F3 1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 3 paras. 1-7 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt.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)

F3 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 3 paras. 1-7 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt.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)

F3 3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 3 paras. 1-7 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt.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)

F3 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 3 paras. 1-7 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt.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)

F3 5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 3 paras. 1-7 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt.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)

F3 6 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 3 paras. 1-7 repealed (22.8.1996) by Employment Rights Act 1996 (c. 18), s. 243, Sch. 3 Pt.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)

F3 7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 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)

F4 8 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 3 para. 8 repealed (22.8.1996) by Employment Tribunals Act 1996 (c. 17), s. 46, Sch. 3 Pt. I (with s. 38)

F5 9 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 3 para. 9 repealed (22.8.1996) by Employment Tribunals Act 1996 (c. 17), s. 46, Sch. 3 Pt. I (with s. 38)

F6 10 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 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)

The Insurance Companies Act 1982 (c.50) U.K.

F7 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 3 para. 11 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(a)

The Companies Act 1985 (c.6) E+W+S

F8 12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 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

The Bankruptcy (Scotland) Act 1985 (c. 66) S

13 S In 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

I2 Sch. 3 para. 13 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

14 S In 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

I3 Sch. 3 para. 14 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

The Insolvency Act 1986 (c.45) E+W

15 E+W In 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

I4 Sch. 3 para. 15 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

The Building Societies Act 1986 (c.53) U.K.

16 U.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

I5 Sch. 3 para. 16 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

The Financial Services Act 1986 (c.60) U.K.

F9 17 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 3 para. 18 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(a)

The Banking Act 1987 (c.22) U.K.

F9 18 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 3 para. 18 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(a)

The Companies Act 1989 (c.40) U.K.

F10 19 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 3 para. 19 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(a)

The Friendly Societies Act 1992 (c.40) U.K.

20 U.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

I6 Sch. 3 para. 20 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

The Tribunals and Inquiries Act 1992 (c. 53) U.K.

F11 21 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 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

The Pension Schemes Act 1993 (c.48) E+W+S

22 E+W+S The Pension Schemes Act 1993 is amended as follows.

Commencement Information

I7 Sch. 3 para. 22 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

F12 23 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 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

24 E+W+S Sections 77 to 80 (assignment, forfeiture etc.

of short service benefit) are repealed.

Commencement Information

I8 Sch. 3 para. 24 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

25 E+W+S Sections 102 to 108 (annual increase in pensions in payment) are repealed.

Commencement Information

I9 Sch. 3 para. 25 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3 (with art. 6)

26 E+W+S Section 112 (restriction on investment in employer-related assets) is repealed.

Commencement Information

I10 Sch. 3 para. 26 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

27 E+W+S Section 114 (documents for members etc.) is repealed.

Commencement Information

I11 Sch. 3 para. 27 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3 (with art. 7)

28 E+W+S Section 116 (regulations as to auditors) is repealed.

Commencement Information

I12 Sch. 3 para. 28 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

29 E+W+S Section 118 (equal access) is repealed.

Commencement Information

I13 Sch. 3 para. 29 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)

30 E+W+S Sections 119 to 122 (independent trustees) are repealed.

Commencement Information

I14 Sch. 3 para. 30 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

31 E+W+S In 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

I15 Sch. 3 para. 31 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

32 E+W+S In section 132 (conformity of schemes with requirements), “ the equal access requirements ” is omitted.

Commencement Information

I16 Sch. 3 para. 32 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)

33 E+W+S In section 133(1) (advice of the Board), “ the equal access requirements ” is omitted.

Commencement Information

I17 Sch. 3 para. 33 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)

34 E+W+S In 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

I18 Sch. 3 para. 34 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)

35 E+W+S In section 136(2)(e)(iv) (applications to modify schemes), “ or the equal access requirements ” is omitted.

Commencement Information

I19 Sch. 3 para. 35 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)

36 E+W+S In section 139(2) (functions of the Board), “ the equal access requirements ” is omitted.

Commencement Information

I20 Sch. 3 para. 36 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)

37 E+W+S In section 140(4) (effect of orders), paragraph (c) and the “ and ” immediately preceding it are omitted.

Commencement Information

I21 Sch. 3 para. 37 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)

38 E+W+S Section 144 (deficiencies in assets on winding up) is repealed.

Commencement Information

I22 Sch. 3 para. 38 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

39 E+W+S In 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

I23 Sch. 3 para. 39(a)(c)(d) in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

I24 Sch. 3 para. 39(b) in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)

40 E+W+S In 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

I25 Sch. 3 para. 40 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

41 E+W+S In 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

I26 Sch. 3 para. 41 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

42 E+W+S In section 170 (determination of questions by Secretary of State), subsections (5) and (6) are omitted.

Commencement Information

I27 Sch. 3 para. 42 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)

F13 43 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 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)

44 E+W+S In 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

F14 Sch. 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

I28 Sch. 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

I29 Sch. 3 para. 44(a)(i) in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)

I30 Sch. 3 para. 44(a)(ii) in force at 16.10.1996 for specified purposes by S.I. 1996/2637, art. 3

45 E+W+S In 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

F15 Sch. 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

I31 Sch. 3 para. 45 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

46 E+W+S In section 185(1) (consultation about regulations), “ I or ” is omitted.

Commencement Information

I32 Sch. 3 para. 46 in force at 6.4.1997 by S.I. 1997/664, art. 2(3), Sch. Pt. 3

47 E+W+S In Schedule 7 (re-enactment or amendment of certain provisions not in force), paragraphs 1 and 3 are omitted.

Commencement Information

I33 Sch. 3 para. 47 in force at 1.1.1996 by S.I. 1995/3104, art. 2(3)

Section 126.

SCHEDULE 4 E+W+S [F16 Equalisation of and increase in pensionable age for men and women]

Extent Information

E2 The 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

F16 Sch. 4 heading substituted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 3

Part I E+W+S Pensionable ages for men and women

Rules for determining pensionable age E+W+S

1 E+W+S The 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 M1 Social Security Contributions and Benefits Act 1992, the M2 Social 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

F17 Words 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)

F18 Words 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

M1 1992 c. 4.

M2 1992 c. 5.

Rules E+W+S

(1)

A man [F19 born before [F20 6th December 1953]] attains pensionable age when he attains the age of 65 years.

(2)

A woman born before 6th April 1950 attains pensionable age when she attains the age of 60.

(3)

A woman born on any day in a period mentioned in column 1 of [F21 table 1] attains pensionable age at the commencement of the day shown against that period in column 2.

(4)

F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23 TABLE 1]

(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
[F24 6th April 1953 to 5th May 1953	6th July 2016]
[F24 6th May 1953 to 5th June 1953	6th November 2016]
[F24 6th June 1953 to 5th July 1953	6th March 2017]
[F24 6th July 1953 to 5th August 1953	6th July 2017]
[F24 6th August 1953 to 5th September 1953	6th November 2017]
[F24 6th September 1953 to 5th October 1953	6th March 2018]
[F24 6th October 1953 to 5th November 1953	6th July 2018]
[F24 6th November 1953 to 5th December 1953	6th November 2018]

(5)

[F25 A 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.

[F26 TABLE 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]

(6)

A person born after [F27 5th October 1954] but before [F28 6th April 1960] attains pensionable age when the person attains the age of 66.

(7)

[F29 A 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.

TABLE 3

(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

(7A)

For the purposes of table 3—

(a)

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;

(b)

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;

(c)

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.]

(8)

A person born after [F30 5th March 1961] but before 6th April 1977 attains pensionable age when the person attains the age of 67.

(9)

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.

TABLE 4

(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

(10)

A person born after 5th April 1978 attains pensionable age when the person attains the age of 68.]

Textual Amendments

F19 Words 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)

F20 Words in Sch. 4 para. 1 rule (1) substituted (3.1.2012) by Pensions Act 2011 (c. 19), ss. 1(2), 38(3)(a)

F21 Words 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)

F22 Sch. 4 para. 1 rule (4) omitted (3.1.2012) by virtue of Pensions Act 2011 (c. 19), ss. 1(3), 38(3)(a)

F23 Sch. 4 para. 1 table heading substituted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(5)

F24 Sch. 4 para. 1 Table 1 entries substituted (3.1.2012) by virtue of Pensions Act 2011 (c. 19), ss. 1(4), 38(3)(a)

F25 Sch. 4 para. 1 rules (5)-(10) inserted (26.9.2007) by Pensions Act 2007 (c. 22), s. 30(3), Sch. 3 para. 4(6)

F26 Sch. 4 para. 1 Table 2 substituted (3.1.2012) by virtue of Pensions Act 2011 (c. 19), ss. 1(5), 38(3)(a)

F27 Words in Sch. 4 para. 1 rule (6) substituted (3.1.2012) by Pensions Act 2011 (c. 19), ss. 1(6), 38(3)(a)

F28 Words in Sch. 4 para. 1 rule (6) substituted (14.7.2014) by Pensions Act 2014 (c. 19), ss. 26(2), 56(3)(a)

F29 Sch. 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)

F30 Words in Sch. 4 para. 1 rule (8) substituted (14.7.2014) by Pensions Act 2014 (c. 19), ss. 26(4), 56(3)(a)

Part II E+W+S Entitlement to certain pension and other benefits

Pension increases for dependent spouses E+W+S

F31 2 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Sch. 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))

Category B retirement pensions E+W+S

3 (1) For sections 49 and 50 of the M3 Social Security Contributions and Benefits Act 1992 (Category B retirement pensions for women) there is substituted— E+W+S

“48A Category B retirement pension for married person.

(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.

48B Category B retirement pension for widows and widowers.

(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.

48C Category B retirement pension: general.

(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.

Marginal Citations

M3 1992 c. 4.

Home responsibilities protection E+W+S

4 (1) In paragraph 5 of Schedule 3 to the M4 Social 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.

Marginal Citations

M4 1992 c. 4.

Additional pension E+W+S

5 E+W+S In section 46(2) of the M5 Social 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”.

Marginal Citations

M5 1992 c. 4.

Increments E+W+S

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

F32 Sch. 4 para. 6(5) substituted (18.11.2004) by Pensions Act 2004 (c. 35), ss. 297(3), 322(2)(c)(ii)

Graduated retirement benefit U.K.

7 E+W+S In section 62(1) of the M6 Social 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 ”.

Marginal Citations

M6 1992 c. 4.

Christmas bonus for pensioners E+W+S

8 E+W+S In 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 ”.

Part III U.K. Consequential amendments

Pensionable age E+W+S

9 E+W+S In section 50 of the M7 London 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

M7 1984 c. 32.

10 E+W+S In section 93 of the M8 Transport 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

M8 1985 c. 67.

11 E+W+S In section 73B(2)(b)(ii) of the M9 Housing (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

M9 1987 c. 26.

12 E+W+S In the M10 Income 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. ”

Marginal Citations

M10 1988 c. 1.

13 E+W+S In the M11 Social 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”.

Marginal Citations

M11 1992 c. 4.

14 E+W+S In section 191 of the M12 Social 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”.

Marginal Citations

M12 1992 c. 5.

15 E+W+S In section 58 of the M13 Trade 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

M13 1992 c. 52.

16 E+W+S For section 49 of the M14 Pension Schemes Act 1993 (married women and widows), including the cross heading preceding it, there is substituted—

“ Women, married women and widows E+W+S

49 Women, married women and widows.

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

M14 1993 c. 48.

17 E+W+S In 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”.

Pension increases for dependent spouses E+W+S

F33 18 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Sch. 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))

F34 19 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 Sch. 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))

F35 20 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35 Sch. 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))

Category B retirement pensions E+W+S

21 (1) In section 20(1)(f) of the M15 Social 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—

“51A Special provision for married people.

(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

F36 Sch. 4 para. 21(8) repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(4)(a), Sch. 7 Pt. 1

F37 Sch. 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))

F38 Sch. 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

F39 Sch. 4 para. 21(14) repealed (6.4.2005) by Pensions Act 2004 (c. 35), s. 322(4), Sch. 13

F40 Sch. 4 para. 21(18) repealed (6.4.2010) by Pensions Act 2007 (c. 22), s. 27(4)(a), Sch. 7 Pt. 1

Marginal Citations

M15 1992 c. 4.

22 U.K. In section 46 of the M16 Pension 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

M16 1993 c. 48.

Section 151.

SCHEDULE 5 U.K. Amendments relating to Part III

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).

The Public Records Act 1958 (c. 51) U.K.

1 U.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

I34 Sch. 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

The Administration of Justice Act 1970 (c. 31) U.K.

2 U.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

I35 Sch. 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

The Attachment of Earnings Act 1971 (c. 31) U.K.

3 U.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

I36 Sch. 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

The House of Commons Disqualification Act 1975 (c. 24) U.K.

4 U.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

I37 Sch. 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

The Northern Ireland Assembly Disqualification Act 1975 (c. 25) U.K.

5 U.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

I38 Sch. 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

The Social Security Pensions Act 1975 (c. 60) U.K.

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

I39 Sch. 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

The European Parliament (Pay and Pensions) Act 1979 (c. 50) U.K.

7 U.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

I40 Sch. 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

The Justices of the Peace Act 1979 (c. 55) U.K.

F41 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41 Sch. 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)

The Judicial Pensions Act 1981 (c. 20) U.K.

9 U.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

I41 Sch. 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

The Insurance Companies Act 1982 (c. 50) U.K.

10 U.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

I42 Sch. 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

The Companies Act 1985 (c. 6) U.K.

F42 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Sch. 5 para. 11 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(b)

The Income and Corporation Taxes Act 1988 (c. 1) E+W+S

F43 12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43 Sch. 5 para. 12 repealed (6.4.2006) by Finance Act 2004 (c. 12), Sch. 42 Pt. 3 (with Sch. 36)

The Social Security Act 1989 (c. 24) U.K.

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

I43 Sch. 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

The Social Security Contributions and Benefits Act 1992 (c. 4) U.K.

14 U.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

I44 Sch. 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

The Social Security Administration Act 1992 (c. 5) U.K.

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

F44 Sch. 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

I45 Sch. 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

The Tribunals and Inquiries Act 1992 (c. 53) U.K.

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

I46 Sch. 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

The Judicial Pensions and Retirement Act 1993 (c. 8) U.K.

17 U.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

I47 Sch. 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

The Pension Schemes Act 1993 (c. 48) E+W+S

18 E+W+S The Pension Schemes Act 1993 is amended as follows.

Commencement Information

I48 Sch. 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

19 E+W+S Sections 2 to 5 (constitution, membership etc.

of the Board) are repealed.

Commencement Information

I49 Sch. 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

F45 20 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 Sch. 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

21 E+W+S In 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.

Table

Provision	Additional amendments
F46 . . .
F46 . . .	F46 . . .
F46 . . .	F46 . . .
	F46 . . .
F46 . . .
F46 . . .	F46 . . .
	F46 . . .
F46 . . .	F46 . . .
	F46 . . .
	F46 . . .
F46 . . .	F46 . . .
Section 163 (rule against perpetuities).	In subsection (6), for “consider” there is substituted “considers”.

Textual Amendments

F46 Words 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

I50 Sch. 5 para. 21 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V

I51 Sch. 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

F47 22 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47 Sch. 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

23 E+W+S In 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

I52 Sch. 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

F48 24 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Sch. 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)

25 E+W+S In section 10 (protected rights), in subsection (2)(a), after “minimum payments” there is inserted “ and payments under section 42A(3) ”.

Commencement Information

I53 Sch. 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

26 E+W+S In section 13 (minimum pensions for earners), in subsection (2)(a), the words from “and does” to the end are omitted.

Commencement Information

I54 Sch. 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

27 E+W+S In 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

I55 Sch. 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

28 E+W+S In 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

I56 Sch. 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)

I57 Sch. 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

29 E+W+S In section 17 (minimum pensions for widows and widowers), at the end of subsection (7) there is added “ or widows ”.

Commencement Information

I58 Sch. 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

30 E+W+S Section 22 (financing of benefits) is repealed.

Commencement Information

I59 Sch. 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

31 E+W+S In 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 [F49 and 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

F49 Words 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

I60 Sch. 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))

32 E+W+S Section 24 (sufficiency of resources) is repealed.

Commencement Information

I61 Sch. 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

33 E+W+S In 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

I62 Sch. 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

I63 Sch. 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

F50 34 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50 Sch. 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)

F51 35 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51 Sch. 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)

36 E+W+S In 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

I64 Sch. 5 para. 36 in force at 1.6.1996 for specified purposes by S.I. 1996/1412, art. 2(2), Sch. Pt. II

I65 Sch. 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

37 E+W+S In 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

F52 Sch. 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

I66 Sch. 5 para. 37 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V

I67 Sch. 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

38 E+W+S Sections 35 (surrender, etc.

issue of further certificates) and 36 (surrender etc. cancellation of further certificates) are repealed.

39 E+W+S For section 37 (alteration of rules of contracted-out schemes) there is substituted—

“37 Alteration of rules of contracted-out schemes.

(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

I68 Sch. 5 para. 39 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V

I69 Sch. 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

40 E+W+S In 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

I70 Sch. 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

41 E+W+S In section 42 (review of reduced rates of contributions), in subsection (3), for “41(1)(a)” there is substituted “ 41(1A)(a) ”.

Commencement Information

I71 Sch. 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

42 E+W+S In section 43 (payment of minimum contributions), in subsection (1), after “circumstances” there is inserted “ or in respect of such periods ”.

Commencement Information

I72 Sch. 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

43 E+W+S In section 45 (minimum contributions towards personal pension schemes), subsection (3)(d) is omitted.

Commencement Information

I73 Sch. 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

44 E+W+S In 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

I74 Sch. 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

45 E+W+S In 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

I75 Sch. 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))

I76 Sch. 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

46 E+W+S In 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

I77 Sch. 5 para. 46 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V

I78 Sch. 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

47 E+W+S In 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

I79 Sch. 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

48 E+W+S In 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

I80 Sch. 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

I81 Sch. 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

49 E+W+S In 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

I82 Sch. 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

I83 Sch. 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

50 E+W+S In section 55 (state scheme premiums), subsections (1) and (3) to (6) are omitted.

Commencement Information

I84 Sch. 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))

51 E+W+S In 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

I85 Sch. 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))

52 E+W+S In section 58 (amount of premiums under section 55), subsections (1) to (3), (5) and (6) are omitted.

Commencement Information

I86 Sch. 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))

53 E+W+S Section 59 (alternative basis for revaluation) is repealed.

Commencement Information

I87 Sch. 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))

54 E+W+S In 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

I88 Sch. 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))

55 E+W+S In 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

I89 Sch. 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))

56 E+W+S In 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

I90 Sch. 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))

57 E+W+S In 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

F53 Sch. 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

I91 Sch. 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))

58 E+W+S Section 64 (actuarial tables) is repealed.

Commencement Information

I92 Sch. 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))

59 E+W+S Section 65 (former and future earners) is repealed.

Commencement Information

I93 Sch. 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))

60 E+W+S Section 66 (widowers) is repealed.

Commencement Information

I94 Sch. 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))

61 E+W+S In 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

I95 Sch. 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))

62 E+W+S In section 84(5), paragraph (b) and the preceding “or” are omitted.

Commencement Information

I96 Sch. 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

63 E+W+S In 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

I97 Sch. 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

64 E+W+S Sections 133 to 135 (advice and determinations as to conformity of schemes with requirements) are repealed.

Commencement Information

I98 Sch. 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

65 E+W+S In 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

I99 Sch. 5 para. 65 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V

I100 Sch. 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

66 E+W+S In 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

I101 Sch. 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

67 E+W+S In section 164(1)(b)(i) (Crown employment), “2 to 5”, “172, 173” and “and Schedule 1” are omitted.

Commencement Information

I102 Sch. 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

68 E+W+S In 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

I103 Sch. 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

69 E+W+S In section 166(5) (reciprocity with other countries), “sections 2 to 5”, “172, 173” and “and Schedule 1” are omitted.

Commencement Information

I104 Sch. 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

F54 70 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54 Sch. 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)

71 E+W+S In section 171 (questions arising in proceedings), in subsection (1)(b), for “state scheme premium” there is substituted “ contributions equivalent premium ”.

Commencement Information

I105 Sch. 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))

72 E+W+S Sections 172 and 173 (reviews and appeals) are repealed.

Commencement Information

I106 Sch. 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

73 E+W+S In section 174 (grants), for “Board” (in both places) there is substituted “ Regulatory Authority ”.

Commencement Information

I107 Sch. 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

74 E+W+S In 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

I108 Sch. 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

75 E+W+S In 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

I109 Sch. 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

76 E+W+S In section 178(b) (meaning of “trustee” and “manager”), “sections 2 to 5”, “172, 173” and “and Schedule 1” are omitted.

Commencement Information

I110 Sch. 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

77 E+W+S In 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

I111 Sch. 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

78 E+W+S In section 182(1) (orders and regulations), “ the Board or ” is omitted.

Commencement Information

I112 Sch. 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

79 E+W+S In section 183 (sub-delegation), in subsection (1), “sections 2 to 5”, “172, 173” and “or Schedule 1”, and subsection (2) are omitted.

Commencement Information

I113 Sch. 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

80 E+W+S In 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

F55 Sch. 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

I114 Sch. 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

I115 Sch. 5 para. 80(f) in force at 16.10.1996 for specified purposes by S.I. 1996/2637, art. 3

81 E+W+S In section 186(5) (Parliamentary control of regulations and orders), “ or section 185(4) ” is omitted.

Commencement Information

I116 Sch. 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

82 E+W+S In section 192(2) (extent), for “sections 1 to 5” there is substituted “ section 1 ” and “ section 172(4) and (5) ” is omitted.

Commencement Information

I117 Sch. 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

83 E+W+S Schedule 1 (the Occupational Pensions Board) is repealed.

Commencement Information

I118 Sch. 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

84 E+W+S In 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

I119 Sch. 5 para. 84 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V

I120 Sch. 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

85 E+W+S In Schedule 4 (priority in bankruptcy), in paragraph 3(1), for “state scheme premium” there is substituted “ contributions equivalent premium ”.

Commencement Information

I121 Sch. 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

86 E+W+S In Schedule 6 (transitional provisions and savings), paragraph 11 is omitted.

Commencement Information

I122 Sch. 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.

SCHEDULE 6 U.K. General minor and consequential amendments

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).

The Public Records Act 1958 (c. 51) U.K.

1 U.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.”

The Pension Schemes Act 1993 (c. 48) U.K.

2 E+W+S The M17 Pension Schemes Act 1993 is amended as follows.

Commencement Information

I123 Sch. 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

M17 1993 c. 48.

3 E+W+S In 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

I124 Sch. 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

4 E+W+S In 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

I125 Sch. 6 para. 4 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V

I126 Sch. 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

5 E+W+S In 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

I127 Sch. 6 para. 5 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V

I128 Sch. 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

6 E+W+S In 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

F56 Sch. 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

I129 Sch. 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

I130 Sch. 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

I131 Sch. 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

7 E+W+S In section 145 (Pensions Ombudsman), in subsection (5) “ with the approval of the Treasury ” is omitted.

Commencement Information

I132 Sch. 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

8 E+W+S In 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

I133 Sch. 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

9 E+W+S After section 158 there is inserted—

“158A Other disclosures by the Secretary of State.

(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.

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

I134 Sch. 6 para. 9 in force at 6.4.1996 by S.I. 1996/778, art. 2(4), Sch. Pt. IV

10 E+W+S In section 164(1)(b)(i) (Crown employment), the words from “136” to “143” are omitted.

Commencement Information

I135 Sch. 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

11 E+W+S In section 166(5) (reciprocity with other countries), the words from “136” to “143” are omitted.

Commencement Information

I136 Sch. 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

12 E+W+S In section 177 (general financial arrangements), in subsection (3)(b)(i), the words from “136” to “143” are omitted.

Commencement Information

I137 Sch. 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

13 E+W+S In section 178 (meaning of “trustee” and “manager”), in paragraph (b), the words from “136” to “143” are omitted.

Commencement Information

I138 Sch. 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

14 E+W+S In section 181 (general interpretation), in subsection (3), the words from “136” to “143” are omitted.

Commencement Information

I139 Sch. 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

15 E+W+S In 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

I140 Sch. 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

I141 Sch. 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.

SCHEDULE 7 U.K. Repeals

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).

Part I U.K. Occupational pensions

Commencement Information

I142 Sch. 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

F57 Words 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)

Part II U.K.

Commencement Information

I143 Sch. 7 Part II in force at Royal Assent (19.7.1995) see s. 180(1)(2).

I144 Sch. 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

State pensions

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.

Part III U.K.

Commencement Information

I145 Sch. 7 Pt. III in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(4), Sch. Pt. IV

I146 Sch. 7 Pt. III in force at 6.4.1997 for specified purposes by S.I. 1997/664, art. 2(3), Sch. Pt. 3

Certification of pension schemes etc.

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

F58 Words 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)

Part IV U.K.

Commencement Information

I147 S. 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).

I148 Sch. 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

Miscellaneous and General

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.