Pensions Act 2004

Part 1 E+W+S Repeals

Commencement Information

I1 Sch. 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))

I2 Sch. 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)

I3 Sch. 13 Pt. 1 in force at 6.4.2005 for specified purposes, see s. 322(4)

I4 Sch. 13 Pt. 1 in force at 6.4.2005 for specified purposes by S.I. 2005/1108, art. 2(2), Sch.

I5 Sch. 13 Pt. 1 in force at 6.4.2005 for specified purposes by S.I. 2005/275, art. 2(7), Sch. Pt. 7

I6 Sch. 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))

I7 Sch. 13 Pt. 1 in force at 1.9.2005 for specified purposes by S.I. 2005/2447, art. 2(4), Sch. Pt. 1

I8 Sch. 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)

I9 Sch. 13 Pt. 1 in force at 22.9.2005 for specified purposes by S.I. 2005/2447, art. 2(3)(b)

I10 Sch. 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

I11 Sch. 13 Pt. 1 in force at 9.12.2005 for specified purposes by S.I. 2005/3331, art. 2(2), Sch. Pt. 2

I12 Sch. 13 Pt. 1 in force at 6.4.2006 for specified purposes by S.I. 2006/560, art. 2(3), Sch. Pt. 3

I13 Sch. 13 Pt. 1 in force at 6.4.2006 for specified purposes by S.I. 2005/3331, art. 2(6), Sch. Pt. 6

I14 Sch. 13 Pt. 1 in force at 6.4.2006 for specified purposes by S.I. 2005/1720, art. 2(13)

I15 Sch. 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 chapter	Extent 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 chapter	Extent 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.