Pensions Act 2004

91 Procedure for issue and publication of codes of practice E+W+S

(1) Where the Regulator proposes to issue a code of practice [F1 under section 90 or 90A] it must prepare and publish a draft of the code.

(2) Where the Regulator publishes a draft under subsection (1), it must consult—

(a) such persons as it considers appropriate, and

(b) any other persons the Secretary of State requires it to consult.

(3) Having considered any representations made on the draft, the Regulator must make such modifications to it as it considers appropriate.

(4) Subsections (2) and (3) do not apply—

(a) to a code made for the purpose only of consolidating other codes issued under section 90 [F2 or 90A], or

(b) to a code if the Secretary of State considers consultation inexpedient by reason of urgency.

(5) If the Regulator determines to proceed with a draft, it must send it to the Secretary of State who—

(a) if he approves of it, must lay it before Parliament, and

(b) if he does not approve of it, must publish details of his reasons for withholding approval.

(6) Where a draft is laid before Parliament under subsection (5)(a)—

(a) if within the period mentioned in subsection (7) either House so resolves, no further proceedings may be taken on the draft code;

(b) if no such resolution is passed, the Regulator must issue the code in the form of the draft.

(7) The period referred to in subsection (6)(a) is the period of 40 days—

(a) beginning with the day on which the draft is laid before Parliament (or, if it is laid before the two Houses on different days, with the later of the two days), and

(b) ignoring any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(8) The fact that no further proceedings may be taken on a draft code in accordance with subsection (6)(a) does not prevent the laying of a new draft.

(9) A code issued in accordance with subsection (6)(b) shall come into effect on such day as the Secretary of State may by order appoint.

Without prejudice to section 315, such an order may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code of practice brought into operation.

(10) The Regulator must arrange for any code issued by it under section 90 [F3 or 90A] to be published in the way appearing to it to be appropriate.

(11) The Regulator may charge a reasonable fee for providing a person with a copy of a code published under this section.

(12) This section applies to a revised code as it applies to the first issue of a code.

Textual Amendments

F1 Words in s. 91(1) inserted (1.11.2013) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 4 para. 15(2) (with Sch. 11 para. 8); S.I. 2013/2818, art. 3(d)

F2 Words in s. 91(4)(a) inserted (1.11.2013) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 4 para. 15(3) (with Sch. 11 para. 8); S.I. 2013/2818, art. 3(d)

F3 Words in s. 91(10) inserted (1.11.2013) by Public Service Pensions Act 2013 (c. 25), s. 41(2), Sch. 4 para. 15(3) (with Sch. 11 para. 8); S.I. 2013/2818, art. 3(d)

Modifications etc. (not altering text)

C1 S. 91(9) power exercised: 6.4.2005 appointed by S.I. 2005/1108, art. 2(1)

C2 S. 91(9) power exercised: 30.6.2005 appointed by S.I. 2005/1720, art. 2(1)

C3 S. 91(9) power exercised: 22.11.2006 appointed by S.I. 2006/3079, art. 2

C4 S. 91(9) power fully exercised: 24.1.2007 appointed by S.I. 2007/76, art. 2

C5 S. 91(9) power exercised: 28.7.2008 appointed by S.I. 2008/1882, art. 2

C6 S. 91(9) power exercised: 29.6.2009 appointed by S.I. 2009/1565, art. 2

C7 S. 91(9) power exercised: 26.11.2009 appointed by S.I. 2009/3068, art. 2

Commencement Information

I1 S. 91(1)-(9) in force at 17.12.2004 by S.I. 2004/3350, art. 2, Sch.

I2 S. 91(10)-(12) in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7