The Pensions Act 2004 (Commencement No. 2, Transitional Provisions and Consequential Amendments) Order 2005

Appointed days

2.—(1) The day appointed for the coming into force of the provisions of the Act specified in Part 1 of the Schedule—

(a) for the purpose only of conferring power to make regulations or orders, as the case may be, is 10th February 2005; and

(b) for all other purposes, is 8th March 2005.

(2) The day appointed for the coming into force of the provisions of the Act specified in Part 2 of the Schedule—

(a) for the purpose only of conferring power to make regulations, is 10th February 2005; and

(b) for all other purposes, is 1st April 2005.

(3) Subject to paragraphs (8) and (10), the day appointed for the coming into force of the provisions of the Act specified in Part 3 of the Schedule—

(a) for the purpose only of conferring power to make regulations, orders or rules, as the case may be, is 10th February 2005; and

(b) for all other purposes, is 6th April 2005.

(4) The day appointed for the coming into force of the provisions of the Act specified in Part 4 of the Schedule is 10th February 2005.

(5) The day appointed for the coming into force of the provisions of the Act specified in Part 5 of the Schedule is 8th March 2005.

(6) The day appointed for the coming into force of the provisions of the Act specified in Part 6 of the Schedule is 1st April 2005.

(7) Subject to paragraph (12), the day appointed for the coming into force of the provisions of the Act specified in Part 7 of the Schedule is 6th April 2005.

(8) Paragraph (3) does not apply as respects section 270 of the Act, so far as it affects sections 73 and 74 of the 1995 Act as they apply immediately before 6th April 2005 to any scheme which–

(a) was regarded at that time by virtue of regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations 1996(1) as having begun to be wound up for the purposes of those Regulations; or

(b) in accordance with section 124(3A) to (3E) of the 1995 Act(2) began to wind up before that date.

(9) In paragraph (8) the reference to a scheme includes a reference to any section of a scheme to which sections 73 and 74 of the 1995 Act apply as if it were a scheme by virtue of regulation 12 of those Regulations.

(10) Paragraph (3) does not apply as respects section 271 of the Act, so far as it affects section 75 of the 1995 Act as it applies immediately before 6th April 2005 to–

(a) any scheme other than a money purchase scheme in the case of which a debt to the trustees or managers of the scheme has been treated as arising under section 75(1) of the 1995 Act before that date;

(b) any scheme regarded at that time by virtue of regulation 2 of the Occupational Pension Schemes (Deficiency on Winding Up etc.) Regulations 1996(3) as having begun to be wound up for the purposes of those Regulations; or

(c) any scheme which in accordance with section 124(3A) to (3E) of the 1995 Act began to wind up before that date.

(11) In paragraph (10) the reference to a scheme includes a reference to any section of a scheme to which section 75 of the 1995 Act applies as if it were a scheme by virtue of regulation 4 or 8 of those Regulations.

(12) Paragraph (7) does not apply as respects section 265 of the Act, so far as it affects any period of paternity leave or adoption leave which began before 6th April 2005.

(1)

S.I. 1996/3126.

(2)

Subsections (3) to (3E) were inserted into section 124 by section 49(2) of the Child Support, Pensions and Social Security Act 2000 (c. 19)

(3)

S.I. 1996/3128.