- Latest available (Revised)
- Point in Time (28/11/2017)
- Original (As enacted)
Version Superseded: 31/12/2020
Point in time view as at 28/11/2017.
Pensions Act 2004, SCHEDULE 3 is up to date with all changes known to be in force on or before 14 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 86
Commencement Information
I1Sch. 3 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7
Persons | Functions |
---|---|
The Secretary of State. | Functions under— (a) Part 14 of the Companies Act 1985 (c. 6), (b) the Insolvency Act 1986 (c. 45), (c) Part 3 of the Companies Act 1989 (c. 40), (d) Part 1 of the Export and Investment Guarantees Act 1991 (c. 67) (apart from sections 5 and 6), (e) Part 3 of the Pension Schemes Act 1993 (c. 48), (f) Part 5 of the Police Act 1997 (c. 50), (g) the Financial Services and Markets Act 2000 (c. 8), (ga) [F1 Section 17 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (levy to pay expenses of bodies concerned with accounting standards, actuarial standards etc), or] (h) this Act, and functions of co-operating with overseas government authorities and bodies in relation to criminal matters. |
The Bank of England. | Any of its functions [F2, apart from its functions as the Prudential Regulation Authority] |
[F3The Financial Conduct Authority | Any of its functions |
The Prudential Regulation Authority | Any of its functions] |
[F4The Charity Commission . | Functions under the Charities Act 2006 or the Charities Act 2011.] |
The Pensions Regulator Tribunal. | Any of its functions. |
[F5The First-tier Tribunal | Functions relating to decisions of the Regulator |
The Upper Tribunal | Functions relating to decisions of the Regulator] |
The Pensions Ombudsman. | Functions under— (a) the Pension Schemes Act 1993 (c. 48), or (b) the Pension Schemes (Northern Ireland) Act 1993 (c. 49). |
The Ombudsman for the Board of the Pension Protection Fund. | Any of his functions. |
The Comptroller and Auditor General. | Any of his functions. |
The Auditor General for Wales. | Any of his functions. |
The Auditor General for Scotland. | Any of his functions. |
The Comptroller and Auditor General for Northern Ireland. | Any of his functions. |
The Commissioners of Inland Revenue or their officers. | Functions under— (a) the Income and Corporation Taxes Act 1988 (c. 1), (b) the Taxation of Chargeable Gains Act 1992 (c. 12), (c) Part 3 of the Pension Schemes Act 1993, (d) Part 3 of the Pension Schemes (Northern Ireland) Act 1993, F6... (f) the Income Tax (Trading and Other Income) Act 2005 (so far as relating to functions previously exercised under the Income and Corporation Taxes Act 1988).] F9... (g) [F10Part 4 of the Finance Act 2004 (c. 12).] [F11or— (h) the Income Tax Act 2007 (so far as relating to functions previously exercised under the Income and Corporation Taxes Act 1988).] |
The Commissioners of Customs and Excise. | Functions under any enactment. |
The Official Receiver or, in Northern Ireland, the Official Receiver for Northern Ireland. | Functions under the enactments relating to insolvency. |
An inspector appointed by the Secretary of State. | Functions under Part 14 of the Companies Act 1985 (c. 6). |
A person authorised to exercise powers under— (a) section 447 of the Companies Act 1985, (b) F12... (c) section 84 of the Companies Act 1989 (c. 40). | Functions under those sections F13.... |
A person appointed under— (a) section 167 of the Financial Services and Markets Act 2000 (c. 8), (b) subsection (3) or (5) of section 168 of that Act, or (c) section 284 of that Act, to conduct an investigation. | Functions in relation to that investigation. |
A body designated under section 326(1) of that Act. | Functions in its capacity as a body designated under that section. |
[F14 A recognised investment exchange, recognised clearing house, [F15recognised CSD, EEA CSD, third country CSD,] EEA central counterparty or third country central counterparty (as defined by section 285 of that Act). | Functions in its capacity as an exchange, clearing house [F16, central securities depository] or central counterparty.] |
A body corporate established in accordance with section 212(1) of that Act. | Functions under the Financial Services Compensation Scheme, established in accordance with section 213 of that Act. |
The Panel on Takeovers and Mergers. | Functions under the City Code on Takeovers and Mergers and the Rules Governing Substantial Acquisitions of Shares for the time being issued by the Panel. |
The General Insurance Standards Council. | Functions of regulating sales and advisory and service standards in relation to insurance. |
A recognised professional body (within the meaning of section 391 of the Insolvency Act 1986 (c. 45)). | Functions in its capacity as such a body under that Act. |
A person on whom functions are conferred by or under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (c. 29). | The functions so conferred. |
[F17A special health authority established under section 28 of the National Health Service Act 2006 directed to carry out counter fraud functions of the Secretary of State within the meaning of section 195 of that Act] | Any of its functions. |
The Department of Enterprise, Trade and Investment in Northern Ireland. | |
The Department for Social Development in Northern Ireland. | Functions under Part 3 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49). |
F19. . . | F19. . . |
A recognised professional body within the meaning of Article 350 of the Insolvency (Northern Ireland) Order 1989. | Functions in its capacity as such a body under that Order. |
F20. . . | F20. . . |
[F21Any body carrying on activities concerned with any of the matters set out in section 16(2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c.27) F22... (a “relevant body”), any subsidiary [F23(as defined in section 1159 of the Companies Act 2006)] of a relevant body and any body established under the constitution of a relevant body or such a subsidiary. | Its functions relating to carrying on activities concerned with any of the following matters— (a) issuing standards to be applied in actuarial work, (b) issuing standards in respect of matters to be contained in reports or other communications required to be produced or made by actuaries or in accordance with standards within paragraph (a), (c) investigating departures from standards within paragraph (a) or (b), (d) taking steps to secure compliance with standards within paragraph (a) or (b), (e) carrying out investigations into public interest cases arising in connection with the performance of actuarial functions by members of the [F24Institute and Faculty of Actuaries (“Institute and Faculty”), or persons who are not such members but are subject to the rules of that body in performing actuarial functions (“members”),] (f) holding disciplinary hearings relating to members following the conclusion of investigations within paragraph (e), (g) deciding whether (and, if so, what) disciplinary action should be taken against members to whom hearings within paragraph (f) related, (h) supervising the exercise by the [F24Institute and Faculty] of: (i) investigatory or disciplinary functions exercised by the [F24Institute and Faculty] in relation to the performance by their members of actuarial functions, (ii) the setting by the [F24Institute and Faculty] of standards in relation to the performance by their members of actuarial functions, and (iii) the determining by the [F24Institute and Faculty] of requirements in relation to the education and training of their members, (i) overseeing or directing any of the matters mentioned in paragraphs (a) to (h), and functions relating to the funding of activities concerned with any of the matters mentioned in paragraphs (a) to (i). Any functions in connection with any levy payable to it under section 17 of the Companies (Audit, Investigations and Community Enterprise) Act 2004. |
A member of the panel appointed under paragraph 4 of Schedule 17 to the Financial Services and Markets Act 2000 (c.8) by the body corporate [F25mentioned in] paragraph 2 of that Schedule. | Functions under— (a) Part 3 (the compulsory jurisdiction), (b) Part 3A (the consumer credit jurisdiction), and (c) Part 4 (the voluntary jurisdiction) of that Schedule to that Act. |
The Gambling Commission. | Functions under— (a) the Gaming Act 1968 (c.65), (b) the Lotteries and Amusements Act 1976 (c.32), and (c) the Gambling Act 2005 (c.19).] |
[F26Disclosure and Barring Service | Functions under Part 5 of the Police Act 1997] |
[F27Director of Labour Market Enforcement or a member of staff provided to the Director under section 1(4) of the Immigration Act 2016. | Any of the Director's functions.] |
Textual Amendments
F1Words in Sch. 3 substituted (1.10.2009) by Companies Act 2006 (c. 46), ss. 1275(7), 1300(2); S.I. 2008/2860, art. 3(y) (with arts. 7, 8, Sch. 2 para. 1)
F2Words in Sch. 3 inserted (1.3.2017) by The Bank of England and Financial Services (Consequential Amendments) Regulations 2017 (S.I. 2017/80), reg. 1, Sch. para. 15(a)
F3Words in Sch. 3 substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 104(3)(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F4Words in Sch. 3 substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 101 (with s. 20(2), Sch. 8)
F5Words in Sch. 3 inserted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 87 (with Sch. 5)
F6Word in Sch. 3 repealed (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 658(a), Sch. 3 (with Sch. 2)
F7Word in Sch. 3 omitted (6.4.2006) by virtue of The Taxation of Pension Schemes (Consequential Amendments) Order 2006 (S.I. 2006/745), arts. 1, 18(2)(a)
F8Words in Sch. 3 inserted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 658(b) (with Sch. 2)
F9Word in Sch. 3 repealed (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 487(a), Sch. 3 Pt. 1 (with Sch. 2)
F10Words in Sch. 3 added (6.4.2006) by The Taxation of Pension Schemes (Consequential Amendments) Order 2006 (S.I. 2006/745), arts. 1, 18(2)(c)
F11Words in Sch. 3 inserted (6.4.2007) by Income Tax Act 2007 (c. 3), s. 1034(1), Sch. 1 para. 487(b) (with Sch. 2)
F12Words in Sch. 3 omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 243(12)(a)(i) (with art. 10)
F13Words in Sch. 3 omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 243(12)(a)(ii) (with art. 10)
F14Words in Sch. 3 substituted (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 23(2) (with regs. 52-58)
F15Words in Sch. 3 inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 10(2)(a) (with regs. 7(4), 9(1))
F16Words in Sch. 3 inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 10(2)(b) (with regs. 7(4), 9(1))
F17Words in Sch. 3 substituted (1.11.2017) by The NHS Counter Fraud Authority (Investigatory Powers and Other Miscellaneous Amendments) Order 2017 (S.I. 2017/960), arts. 1(1), 2
F18Words in Sch. 3 omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 243(12)(b) (with art. 10)
F19Sch. 3 entry omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 243(12)(c) (with art. 10)
F20Sch. 3 entry omitted (7.12.2006) by virtue of The Pensions Act 2004 (Disclosure of Restricted Information) (Amendment of Specified Persons) Order 2006 (S.I. 2006/2937), arts. 1, 2(a)
F21Words in Sch. 3 added (7.12.2006) by The Pensions Act 2004 (Disclosure of Restricted Information) (Amendment of Specified Persons) Order 2006 (S.I. 2006/2937), arts. 1, 2(b)
F22Words in Sch. 3 omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 243(12)(d)(i) (with art. 10)
F23Words in Sch. 3 substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 243(12)(d)(ii) (with art. 10)
F24Words in Sch. 3 substituted (6.4.2012) by The Pensions Act 2004 (Disclosure of Restricted Information by the Pensions Regulator “ Amendment) Order 2012 (S.I. 2012/691), arts. 1(1), 2
F25Words in Sch. 3 substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 104(3)(b) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F26Words in Sch. 3 inserted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 84 (with Pt. 4)
F27Words in Sch. 3 inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 25; S.I. 2016/603, reg. 3(u)
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 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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: