The Pensions Act 2004 (Commencement No. 3, Transitional Provisions and Amendment) Order 2005

Article 2(7)

SCHEDULE 1 PROVISIONS OF THE ACT COMING INTO FORCE ON 6TH APRIL 2005

Provisions of the Act	Subject matter
Schedule 12, paragraphs 7, 35 to 43, 47, 66, 68, 70, 73, 77(1) and (3), 78, and 80, and section 319(1) in so far as it relates to those paragraphs	consequential amendments
Schedule 13, in so far as it relates to specified repeals in relation to— the Pension Schemes Act 1993, sections 6, 99(6), 101J(3), 129, 168A, 181 except the definition of “voluntary contributions requirements” in subsection (1), and 192(2); the Pensions Act 1995, sections 1, 2, 5, 7(1) and (4), 10(5)(a), 11(3), 13, 22(1)(b), 25(2), 26A to 26C, 28(4), 29, 30, 30A, 31, 48, 72A(9), 72C(2), 74, 75(9) and 96 to 114, and Schedule 1, paragraph 23 of Schedule 3, and paragraph 20 of Schedule 5; the Welfare Reform and Pensions Act 1999, sections 2(5) and (6), 4, 5 and 38(1), and paragraphs 1(2)(b)(i) and (xi) to (xiii), 2 and 3 of Schedule 1, paragraph 9 of Schedule 2, and paragraph 55 of Schedule 12 ; the Anti-terrorism, Crime and Security Act 2001, paragraph 37 of Part 1 of Schedule 4; and section 320 in so far as it relates to those provisions.	repeals

Article 5(8)

SCHEDULE 2 FURTHER TRANSITIONAL PROVISIONS

Transitional provisions relating to the 1993 Act

1.  Section 175 of the 1993 Act (levies towards certain expenditure) shall be modified so that it shall have effect as if, for the words “be recoverable by the Registrar” in subsection (8), there were substituted the words “be recoverable by the Regulatory Authority”.

Transitional provisions relating to section 2 of the 1995 Act

2.  Section 2 of the 1995 Act (reports to the Secretary of State) shall be modified so that it shall have effect as if, after subsection (1), there were inserted the following subsection—

“(1A) The Regulatory Authority must prepare a report for the period commencing 1st April 2004 and ending 5th April 2005 and must send the report to the Secretary of State as soon as practicable after the end of that period.”.

Transitional provisions relating to section 96 of 1995 Act

3.  Section 96 of the 1995 Act (review of decisions) shall be modified so that it shall have effect as if—

(a) for the words “any determination of theirs” in subsection (2), there were substituted the words “any determination of the Occupational Pensions Regulatory Authority”; and

(b) for the words “any other such determination of theirs” in paragraph (a) of subsection (3), there were substituted the words “any other such determination of the Occupational Pensions Regulatory Authority”.

Transitional provisions relating to section 97 of the 1995 Act

4.  Section 97 of the 1995 Act (references and appeals from the Authority) shall be modified so that it shall have effect as if, for the words “the Authority” in each place where they appear in subsections (1) to (4) and (7), there were substituted the words “the Determinations Panel of the Pensions Regulator”.

Transitional provisions relating to section 103 of the 1995 Act

5.  Section 103 of the 1995 Act (publishing reports) shall be modified so that it shall have effect as if, for the words “any investigation under this Part”, there were substituted the words “any investigation by the Occupational Pensions Regulatory Authority under this Part”.

Transitional provisions relating to paragraph 16 of Schedule 1 to the 1995 Act

6.  Paragraph 16 of Schedule 1 to the 1995 Act (accounts) shall be modified so that it shall have effect as if—

(a) at the beginning of sub-paragraph (1), for the word “It” there were substituted the words “Subject to paragraph (1A), it”; and

(b) after sub-paragraph (1), there were inserted the following sub-paragraph—

“(1A) The statement of accounts which the Authority is required to prepare in respect of the financial year commencing 1st April 2004 shall also include its accounts for the period commencing on 1st April 2005 and ending on 5th April 2005.”.

Article 6

SCHEDULE 3

Provisions referred to in article 6 which are to continue to have effect as they were in force immediately before their amendment or repeal by the Act.

Provisions of enactments	Subject matter
The Pensions Act 1993
Section 175	Levies towards certain expenditure
The Pensions Act 1995
Section 2	Reports to Secretary of State
Section 3	Prohibition orders
Section 4	Suspension orders
Section 8	Appointment of trustees: consequences
Section 11	Powers to wind up schemes
Section 72B	Directions to facilitate winding up
Section 96	Review of decisions
Section 97	References and appeals from the Authority
Section 98	Provision of information
Section 99	Inspection of premises
Section 100	Warrants
Section 101	Information and inspection: penalties
Section 102	Savings for certain privileges etc.
Section 103	Publishing reports
Schedule 1, paragraph 16	Accounts