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Changes over time for:
Part 3
Timeline of Changes
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.
Status:
Point in time view as at 11/09/2014. This version of this part contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are currently no known outstanding effects for the Pensions Act 2014,
Part 3
.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Part 3 E+W+SInterpretation etc
Interpretation etcE+W+S
15(1)In this Schedule—E+W+S
“active member”—
(a)
in relation to an occupational pension scheme, has the meaning given by section 124(1) of the Pensions Act 1995, and
(b)
in relation to a personal pension scheme, means a member of the scheme in respect of whom contributions are being paid into the scheme;
“automatic transfer scheme” has the meaning given by paragraph 1(2);
“managers”, in relation to a pension scheme (other than a scheme established under a trust), means the persons responsible for the management of the scheme;
“money purchase benefits” has the meaning given by section 181(1) of the Pension Schemes Act 1993;
“money purchase scheme” has the meaning given by section 181(1) of the Pension Schemes Act 1993;
“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993;
“pension scheme” means—
(a)
an occupational pension scheme, or
(b)
a personal pension scheme;
“personal pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993;
“prescribed” means prescribed by regulations made by the Secretary of State;
“qualifying member” has the meaning given by paragraph 1(3);
“the Regulator” means the Pensions Regulator;
“transferable benefits”, and references to a person having transferable benefits, are to be read in accordance with paragraph 1(4);
“transferable benefits scheme” has the meaning given by paragraph 1(5);
“transfer notice” means a notice given under regulations made because of paragraph 3;
“work-based pension scheme” means—
(a)
an occupational pension scheme,
(b)
a personal pension scheme where direct payment arrangements (within the meaning of section 111A of the Pension Schemes Act 1993) exist in respect of one or more members of the scheme who are workers, or
(c)
a personal pension scheme which is or has been registered under section 2 of the Welfare Reform and Pensions Act 1999 (stakeholder pension schemes);
“worker” means a person—
(a)
who is a worker for the purposes of Part 1 of the Pensions Act 2008, or
(b)
to whom a provision of Part 1 of that Act applies as if the person were a worker because of a provision of Chapter 8 of that Part;
but for the purposes of paragraph (b), ignore section 92 of that Act.
(2)The Secretary of State may by regulations make provision about when contributions to a pension scheme are to be regarded as having ceased for the purposes of paragraph 1(4)(c) or 14(4).
Prospective
Crown applicationE+W+S
16(1)This Schedule applies to a pension scheme managed by or on behalf of the Crown as it applies to other pension schemes.E+W+S
(2)Accordingly, references in this Schedule to a person in the person's capacity as a trustee or manager of a pension scheme include the Crown, or a person acting on behalf of the Crown, in that capacity.
(3)This Schedule applies to persons employed by or under the Crown as it applies to persons employed by a private person.
Prospective
Overriding provisionE+W+S
17(1)Regulations under this Schedule may provide that specified provisions override any provision of an automatic transfer scheme or transferable benefits scheme to the extent that it conflicts with them.E+W+S
(2)A “specified provision” is a provision of regulations under this Schedule specified in the regulations for the purposes of this paragraph.
Prospective
Other provision relating to regulations under this ScheduleE+W+S
18(1)Regulations under this Schedule may amend or otherwise modify any enactment (whenever passed or made).E+W+S
(2)Regulations made because of sub-paragraph (1) may in particular amend section 175(1) of the Pension Schemes Act 1993 (levies towards certain expenditure) so as to include expenditure of the Secretary of State or the Commissioners for Her Majesty's Revenue and Customs under the regulations.
(3)In this paragraph “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.
19E+W+SBefore making any regulations under this Schedule, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
Prospective
AmendmentsE+W+S
20(1)The Pension Schemes Act 1993 is amended as follows.E+W+S
(2)In section 94(2A) (right to cash equivalent)—
(a)in paragraph (a), after sub-paragraph (vii) insert—
“(viii)regulations made under Schedule 17 to the Pensions Act 2014;”;
(b)in paragraph (b), after sub-paragraph (v) insert—
“(vi)regulations made under paragraph 17 of Schedule 17 to the Pensions Act 2014;”.
(3)In section 101AI(8) (rights to cash transfer sum and contribution refund: further provisions)—
(a)in paragraph (a), after sub-paragraph (vii) insert—
“(viii)regulations made under Schedule 17 to the Pensions Act 2014;”;
(b)in paragraph (b), after sub-paragraph (v) insert—
“(vi)regulations made under paragraph 17 of Schedule 17 to the Pensions Act 2014;”.
21E+W+SIn section 256 of the Pensions Act 2004 (no indemnification for fines or civil penalties), in subsection (1)(b)—
(a)for “or section” substitute “ , section ”;
(b)after “2008” insert “ or paragraph 10 of Schedule 17 to the Pensions Act 2014 ”.
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