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Pensions Act 1995
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Pensions Act 1995, Paragraph 48 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 37(1A)(b) inserted by 2015 c. 8 Sch. 2 para. 7(b)
- s. 51(5A)-(5C) inserted by 2015 c. 8 s. 43(1)
- s. 51(7A) inserted by 2015 c. 8 s. 41(1)(b)
- s. 51(9)(10) inserted by 2015 c. 8 s. 42(3)
- s. 67A(3)(aa)-(ac) inserted by 2015 c. 8 s. 45(3)
- s. 67A(9)(a)(viii)-(x) inserted by 2015 c. 8 s. 45(6)(a)
- s. 67A(9)(b)(vi)-(viii) inserted by 2015 c. 8 s. 45(6)(b)
- s. 73(2)(2A) substituted for s. 73(2) by 2015 c. 8 Sch. 2 para. 11
- s. 75(1)-(1B) substituted for s. 75(1) by 2015 c. 8 Sch. 2 para. 12
- s. 175(2)(ca) inserted by 2004 c. 35 s. 240(2)
- s. 175(2)(za) inserted by 2015 c. 8 s. 43(2)
48E+W+SIn section 53 (supervision: former contracted-out schemes)—
(a)for subsection (1) there is substituted—
“(1)The Secretary of State may direct the trustees or managers of the scheme, or the employer, to take or refrain from taking such steps as the Secretary of State may specify in writing; and such a direction shall be final and binding on the person directed and any person claiming under him.
(1A)An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them.
(1B)A direction under subsection (1) shall be enforceable—
(a)in England and Wales, in a county court as if it were an order of that court, and
(b)in Scotland, by the sheriff, as if it were an order of the sheriff and whether or not the sheriff could himself have given such an order”,
(b)subsection (2) is omitted,
(c)for subsection (3) there is substituted—
“(3)If a certificate has been issued under subsection (2) of section 50 and has not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 52(2A)(a) or (b) must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the Secretary of State may allow”, and
(d)subsections (4) and (5) are omitted.
Commencement Information
I1Sch. 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
I2Sch. 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
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