Search Legislation

Advanced Search

Pensions Act 2004

Status:

This version of this part contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Pensions Act 2004, Part 1 is up to date with all changes known to be in force on or before 21 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. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 1E+W+SRepeals

Commencement Information

I1Sch. 13 Pt. 1 in force at 10.2.2005 for specified purposes and at 1.4.2005 for specified purposes by S.I. 2005/275, art. 2(2), Sch. Pt. 2 (with transitional provisions and savings in S.I. 2005/695, arts. 5(8), 6, Schs. 2, 3 (as amended by S.I. 2005/1108, art. 3(b))

I2Sch. 13 Pt. 1 in force at 1.4.2005 for specified purposes by S.I. 2005/695, art. 2(6) (with arts. 4-6, Sch. 2, Sch. 3)

I3Sch. 13 Pt. 1 in force at 6.4.2005 for specified purposes, see s. 322(4)

I4Sch. 13 Pt. 1 in force at 6.4.2005 for specified purposes by S.I. 2005/1108, art. 2(2), Sch.

I5Sch. 13 Pt. 1 in force at 6.4.2005 for specified purposes by S.I. 2005/275, art. 2(7), Sch. Pt. 7

I6Sch. 13 Pt. 1 in force at 6.4.2005 for specified purposes by S.I. 2005/695, art. 2(7), Sch. 1 (with arts. 4-6, Sch. 2, Sch. 3) (with further savings in S.I. 2005/695, art. 6A (as inserted by S.I. 2005/1108, art. 3(a))

I7Sch. 13 Pt. 1 in force at 1.9.2005 for specified purposes by S.I. 2005/2447, art. 2(4), Sch. Pt. 1

I8Sch. 13 Pt. 1 in force at 1.9.2005 for specified purposes by S.I. 2005/1720, art. 2(16), Sch. Pt. 3 (with arts. 4, 5) (as amended (26.6.2009) by S.I. 2009/1583, art. 2)

I9Sch. 13 Pt. 1 in force at 22.9.2005 for specified purposes by S.I. 2005/2447, art. 2(3)(b)

I10Sch. 13 Pt. 1 in force at 4.12.2005 for specified purposes and 30.12.2005 for specified purposes by S.I. 2005/3331, art. 2(1), Sch. Pt. 1

I11Sch. 13 Pt. 1 in force at 9.12.2005 for specified purposes by S.I. 2005/3331, art. 2(2), Sch. Pt. 2

I12Sch. 13 Pt. 1 in force at 6.4.2006 for specified purposes by S.I. 2006/560, art. 2(3), Sch. Pt. 3

I13Sch. 13 Pt. 1 in force at 6.4.2006 for specified purposes by S.I. 2005/3331, art. 2(6), Sch. Pt. 6

I14Sch. 13 Pt. 1 in force at 6.4.2006 for specified purposes by S.I. 2005/1720, art. 2(13)

I15Sch. 13 Pt. 1 in force at 6.4.2007 for specified purposes by S.I. 2006/2272, art. 2(7), Sch. Pt. 2 (with art. 3)

Short title and chapterExtent of repeal
Parliamentary Commissioner Act 1967 (c. 13)

In Schedule 2, the entries relating to—

(a)

the Occupational Pensions Regulatory Authority, and

(b)

the Pensions Compensation Board.

House of Commons Disqualification Act 1975 (c. 24)

In Schedule 1, in Part 2, the entries relating to—

(a)

the Occupational Pensions Regulatory Authority, and

(b)

the Pensions Compensation Board.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

In Schedule 1, in Part 2, the entries relating to—

(a)

the Occupational Pensions Regulatory Authority, and

(b)

the Pensions Compensation Board.

Tribunals and Inquiries Act 1992 (c. 53)

Section 10(5)(ba) and the word “or” immediately preceding it.

In Schedule 1, in Part 1, paragraph 35(g) and (h).

Pension Schemes Act 1993 (c. 48)

Section 6.

In section 28—

(a)

in subsection (4), paragraphs (a) and (b) and the word “and” in paragraph (c),

(b)

subsections (4A) and (4B), and

(c)

in subsection (8), the words “, which must not be earlier than the member’s 60th birthday,” in the definition of “the starting date”.

In section 29(1)(aa)(ii), the words from “and is not” to “75th birthday,”.

In section 34(1)(a)(ii), the words “or category”.

Section 99(6).

Section 101J(3).

Section 111.

Section 111A(10).

Section 111B.

In section 123, the definition of “occupational pension scheme” in subsection (3), and subsection (4).

In section 129—

(a)

in subsection (2) the words from “and Chapter IV” to the end, and

(b)

subsection (3)(b).

In section 131(b), the words “payable at any earlier time or”.

In section 132, the words from “or the voluntary” to third “requirements”.

Section 148(5)(ba) and (bb).

Section 149(1), (1A) and (1B).

In section 149(3)—

(a)

paragraph (ba), and

(b)

paragraph (d) and the word “and” immediately preceding it.

In section 149(6)—

(a)

paragraph (c), and

(b)

the word “and” at the end of paragraph (k).

Section 149(8).

In section 151(1), paragraph (c) and the word “and” immediately preceding it.

In section 151(3)—

(a)

paragraphs (ba) and (bb), and

(b)

in paragraph (c) the words “any of paragraphs (a) to (bb)”.

In section 158—

(a)

in subsection (6), the words “Subject to subsection (7)”, and

(b)

subsection (7).

Section 168A.

In section 175—

(a)

in subsection (1), paragraph (a) and the word “or” at the end of paragraph (b), and

(b)

subsections (4) to (7).

In section 177(5)—

(a)

the word “and” at the end of paragraph (a), and

(b)

paragraph (b).

In section 181—

(a)

in subsection (1), the definitions of “the register”, “the Registrar”, and “voluntary contributions requirements”,

(b)

in subsection (3), the words “section 6,”, and

(c)

in subsection (4), the word “6,”.

In section 192(2), the words “section 6(1) and (2) (except paragraph (a)(ii)), (3), (4), and (8),”.

In Schedule 9, paragraphs 5 and 7(2).

Pensions Act 1995 (c. 26)

Sections 1 and 2.

Section 5.

In section 7(1), the words “a trustee of such a scheme ceases to be a trustee”.

Section 7(4).

In section 10(5)(a), the words “as a trustee of a trust scheme”.

Section 11(3).

Section 13.

Sections 16 to 21.

In section 22(1)(b), the word “or” at the end of sub-paragraph (i).

In section 25(2), the words from “but if” to the end.

Sections 26A to 26C.

Section 28(4).

In section 29—

(a)

subsections (3), (4) and (5)(b), and

(b)

in subsection (6), the words “or revocation made”.

In section 30—

(a)

in subsection (2), paragraph (b) and the word “or” immediately preceding it, and

(b)

subsections (7) and (8).

Section 30A.

Section 31.

Section 36(2).

In section 38(2)(b), the word “new”.

Section 41(2)(c).

Section 48.

In section 49, subsection (10)(a) and the word “and” immediately after it.

Section 49A(4).

In section 51(1), the word “and” at the end of sub-paragraph (i) of paragraph (a).

In section 54(3), the definition of “appropriate percentage”.

Sections 56 to 61.

In section 63(4)(c), the words “or category”.

In section 69—

(a)

subsection (3)(a),

(b)

in subsection (4)(a), the words “(a) or”, and

(c)

in subsection (5)(a), the words “either of”.

In section 71A(4), paragraphs (f) and (g).

Section 72A(9)(a) and the word “and” immediately after it.

Section 72B(7) and (8)(b).

Section 72C(2).

Section 73(6)(a) and the word “and” immediately after it.

In section 74—

(a)

in subsection (2) the words “(including increases in pensions)”,

(b)

in subsection (4) the words “(including increases in pensions)”, and

(c)

subsection (5)(b) and the word “or” immediately preceding it.

Section 75(9).

In section 76—

(a)

subsection (3)(c) (but not the word “and” immediately following it), and

(b)

subsection (5).

Section 77(2) and (3).

Sections 78 to 86.

Section 87(5)(a) and the word “and” immediately after it.

Section 88(4)(a) and the word “and” immediately after it.

In section 89(2), the word “insolvency”.

Sections 96 to 114.

In section 117(2)—

(a)

at the end of paragraph (b), the word “or”, and

(b)

paragraph (c).

Section 118(3).

In section 119, the word “56(3),”.

In section 124(1)—

(a)

in the definition of “employer”, the words “or category”,

(b)

the definitions of “member-nominated director”, “member-nominated trustee” and “minimum funding requirement”, and

(c)

in the definition of “pensionable service”, the words “or category”.

Section 134(3).

Section 142(5).

In section 162(1), the word “and” at the end of paragraph (a).

In section 175(2), the word “or” at the end of paragraph (c).

In section 178(2), the words “1, 2, 21(3)” and “78, 79, 80(4)”.

Schedules 1 and 2.

In Schedule 3, paragraphs 12, 21, 23 and 44(a)(ii).

In Schedule 4, paragraph 21(13) and (14).

In Schedule 5—

(a)

paragraph 20, and

(b)

paragraph 77(b) (but not the word “and” immediately following it).

In Schedule 6, paragraph 6(d).

Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)In Schedule 4, paragraph 98.
Employment Rights Act 1996 (c. 18)In section 58(3)(b), the words “or category”.
Bank of England Act 1998 (c. 11)In Part 4 of Schedule 5, paragraph 71.
Social Security Contributions (Transfer of Functions, Etc.) Act 1999 (c. 2)In Schedule 1, paragraphs 67 and 68.
Welfare Reform and Pensions Act 1999 (c. 30)

Section 2(5) and (6).

Sections 4 and 5.

Section 17.

Section 38(1).

In section 46(1), in the definition of “pensionable service”, the words “or category”.

Section 50(2).

In Schedule 1—

(a)

paragraph 1(2)(a),

(b)

in paragraph 1(2)(b)(i) the word “, 13”,

(c)

in paragraph 1(2)(b)(iii), the words from “except” to the end,

(d)

paragraph 1(2)(b)(ix) and (xi) to (xiii), and

(e)

paragraphs 2 and 3.

In Schedule 2, paragraphs 3(1)(a), 9 and 13 to 16.

In Schedule 12, paragraphs 39(3), 44, 45 to 49, 53, 55 and 60.

Child Support, Pensions and Social Security Act 2000 (c. 19)

In section 42(7), the word “and” at the end of paragraph (c).

Sections 43 to 46.

Section 47(1), (2) and (4).

Section 54.

In Schedule 5—

(a)

paragraph 3(3) and (4),

(b)

paragraph 10,

(c)

paragraph 11, and

(d)

paragraph 12(2), (3) and (4).

In Schedule 9, Part 3(10).

Freedom of Information Act 2000 (c. 36)

In Schedule 1, in Part 6 the entries for—

(a)

the Occupational Pensions Regulatory Authority,

(b)

the Pensions Compensation Board, and

(c)

the Registrar of Occupational and Personal Pension Schemes.

Anti-terrorism, Crime and Security Act 2001 (c. 24)In Part 1 of Schedule 4, paragraph 37.
Employment Act 2002 (c. 22)In Schedule 6, paragraph 1(a) and (b).
Short title and chapterExtent of repeal
Parliamentary Commissioner Act 1967 (c. 13)

In Schedule 2, the entries relating to—

(a)

the Occupational Pensions Regulatory Authority, and

(b)

the Pensions Compensation Board.

House of Commons Disqualification Act 1975 (c. 24)

In Schedule 1, in Part 2, the entries relating to—

(a)

the Occupational Pensions Regulatory Authority, and

(b)

the Pensions Compensation Board.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

In Schedule 1, in Part 2, the entries relating to—

(a)

the Occupational Pensions Regulatory Authority, and

(b)

the Pensions Compensation Board.

Tribunals and Inquiries Act 1992 (c. 53)

Section 10(5)(ba) and the word “or” immediately preceding it.

In Schedule 1, in Part 1, paragraph 35(g) and (h).

Pension Schemes Act 1993 (c. 48)

Section 6.

In section 28—

(a)

in subsection (4), paragraphs (a) and (b) and the word “and” in paragraph (c),

(b)

subsections (4A) and (4B), and

(c)

in subsection (8), the words “, which must not be earlier than the member’s 60th birthday,” in the definition of “the starting date”.

In section 29(1)(aa)(ii), the words from “and is not” to “75th birthday,”.

In section 34(1)(a)(ii), the words “or category”.

Section 99(6).

Section 101J(3).

Section 111.

Section 111A(10).

Section 111B.

In section 123, the definition of “occupational pension scheme” in subsection (3), and subsection (4).

In section 129—

(a)

in subsection (2) the words from “and Chapter IV” to the end, and

(b)

subsection (3)(b).

In section 131(b), the words “payable at any earlier time or”.

In section 132, the words from “or the voluntary” to third “requirements”.

Section 148(5)(ba) and (bb).

Section 149(1), (1A) and (1B).

In section 149(3)—

(a)

paragraph (ba), and

(b)

paragraph (d) and the word “and” immediately preceding it.

In section 149(6)—

(a)

paragraph (c), and

(b)

the word “and” at the end of paragraph (k).

Section 149(8).

In section 151(1), paragraph (c) and the word “and” immediately preceding it.

In section 151(3)—

(a)

paragraphs (ba) and (bb), and

(b)

in paragraph (c) the words “any of paragraphs (a) to (bb)”.

In section 158—

(a)

in subsection (6), the words “Subject to subsection (7)”, and

(b)

subsection (7).

Section 168A.

In section 175—

(a)

in subsection (1), paragraph (a) and the word “or” at the end of paragraph (b), and

(b)

subsections (4) to (7).

In section 177(5)—

(a)

the word “and” at the end of paragraph (a), and

(b)

paragraph (b).

In section 181—

(a)

in subsection (1), the definitions of “the register”, “the Registrar”, and “voluntary contributions requirements”,

(b)

in subsection (3), the words “section 6,”, and

(c)

in subsection (4), the word “6,”.

In section 192(2), the words “section 6(1) and (2) (except paragraph (a)(ii)), (3), (4), and (8),”.

In Schedule 9, paragraphs 5 and 7(2).

Pensions Act 1995 (c. 26)

Sections 1 and 2.

Section 5.

In section 7(1), the words “a trustee of such a scheme ceases to be a trustee”.

Section 7(4).

In section 10(5)(a), the words “as a trustee of a trust scheme”.

Section 11(3).

Section 13.

Sections 16 to 21.

In section 22(1)(b), the word “or” at the end of sub-paragraph (i).

In section 25(2), the words from “but if” to the end.

Sections 26A to 26C.

Section 28(4).

In section 29—

(a)

subsections (3), (4) and (5)(b), and

(b)

in subsection (6), the words “or revocation made”.

In section 30—

(a)

in subsection (2), paragraph (b) and the word “or” immediately preceding it, and

(b)

subsections (7) and (8).

Section 30A.

Section 31.

Section 36(2).

In section 38(2)(b), the word “new”.

Section 41(2)(c).

Section 48.

In section 49, subsection (10)(a) and the word “and” immediately after it.

Section 49A(4).

In section 51(1), the word “and” at the end of sub-paragraph (i) of paragraph (a).

In section 54(3), the definition of “appropriate percentage”.

Sections 56 to 61.

In section 63(4)(c), the words “or category”.

In section 69—

(a)

subsection (3)(a),

(b)

in subsection (4)(a), the words “(a) or”, and

(c)

in subsection (5)(a), the words “either of”.

In section 71A(4), paragraphs (f) and (g).

Section 72A(9)(a) and the word “and” immediately after it.

Section 72B(7) and (8)(b).

Section 72C(2).

Section 73(6)(a) and the word “and” immediately after it.

In section 74—

(a)

in subsection (2) the words “(including increases in pensions)”,

(b)

in subsection (4) the words “(including increases in pensions)”, and

(c)

subsection (5)(b) and the word “or” immediately preceding it.

Section 75(9).

In section 76—

(a)

subsection (3)(c) (but not the word “and” immediately following it), and

(b)

subsection (5).

Section 77(2) and (3).

Sections 78 to 86.

Section 87(5)(a) and the word “and” immediately after it.

Section 88(4)(a) and the word “and” immediately after it.

In section 89(2), the word “insolvency”.

Sections 96 to 114.

In section 117(2)—

(a)

at the end of paragraph (b), the word “or”, and

(b)

paragraph (c).

Section 118(3).

In section 119, the word “56(3),”.

In section 124(1)—

(a)

in the definition of “employer”, the words “or category”,

(b)

the definitions of “member-nominated director”, “member-nominated trustee” and “minimum funding requirement”, and

(c)

in the definition of “pensionable service”, the words “or category”.

Section 134(3).

Section 142(5).

In section 162(1), the word “and” at the end of paragraph (a).

In section 175(2), the word “or” at the end of paragraph (c).

In section 178(2), the words “1, 2, 21(3)” and “78, 79, 80(4)”.

Schedules 1 and 2.

In Schedule 3, paragraphs 12, 21, 23 and 44(a)(ii).

In Schedule 4, paragraph 21(13) and (14).

In Schedule 5—

(a)

paragraph 20, and

(b)

paragraph 77(b) (but not the word “and” immediately following it).

In Schedule 6, paragraph 6(d).

Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)In Schedule 4, paragraph 98.
Employment Rights Act 1996 (c. 18)In section 58(3)(b), the words “or category”.
Bank of England Act 1998 (c. 11)In Part 4 of Schedule 5, paragraph 71.
Social Security Contributions (Transfer of Functions, Etc.) Act 1999 (c. 2)In Schedule 1, paragraphs 67 and 68.
Welfare Reform and Pensions Act 1999 (c. 30)

Section 2(5) and (6).

Sections 4 and 5.

Section 17.

Section 38(1).

In section 46(1), in the definition of “pensionable service”, the words “or category”.

Section 50(2).

In Schedule 1—

(a)

paragraph 1(2)(a),

(b)

in paragraph 1(2)(b)(i) the word “, 13”,

(c)

in paragraph 1(2)(b)(iii), the words from “except” to the end,

(d)

paragraph 1(2)(b)(ix) and (xi) to (xiii), and

(e)

paragraphs 2 and 3.

In Schedule 2, paragraphs 3(1)(a), 9 and 13 to 16.

In Schedule 12, paragraphs 39(3), 44, 45 to 49, 53, 55 and 60.

Child Support, Pensions and Social Security Act 2000 (c. 19)

In section 42(7), the word “and” at the end of paragraph (c).

Sections 43 to 46.

Section 47(1), (2) and (4).

Section 54.

In Schedule 5—

(a)

paragraph 3(3) and (4),

(b)

paragraph 10,

(c)

paragraph 11, and

(d)

paragraph 12(2), (3) and (4).

In Schedule 9, Part 3(10).

Freedom of Information Act 2000 (c. 36)

In Schedule 1, in Part 6 the entries for—

(a)

the Occupational Pensions Regulatory Authority,

(b)

the Pensions Compensation Board, and

(c)

the Registrar of Occupational and Personal Pension Schemes.

Anti-terrorism, Crime and Security Act 2001 (c. 24)In Part 1 of Schedule 4, paragraph 37.
Employment Act 2002 (c. 22)In Schedule 6, paragraph 1(a) and (b).

Prospective

The repeals in sections 148, 149 and 151 of the Pension Schemes Act 1993 (c. 48) relate to those provisions as amended by section 54 of the Child Support, Pensions and Social Security Act 2000 (c. 19) to the extent that those amendments have been brought into force for the purpose of making regulations and rules.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: