The Pensions Act 2004 (Commencement No. 2, Transitional Provisions and Consequential Amendments) Order 2005

PART 7 PROVISIONS OF THE ACT COMING INTO FORCE ON 6TH APRIL 2005

Provisions of the Act	Subject matter
In so far as not already brought into force, sections 19, 21, 23, 24, 30, 36, 38 except subsections (4) and (7)(g), 43 except subsection (7)(e), 44, 45, 52, 57, 59 to 61, 69, 93, 97, 102, 103, 104, 106, 114, 120, 122, 123, 125, 126, 129, 130, 133, 134 except subsection (2)(d), 135, 138 except subsection (10)(a), 139, 140, 141, 143, 145 to 148, 150 except subsection (6)(d), 151 except paragraph (a) in the definition of “audited scheme accounts” and (12)(a), 152, 167, 179 except subsection (1)(b), 203, 206 except subsection (5), 208 and 258	provisions relating to the Pensions Regulator, the Board of the Pension Protection Fund and miscellaneous provisions
section 2(3)	membership of the Regulator
section 4(1)(a), (2) and (3)	Regulator’s functions
section 5(1) and (2)	Regulator’s objectives
section 7	transfer of Opra’s functions to the Regulator
section 8, in so far as not already brought into force	non-executive functions
sections 13 to 17	new powers in respect of occupational and personal pension schemes
section 18, except subsections (3)(b) and (4)(b)	pension liberation: interpretation
section 20(1), (2), (3)(a) and (b) and (4) to (11)	pension liberation: restraining orders
section 22	powers to wind up occupational pension schemes
sections 25 to 29, 31 and 32	provisions relating to freezing orders
sections 33 to 35 and 37	trustees of occupational pension schemes
sections 39, 40, 41(1) to (9), (10)(a) to (e), (11) and (12), and 42(1), (2)(a) and (b) and (3) to (5)	contribution notices where avoidance of employer debt
section 46	financial support directions: clearance statements
section 47(1) to (3), (4)(a) to (f), and (5)	contribution notices where non-compliance with financial support direction
sections 48 and 49	the sum specified in a section 47 contribution notice, content and effect of such a notice
section 50(1) to (9), (10)(a) to (e) and (11)	section 47 contribution notice: relationship with employer debt
section 51	sections 43 to 50: interpretation
sections 53 to 56	transactions at an undervalue
section 58	Regulator’s right to apply under section 423 of Insolvency Act 1986
sections 62 to 68	register of schemes, register of prohibited trustees and collecting information relevant to the PPF
sections 70 to 89 (except section 86(2))	duty to report breaches of the law, provisions on reports and on information
section 90(1), (2)(a) to (j) and (3) to (7)	codes of practice
section 91(10) to (12)	procedure for issue and publication of codes of practice
section 92	revocation of codes of practice
section 94	publication of procedure in relation to regulatory functions
section 95(1)(a) and (b)(i), (2) and (3)	application of standard and special procedure
section 96(1) to (5), (6)(a) to (t) and (v)	standard procedure
sections 98 to 100	special procedure, compulsory review, and duty to have regard to the interests of members etc
section 101(1), (2)(a) to (c) and (3) to (5)	powers to vary or revoke orders, notices or directions etc
section 105	redetermination etc by the Tribunal
section 108(4)	membership of the Board
section 110(1)(a)	the Board’s functions
section 112(5) and (6)	non-executive functions
section 113	investment of funds relating to the Board of the Pension Protection Fund
section 119	annual reports to the Secretary of State
section 121(1) to (4), (6), (8), (9)(a), (10) and (11)	insolvency event, insolvency date and insolvency practitioner
section 124	Board’s duty where there is a failure to comply with section 122
section 127	duty to assume responsibility for schemes following insolvency event
section 128	duty to assume responsibility for schemes following application or notification
section 131	protected liabilities
section 132 except subsection (6)	assessment periods
section 136	power to validate contraventions of section 135
section 137
section 142	definitions
section 144	approval of valuation
section 149	circumstances in which Board ceases to be involved with an eligible scheme
section 154(1), (2)(a) and (c), and (6) to (15)	requirement to wind up schemes with sufficient assets to meet protected liabilities
section 160(1) to (3), (5), (6), and (7) in so far as it relates to section 172(1)	transfer notice
section 161(2)(c)	effect of Board assuming responsibility for a scheme
section 172(1)	relationship with fraud compensation
section 173(1)(c) to (e), (g) to (i) and (3)(b) to (d), (h) and (i)	Pension Protection Fund
section 175(2)(a)(i) and (iii) and (3)(a)	definition of risk-based pension protection levy
section 192, and section 193 in so far as it relates to section 192	entry of premises, and penalties
section 194	warrants
section 195	offence of providing false or misleading information to the Board
section 196	use of information
sections 197 to 202	disclosure of information
section 204(1) and (2)	interpretation
section 205	reports
section 209(6)	PPF Ombudsman
sections 210(4) and (5) and 211	Deputy PPF Ombudsmen
section 219	backdating the winding up of eligible schemes
section 257	pension protection on transfer of employment
section 263	short service benefit
section 265	paternity leave and adoption leave
section 266	inalienability of occupational pension
section 272(13) and (14)	debt due from the employer in the case of multi-employer schemes
section 275	jurisdiction
section 276	investigations
sections 278 to 280	annual increases in rates of pension
section 282	meaning of “working life” in Pension Schemes Act 1993
section 285	meaning of “stakeholder pension scheme”
section 298(4) and (5)(b)	disclosure of state pension information
section 300(3) to (5)	dissolution of OPRA
section 301	transfer of employees from OPRA to the Regulator
Schedule 1, paragraphs 20(1), (2) and (4) to (7), 24, 25, 28, 33, 35(4)(a) and (b) and 35(5) in so far as it relates to paragraph 35(4)(a) and (b), and section 3 in so far as it relates to those paragraphs	the Pensions Regulator
Schedule 3	restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions
Schedule 4, paragraphs 8, 10 to 16, and 19 to 21	the Pensions Regulator Tribunal
Schedule 5, paragraphs 18(2)(f) to (h), 19, 22(1) to (3) and (5) to (7) and 23(a), and section 109 in so far as it relates to those paragraphs	the Board of the Pension Protection Fund
Schedule 7, and section 162, in so far as not already brought into force	pension compensation provisions
Schedule 9, paragraphs 1 to 19	reviewable matters
Schedule 12, paragraphs 1, 5(1) and (3), 6, 24(a) and (c), 25, 26, 76(2)(a) and (4) and 79, and section 319(1) insofar as it relates to those paragraphs	consequential amendments
Schedule 13, in so far as it relates to— the Parliamentary Commissioner Act 1967, Schedule 2, the entry relating to the Occupational Pensions Regulatory Authority; the House of Commons Disqualification Act 1975, Schedule 1, Part 2, the entry relating to the Occupational Pensions Regulatory Authority; the Northern Ireland Assembly Disqualification Act 1975, Schedule 1, Part 2, the entry relating to the Occupational Pensions Regulatory Authority; the Tribunals and Inquiries Act 1992, Schedule 1, Part 1, paragraph 35(g); the 1995 Act, the specified repeals in sections 51(1), 54(3), and 162(1), and Schedule 3, paragraph 21 and Schedule 4, paragraph 21(13); the Child Support, Pensions and Social Security Act 2000, section 54; the Freedom of Information Act 2000, Schedule 1, Part 6, the entries relating to the Occupational Pensions Regulatory Authority, and the Registrar of Occupational and Personal Pension Schemes; and section 320 in so far as it relates to those provisions	repeals