Part 9Miscellaneous and supplementary

Regulations and orders

316Parliamentary control of subordinate legislation

(1)

Subject to subsections (2) and (3), a statutory instrument containing regulations or an order or rules under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(2)

A statutory instrument which contains—

(a)

regulations under section 117(1) or (3) (administration levy in respect of expenditure relating to the Board of the Pension Protection Fund);

(b)

regulations under section 167 (modification of Chapter 3 of Part 2 where liabilities discharged during the assessment period);

(c)

regulations under section 174 (the initial levy);

(d)

regulations under section 175 (pension protection levies);

(e)

an order under section 177(6) (orders relating to amounts to be raised by pension protection levies);

(f)

an order under section 178(1) (the levy ceiling);

(g)

an order or regulations under section 209 (the PPF Ombudsman);

(h)

regulations under section 213 (reference of reviewable matter to the PPF Ombudsman);

(i)

regulations under section 214 (investigation by PPF Ombudsman of complaints of maladministration);

(j)

regulations under section 237 (combined pension forecasts);

(k)

regulations under section 238 (information and advice to employees);

(l)

an order under section 243(1) (power to provide for minimum fraction of member-nominated trustees or directors to be one-half);

(m)

regulations which make provision by virtue of section 261(2)(f) (power to make amendments etc to certain Acts);

(n)

regulations under section 286 (financial assistance scheme for members of certain pension schemes);

(o)

regulations which make provision by virtue of section 314(b) (power to provide for contravention of regulations to be criminal offence);

(p)

regulations under section 318(4)(b) (power to extend meaning of employer);

(q)

an order under section 319(2)(a) (power to make consequential amendments to Acts);

(r)

an order under paragraph 24(8) of Schedule 7 (power to vary percentage of periodic compensation that can be commuted);

(s)

an order under paragraph 26(7) of that Schedule (orders specifying the compensation cap in respect of payments from the Pension Protection Fund); or

(t)

an order under paragraph 30(1) of that Schedule (power to vary percentage paid as compensation from the Pension Protection Fund);

must not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3)

Subsection (1) does not apply to—

(a)

an order under section 91(9) (commencement of code of practice);

(b)

an order under section 126(2) (schemes winding up before day appointed by order not eligible schemes for purposes of Part 2);

(c)

an order under section 182(10) (order appointing day after which losses of non-trust schemes are relevant for fraud compensation purposes);

(d)

an order under section 322 (commencement).