The Occupational Pension Schemes (Independent Trustee) Regulations 2005

Statutory Instruments

2005 No. 703

PENSIONS

The Occupational Pension Schemes (Independent Trustee) Regulations 2005

Made

21st March 2005

Laid before Parliament

21st March 2005

Coming into force

11th April 2005

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 113(1)(d), (3) and (4), 168(1) and (4), 181(1) and 182(2) of the Pension Schemes Act 1993(1), sections 22(2F), 23(4), (5)(a) and (6), 118(1), 124(1), 125(3) and 174(3) of the Pensions Act 1995(2) and sections 10(5)(a), 93(2)(q), 97(5)(u), 315(2) and 318(1) of, and paragraph 21(e) of Schedule 1 to, the Pensions Act 2004(3), and of all other powers enabling him in that behalf, by this instrument, which includes regulations which are consequential upon section 36 of the Pensions Act 2004 and is made before the end of the period of six months beginning with the coming into force of that section of that Act(4), makes the following Regulations:

(1)

1993 c. 48; section 113(4) was amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8); section 168 was substituted by section 155(1) of the Pensions Act 1995 (c. 26) (“the 1995 Act”); section 181(1) is cited because of the meaning there given to “prescribe” and “regulations”.

(2)

1995 c. 26; section 22(2F) is inserted by, and section 23 is substituted by, section 36 of the Pensions Act 2004 (c. 35) (“the 2004 Act”); section 124(1) is cited because of the meaning there given to “prescribed” and “regulations”.

(3)

2004 c. 35; section 318(1) is cited because of the meaning there given to “prescribed” and “regulations”.

(4)

See section 185(1) of the Pension Schemes Act 1993 (“the 1993 Act”), as amended by sections 122, 151 and 177 of, and paragraph 46 of Schedule 3, paragraph 80(a) of Schedule 5, and Part 1 of Schedule 7 to, the 1995 Act , section 120(1) of the 1995 Act and section 317(1) of the 2004 Act which provide that the Secretary of State must consult such persons as he may consider appropriate before making any regulations under Part 4 of the 1993 Act, Part 1 of the 1995 Act, or Part 1 of the 2004 Act respectively. In the case of the 1993 and 1995 Acts, the requirement to consult does not apply to regulations which state that they are consequential upon a specified enactment and are made before the end of the period of six months beginning with the coming into force of that enactment (see section 185(2)(e) (inserted by section 151 of, and paragraph 80(b) of Schedule 5 to, the 1995 Act) and section 120(2)(d) respectively), and in the case of the 2004 Act the requirement to consult does not apply to regulations contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the provision of the Act by virtue of which the regulations are made (see section 317(2)(c)).