- Latest available (Revised)
- Original (As enacted)
Pensions Act 2004, Section 91 is up to date with all changes known to be in force on or before 17 August 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.
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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Where the Regulator proposes to issue a code of practice [F1under section 90 or 90A] it must prepare and publish a draft of the code.
(2)Where the Regulator publishes a draft under subsection (1), it must consult—
(a)such persons as it considers appropriate, and
(b)any other persons the Secretary of State requires it to consult.
(3)Having considered any representations made on the draft, the Regulator must make such modifications to it as it considers appropriate.
(4)Subsections (2) and (3) do not apply—
(a)to a code made for the purpose only of consolidating other codes issued under section 90 [F2or 90A], or
(b)to a code if the Secretary of State considers consultation inexpedient by reason of urgency.
(5)If the Regulator determines to proceed with a draft, it must send it to the Secretary of State who—
(a)if he approves of it, must lay it before Parliament, and
(b)if he does not approve of it, must publish details of his reasons for withholding approval.
(6)Where a draft is laid before Parliament under subsection (5)(a)—
(a)if within the period mentioned in subsection (7) either House so resolves, no further proceedings may be taken on the draft code;
(b)if no such resolution is passed, the Regulator must issue the code in the form of the draft.
(7)The period referred to in subsection (6)(a) is the period of 40 days—
(a)beginning with the day on which the draft is laid before Parliament (or, if it is laid before the two Houses on different days, with the later of the two days), and
(b)ignoring any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(8)The fact that no further proceedings may be taken on a draft code in accordance with subsection (6)(a) does not prevent the laying of a new draft.
(9)A code issued in accordance with subsection (6)(b) shall come into effect on such day as the Secretary of State may by order appoint.
Without prejudice to section 315, such an order may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code of practice brought into operation.
(10)The Regulator must arrange for any code issued by it under section 90 [F3or 90A] to be published in the way appearing to it to be appropriate.
(11)The Regulator may charge a reasonable fee for providing a person with a copy of a code published under this section.
(12)This section applies to a revised code as it applies to the first issue of a code.
Textual Amendments
F1Words in s. 91(1) inserted (1.11.2013) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 4 para. 15(2) (with Sch. 11 para. 8); S.I. 2013/2818, art. 3(d)
F2Words in s. 91(4)(a) inserted (1.11.2013) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 4 para. 15(3) (with Sch. 11 para. 8); S.I. 2013/2818, art. 3(d)
F3Words in s. 91(10) inserted (1.11.2013) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 4 para. 15(3) (with Sch. 11 para. 8); S.I. 2013/2818, art. 3(d)
Modifications etc. (not altering text)
C1S. 91(9) power exercised: 6.4.2005 appointed by S.I. 2005/1108, art. 2(1)
C2S. 91(9) power exercised: 30.6.2005 appointed by S.I. 2005/1720, art. 2(1)
C3S. 91(9) power exercised: 22.11.2006 appointed by S.I. 2006/3079, art. 2
C4S. 91(9) power fully exercised: 24.1.2007 appointed by S.I. 2007/76, art. 2
C5S. 91(9) power exercised: 28.7.2008 appointed by S.I. 2008/1882, art. 2
C6S. 91(9) power exercised: 29.6.2009 appointed by S.I. 2009/1565, art. 2
C7S. 91(9) power exercised: 26.11.2009 appointed by S.I. 2009/3068, art. 2
Commencement Information
I1S. 91(1)-(9) in force at 17.12.2004 by S.I. 2004/3350, art. 2, Sch.
I2S. 91(10)-(12) in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
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?
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?
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.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: