Pensions Act 2004

Welfare Reform and Pensions Act 1999 (c. 30) E+W+S

71 E+W+S The Welfare Reform and Pensions Act 1999 is amended as follows.

Commencement Information

I1 Sch. 12 para. 71 in force at 6.4.2005 by S.I. 2005/1108, art. 2(2), Sch.

Prospective

72 E+W+S In section 1 (stakeholder pension schemes), in subsection (6), after “members etc)” insert “ and of regulations under section 237 of the Pensions Act 2004 (combined pension forecasts) ”.

73 E+W+S In section 2 (registration of stakeholder pension schemes)—

(a) in subsection (1) for “Occupational Pensions Regulatory Authority (“the Authority”)” substitute “ Authority ”,

(b) in subsection (3) after “may” insert “ by direction ”, and

(c) in subsection (4) for the words from “Section 3” to “Act applies” substitute “ Section 10 of the Pensions Act 1995 (“the 1995 Act”) (civil penalties) applies to any trustee of a pension scheme which is or has been registered under this section, and ”.

Commencement Information

I2 Sch. 12 para. 73 in force at 6.4.2005 by S.I. 2005/695, art. 2(7), Sch. 1 (with arts. 4-6, Sch. 2, Sch. 3)

Valid from 22/09/2005

74 E+W+S In section 8(2)(a) (providing for stakeholder pension schemes to be treated as personal pension schemes), after “is” insert “ prescribed or is ”.

Valid from 04/12/2005

75 E+W+S In section 38 (treatment in winding up)—

(a) in subsection (2), for “section 56 of the Pensions Act 1995” substitute “ this section ”, and

(b) after that subsection insert—

“(2A) This section applies to an occupational pension scheme other than—

(a) a money purchase scheme, or

(b) a prescribed scheme or a scheme of a prescribed description.”

76 (1) Paragraph 1 of Schedule 1 (application of enactments relating to occupational schemes to certain stakeholder schemes) is amended as follows. E+W+S

(2) In sub-paragraph (2), in paragraph (b)—

(a) in sub-paragraph (i) for the words from “except” to the end substitute “except sections 7(5A)(b), 8(1)(a) and (c) and (2), 11(3A) and (3B) and 15(1),

(b) in sub-paragraph (ii) for “31” substitute “ 30 ”,

(c) in sub-paragraph (iii) omit the words from “except” to the end,

(d) for sub-paragraph (v) substitute—

“(v) section 47 (professional advisers);”, and

(e) in sub-paragraph (vii) for “section 50” substitute “ sections 50 to 50B ”.

(3) After that paragraph insert “; and

(c) the following provisions of the Pensions Act 2004—

(i) section 67 (accessibility of register of prohibited trustees);

(ii) Chapters 4 and 5 of Part 2 (fraud compensation and information gathering);

(iii) sections 247 to 249 (requirements for knowledge and understanding); and

(iv) section 318 (interpretation).”

(4) In sub-paragraph (5), after “1995 Act” insert “ , and section 318(1) of the Pensions Act 2004, ”.

(5) After sub-paragraph (5) insert—

“(6) Chapters 4 and 5 of Part 2 of the Pensions Act 2004 (as applied by sub-paragraph (1)) shall have effect with such modifications as the Secretary of State may prescribe by regulations.”

Commencement Information

I3 Sch. 12 para. 76(2)(a)(4) in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7

I4 Sch. 12 para. 76(3) in force at 30.6.2005 for specified purposes in so far as it relates to sections 67 and 318 of the Act by S.I. 2005/1720, art. 2(12)

77 (1) Schedule 5 (pension credits: mode of discharge) is amended as follows. E+W+S

(2) In paragraph 8(1)(b), for the words from “section 56” to “related schemes)” substitute “ Part 3 of the Pensions Act 2004 (scheme funding) ”.

(3) After paragraph 13 insert—

“13A The provisions of this Schedule are subject to—

(a) section 73A(3) and (6) of the Pensions Act 1995 (prohibition on new members during winding up of scheme: exception for discharge of pension credit derived from the scheme), and

(b) section 133(2) and (8) of the Pensions Act 2004 (prohibition on new members during an assessment period in relation to a scheme: exception for discharge of pension credit derived from the scheme).”

Commencement Information

I5 Sch. 12 para. 77(1)(3) in force at 6.4.2005 by S.I. 2005/695, art. 2(7), Sch. 1 (with arts. 4-6, Sch. 2, Sch. 3)