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Statutory Instruments

1994 No. 1062

PENSIONS

The Occupational and Personal Pension Schemes (Consequential Amendments) Regulations 1994

Made

12th April 1994

Laid before Parliament

21st April 1994

Coming into force

12th May 1994

The Secretary of State for Social Security in exercise of the powers conferred upon him by the provisions specified in Schedule 1 to these Regulations, and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals as required by section 8(1) of the Tribunals and Inquiries Act 1992(1)and section 185(8) of the Pension Schemes Act 1993(2), not being required to refer the proposals in respect of these Regulations to the Social Security Advisory Committee or the Occupational Pensions Board because this instrument contains only regulations made consequential upon the Pension Schemes Act 1993 and the Pension Schemes (Northern Ireland) Act 1993(3)and is made before the end of the period of 6 months beginning with the coming into force of those enactments(4), hereby makes the following Regulations—

Citation and commencement

1.—(1) These Regulations may be cited as the Occupational and Personal Pension Schemes (Consequential Amendments) Regulations 1994.

(2) These Regulations come into force on 12th May 1994.

Amendments consequential on the Pension Schemes Act 1993 and the Pension Schemes (Northern Ireland) Act 1993

2. The Regulations mentioned in Schedule 2 to these Regulations shall have effect with the amendments specified in that Schedule (which substitute references to provisions of the Pension Schemes Act 1993 and the Pension Schemes (Northern Ireland) Act 1993 for references to the corresponding provisions repealed by hose Acts and make other amendments consequential on the passing of the Pension Schemes Act 1993).

Signed by authority of the Secretary of State for Social Security.

William Hague

Parliamentary Under-Secretary of State,Department of Social Security

12th April 1994

SCHEDULE 1PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS

Sections 6, 7(1),(6) and (7), 8(3), 9(2),(3) and (5), 10(2) and (3), 11(5), 12(3), 19, 20(1),(2) and (3), 21, 22, 23(1) and (7), 24(3), 26, 27(3), 28(2),(3),(4) and (5), 29, 30(1), 32, 34(1) and (8), 35(6), 36(6), 39, 43(1),(3) and (4), 44, 45(3), 48(2) and (4), 50(4) and (5), 51(4), 55(2),(3) and (5), 56(1) and (2), 57(1),(2) and (4), 59(2) and (3), 60(7), 61(5), 62(2), 63(2), 71(6), 73(1) and (4), 75(1) and (7), 77(5) and (6), 82, 88(1), 95(2) to (6), 97, 98(1) and (2), 111, 112(1), 113(1), (3) and (4), 114, 116, 117, 118 (3) and (4), 119(3), 135(1), 136(1), 138(7), 144(5), 146(4) and (6), 153(1),(2),(3),(5) and (6), 154, 156, 160(1), 163(2),(4),(5) and (6), 165(6), 172(4), 175, 178, 181(1),(2),(3) and (4), 182(2) and (3), 183(1) and (3) of, and paragraph 10(1),(2) and (4) of Schedule 1, Schedule 2, paragraph 5(2) of Schedule 3 and paragraph 17 of Schedule 6 to, the Pension Schemes Act 1993.

Regulation 2

SCHEDULE 2AMENDMENTS TO ENACTMENTS

The Occupational Pensions Board (Determinations and Review Procedure) Regulations 1973(5)

1.—(1) The Occupational Pensions Board (Determinations and Review Procedure) Regulations 1973 shall be amended as follows—

(2) In regulation 1(2)—

(a)in the definition of “the Act” for “Social Security Act 1973” substitute “Pension Schemes Act 1993”;

(b)in the definition of “the court” for “section 86(2)” substitute “section 173(8)”;

(c)in the definition of “referred question” for “section 55(4) or 60(2) of the Social Security Pensions Act 1975” and “Article 57(4) or 70(2) of the Social Security Pensions (Northern Ireland) Order 1975” substitute respectively “section 170(3) or (5) of the Act” and “section 165(3) and (5) of the Pension Schemes (Northern Ireland) Act 1993”;

(d)in the definition of “referring authority” for “section 5) of that Act”, “Article 57(4) of that Order”, “section 60(2) of that Act” and “Article 70(2) of that Order” substitute respectively “section 170(5) of the Act”, “section 165(5) of the Pension Schemes (Northern Ireland) Act 1993”, “section 170(3) of the Act” and “section 165(3) of the Pension Schemes (Northern Ireland) Act 1993”.

(3) In regulation 2(1) for “section 67(2)” and “Article 62(2) of the Social Security Pensions (Northern Ireland) Order 1975” substitute respectively “section 172(2)” and “section 167(2) of the Pension Schemes (Northern Ireland) Act 1993”.

(4) In regulation 5(2) for “section 55(4) of the Social Security Pensions Act 1975” and “Article 57(4) of the Social Security Pensions (Northern Ireland) Order 1975” substitute respectively “section 170(5) of the Act” and “section 165(5) of the Pension Schemes (Northern Ireland)Act 1993”.

(5) In regulation 5(3) for “section 67” and “Article 62 of the Social Security Pensions (Northern Ireland) Order 1975” substitute respectively “section 172” and “section 167 of the Pension Schemes (Northern Ireland) Act 1993”.

(6) In regulation 7—

(a)in paragraph (1) for “sections 63 and 67 of, and Schedule 16 to, the Act, Part III and sections 53 to 56 of, and Schedule 2 to, the Social Security Pensions Act 1975” and “Part IV and Articles 55 to 59 and 62 of, and Schedules 2 and 3 to, the Social Security Pensions (Northern Ireland) Order 1975” substitute respectively “the Act” and “the Pension Schemes (Northern Ireland) Act 1993”;

(b)in paragraph (2) for “section 67” and “Article 62 of the Social Security Pensions (Northern Ireland) Order 1975” substitute respectively “section 172” and “section 167 of the Pension Schemes (Northrn Ireland) Act 1993”.

The Occupational Pension Schemes (Equal Access to Membership) Regulations 1976(6)

2.—(1) The Occupational Pension Schemes (Equal Access to Membership)

Regulations 1976 shall be amended as follows—

(2) In regulation 1(2)

in the definition of “the Act” for “Social Security Pensions Act 1975” substitute “Pension Schemes Act 1993”.

(3) In regulation 2(1) for “sections 53 to 56” substitute “section 118” and at the end insert “and of the other provisions of the Act as they have effect for the purposes of those requirements”.

(4) In regulation 3 for “section 55 of the Act” substitute “section 134 of the Act as it has effect for the purposes of the equal access requirements”.

(5) In regulation 13(1)(b) for “section 56(4)” substitute “section 140(3)”.

(6) In regulation 14(4) for “Subsections (2) to (4) of section 56” substitute “Sections 139(3) and 140(2) to (6)”.

The Occupational Pensions Board (Determinations and Review Procedure) Regulations 1976(7)

3.—(1) The Occupational Pensions Board (Determinations and Review Procedure)

Regulations 1976 shall be amended as follows—

(2) In regulation 1(2)—

(a)in the definition of “the Act” for “Social Security Act 1973” substitute “Pension Schemes Act 1993”;

(b)in the definition of “money purchase contracted-out scheme” for “the Social Security Pensions Act 1975” substitute “section 181(1) of the Act”;

(c)omit the definiion of “the Northern Ireland Order”;

(d)insert the following definition—

““the Northern Ireland Act” means the Pension Schemes (Northern Ireland) Act 1993”;

(e)omit the definition of “trade union recognised to any extent”.

(3) In regulations 2(6), 3(7)

and 4(1) for “section 67” and “Article 62 of the Northern Ireland Order” substitute respectively “section 172” and “section 167 of the Northern Ireland Act”.

The Occupational Pension Schemes (Contracting-out) Regulations 1984(8)

4.—(1) The Occupational Pension Schemes (Contracting-out)

Regulations 1984 shall be amended as follows—

(2) In regulation 1(2)—

(a)in the definition of “the Act” for “Social Security Pensions Act 1975” substitute “Pension Schemes Act 1993”;

(b)omit the definition of “the 1977 Act”;

(c)in the definition of “responsible paying authority” for “section 52C” and “section 44” substitute respectively “section 19” and “section 50”.

(3) In regulation 1(2A)

omit “under section 5 of the Social Security Act 1986”.

(4) In regulations 14(2), 15(2)

and 16, for “section 31” substitute “sections 7(1)(a), (2) and (7), 11 and 34(1)(a), (2) and (8)”.

(5) In regulation 18—

(a)in paragraph (1) for “section 44(2)” to “premiums)” substitute “section 56(2) as it applies for the purposes of accrued rights premiums and pensioner s rights premiums”;

(b)in paragraph (1ZA) for “section 44ZA(6)” to “premiums)” substitute “section 56(2) as it applies for th purposes of contracted-out protected rights premiums”;

(c)in paragraph (1A) for “section 44A” to “premiums)” substitute “section 56(2) as it applies for the purposes of transfer premiums”;

(d)in paragraph (1B) for “sections 42 and 43” to “employment)” and “45” to “revaluation)” substitute respectively “section 55(2) (contributions equivalent premiums), section 56(2) as it applies for the purposes of that section, and sections 57 and 63(4)” and “section 56(2) as it applies for the purposes of limited revaluation premiums”;

(e)in paragraph (1C) for “section 45” to “revaluation)” substitute “section 56(2) as it applies for the purposes of limited revaluation premiums”;

(f)in paragraph (2) for “paragraph 6(2)”, “section 42(3)”, “paragraph 3 of Schedule 3”, “section 44(1)” and “section 45(1)” substitute respectively “paragraph 5(2)”, “section 55(2) in the circumstances mentioned in paragraph (ii) of that subsection”, “paragraph 3 of Schedule 4”, “section 50(1)” and “section 55(4)”;

(g)in paragraph (2A) for “section 4 of the Social Security Act 1986 or under section 29(2) or (2A) of the Act” substitute “section 47(2) or (5) or 48(2)”;

(h)in paragraph (4)—

(i)for “section 44”, in the first place it occurs, to “revaluation premiums)” substitute “section 55(1)(a) to (c) (except as those paragraphs apply to personal pension schemes) and (4) (accrued rights premiums, pensioner s rights premiums, contracted-out protected rights premiums and limited revaluation premiums)”;

(ii)in paragraph (a) for “52C”, “44” and “approved” to “44ZA” substitute respectively “19”, “50” and “such approved arrangements”;

(iii)in paragraph (b) for “approved” to “44” substitute “such approved arrangements”;

(iv)in paragraph (c) for “approved” to “may be” substitute “such approved arrangements”.

(6) In regulation 18A(2) for “section 44A(1)(a)”, in both places and “paragraph 13(2)(b) of Schedule 1A” substitute respectively “section 55(3)” and “section 95(2)(c)”.

(7) In regulation 19—

(a)in paragraph (1) for “section 43(4)”, “section 38”, “Schedule 16 to the Social Security Act 1973” and “section 52C” substitute respectively “section 57(2)”, “section 20”, “Chapter I of Part IV” and “section 19”;

(b)in paragraph (1)(b) after “section 3(2” insert “of the Social Security Pensions Act 1975”;

(c)in paragraph (2) for “section 42(2) or (3) or 44(6) or 45(3)”, “section 42(2)”, “section 42(3)”, “section 44(6)” and “paragraph 16 of Schedule 1A” substitute respectively “section 55(2) or 59(2)”, “section 55(2) in the circumstances mentioned in paragraph (i) of that section”, “section 55(2) in the circumstances mentioned in paragraph (ii) of that section”, “section 59(2)” and “section 95(1)” and omit paragraph (d).

(8) In regulation 20—

(a)in paragraphs (3)

and (4) for “section 44” substitute “section 50”;

(b)in paragraphs (3A) and (4A) for “section 44ZA” substitute “section 50”.

(9) In regulation 21—

(a)in paragraph (1) for “section 47(10)” substitute “section 61(10)”;

(b)in paragraph (2) for “section 47” substitute “section 61”;

(c)in paragraph (3) for “section 47(2)” substitute “section 63(1)(d)”.

(10) In regulation 22—

(a)in paragraph (1) for “section 35(7)” and “section 21” substitute respectively “section 16(2)” and “section 21 of the Social Security Pensions Act 1975 or section 148 of the Social Security Administration Act 1992(9)”;

(b)in paragraph (2) for “section 45(1)(b)” and “section 35(7)” substitute respectively “section 55(5)” and “section 16(2) and (3)”;

(c)in paragraph (3) for “section 35(7)” and “section 21” substitute respectively “section 16(3)” and “section 21 of the Social Security Pensions Act 1975 or section 148 of the Social Security Administration Act 1992”;

(d)in paragraphs (4) and (5) for “section 38(1)” substitute “section 20(1)”;

(e)in paragraph (4) for “section 52C(4)” substitute “section 19(3)”;

(f)in paragraphs (5), (6) and (7) for “section 35(7)” substitute “section 16(3)”;

(g)in paragraphs (5) and (7) for “section 21”, wherever it occurs, substitute “section 21 of the Social Security Pensions Ac 1975 or section 148 of the Social Security Administration Act 1992”.

(11) In regulation 22A for “section 47(9A)(b)(ii)” and “section 35(7)”, wherever it occurs, substitute respectively “section 62(2)(b)(ii)” and “section 16(2) and (3)”.

(12) In regulation 23—

(a)in paragraph (1) for “section 42(2) or (3)” and “section 44(2)” substitute respectively “section 55(2)” and “section 55(1)”;

(b)in paragraph (4) for “section 29(1)(a)” substitute “section 46(1)(a)”;

(c)in paragraph (5)(b)(ii) for “section 47” substitute “section 61”;

(d)in paragraph (7)(a) for “section 52C” substitute “section 19”;

(e)in paragraph (7)(b) for “section 44” substitute “section 50”;

(f)for paragraph (10)(a) substitute—

“(a)section 60 shall be modified so as to have effect as if—

(i)at the end of subsection (1) there were added “and payment of part of the premium or of a premium calculated in accordance with section 58(1) as modified by regulation 23(10)(b)(iii)of the Occupational Pension Schemes (Contracting-out) Regulations 1984 shall operate to extinguish such part of those rights as corresponds in the opinion of the Secretary of State to that part of the premium or that premium”;

(ii)at the end of subsection (2) there were added “and payment of part of the premium or of a premium calculated in accordance with section 58(2) as modified by regulation 23(10)(b)(iv) of the Occupational Pension Schemes (Contracting-out) Regulations 1984 shall operate to extinguish such part of those rights as corresponds in the opinion of the Secretary of State to that part of the premium or that premium”;

(iii)at the end of subsections (4) and (5) there were added “and payment of part of the premium shall operate to extinguish such part of those accrued rights as corresponds in the opinion of the Secretary of State to that part of the premium””;

(g)in paragraph (10)(b) for “section 44”, “paragraphs (a) and (b) of subsection (1)”, “paragraph (a) and (b) of subsection (2)”, “subsection (5)(a)” and “subsection (5)(b)” substitute respectively “sections 50, 55 and 58”, “paragraphs (a)(i) and (ii) of section 50(1)”, “paragraphs (a) and (b) of section 55(1)”, “subsection (1) of section 58” and “subsection (2) of section 58”;

(h)in paragraph (11) for “section 49(6)” substitute “section 142(5)”.

(13) In regulation 23A—

(a)in paragraph (1) for “section 44ZA(4)” substitute “section 55(1)”;

(b)in paragraph (4) for “section 29(1)(a)” substitute “section 46(1)(a)”;

(c)in paragraphs (7)(a) for “section 44ZA” substitute “section 50”;

(d)in paragraph (10)(a) for “section 44ZA(8)”, “section 44ZA(9)(a)” and ““the premium” the words “that part of the premium which has been paid”” substitute respectively “section 60(3)”, “section 60(7)” and ““the contracted-out protected rights premium” the words “that part of the contracted-out protected rights premium which has been paid””;

(e)in paragraph (10)(b) for “section 44ZA”, “subsection (1)”, “paragraphs (a) and (b) of subsection (4)” and “subsection (7)” substitute respectively “sections 50, 55 and 58”, “section 50(1)(b)”, “paragraphs (a) and (c) of section 55(1)” and “section 58(3)”.

(14) In regulation 24—

(a)in paragraph (3)(d) for “section 38” and “section 35(7)” substitute respectively “section 20” and “section 16(2) and (3)”;

(b)in paragraph (3)(dd) for “Schedule 1 to the Social Security Act 1986 as modified by section 32(2B)” substitute “sections 26 to 33”;

(c)in paragraph (4) for “section 38(1)” and “section 52C” substitute respectively “section 20(1)” and “section 19”;

(d)in paragraph (7) for “section 27(2)” substitute “paragraph (a) of subsection (1) of section 41”;

(e)in paragraph (8) for “section 44(2) or 45(1)”, “section 42(2)” and “section 42(3)” substitute respectively “section 55(1) or (4)”, “section 55(2) in the circumstances mentioned in paragraph (i) of that section” and “section 55(2) in the circumstances mentioned in paragraph (ii) of that section” and omit paragraph (d).

(15) In regulation 26A for “section 44ZA(9)(a)”, “section 44ZA(9)(a)(i)” and “section 44ZA(9)(a)(ii)” substitute respectively “section 60(7)”, “section 60(7)(a)” and “section 60(7)(b)”.

(16) In regulation 27 for “subsection (1) of section 41” substitute “section 24(1)”.

(17) In regulation 28(1) for “section 35” substitute “section 14”.

(18) In regulation 29 for “section 40(1)(b)” substitute “section 22(b)”.

(19) In regulation 30—

(a)in paragraph (1) for “section 40(2)(a)” substitute “section 23(1)(a)”;

(b)in paragraph (3) for “section 40(3)” substitute “section 23(2) and (3)”.

(20) In regulation 31 for “section 40(4)” substitute “section 23(7)”.

(21) In regulation 33A for “section 35(7)”, “section 21” and “section 52C(4)” substitute respectively “section 16(2)”, “section 21 of the Social Security Pensions Act 1975 or section 148 of the Social Security Administration Act 1992” and “section 19(3)”.

(22) In regulations 33B and 33C for “section 36(7A)” substitute “section 17(6)”.

(23) In regulation 33D for “sections 44(1)(b) and (2)(b), 49(1) and 50(3)” substitute “sections 37(5), 50(1)(a)(ii), 52(2)(b)(i) and 55(1)(b)”.

(24) In regulation 34 for “section 39(1)”, “section 42”, “section 44”, “section 45” and “section 35(7)” substitute respectively “section 21(1)”, “section 55(2)”, “section 55(1)(a)”, “section 55(4)” and “section 16(2) and (3)”.

(25) In regulation 35 for “section 39(4)(b)”, in both places, and “section 35(6)” substitute respectively “section 21(2)” and “section 15(1)”.

(26) In regulation 36(3) for “section 45(1)(b)”, “section 38(1)” and “paragraph 9(1)(b) of Schedule 1 to the Social Security Act 1986 as modified by section 32(2B)” substitute respectively “section 55(5)”, “section 20(1)” and “section 28(2)(b)(i)”.

(27) In regulation 37—

(a)in paragraph (1) for “section 35(7)”, “section 21” and “section 42(1)” substitute respectively “section 16(2)”, “section 148 of the Social Security Administration Act 1992” and “section 55(2)”;

(b)in paragraph (2) for “section 38(1)” and “paragraph 9(1)(b) of Schedule 1 to the Social Security Act 1986 as modified by section 32(2B)” substitute respectively “section 20(1)” and “section 28(2)(b)(i)”;

(c)in paragraph (5) for “sections 35(7) and 42(1)” substitute “sections 16(2) and (3) and 55(2)”.

(28) In regulation 38(1) for “section 51” substitute “section 156”.

(29) In regulation 40 for “requirements of section 40(3)” and “paragraphs (a) to (d) of section 40(3)” wherever they occur substitute respectively “requirements of section 23(2) and (3)” and “paragraphs (a) to (d) of section 23(2)”.

(30) In regulation 41(1) for “section 50” substitute “section 37”.

(31) In regulation 42(1) for “section 51A” substitute “section 35”.

(32) In regulation 43(3)

and (5) for “section 29(2A)” substitute “section 48(2)”.

(33) In regulation 44—

(a)in paragraph (a) for “section 35(5)”, “subsection (2) above” and “section 45(1) below” substitute respectively “section 16(1)”, “section 14(2)” and “section 55(5)”;

(b)in paragraph (b) for “section 38(1)”, “section 35(7)”, “section 35(2)”, “section 21”, “section 35(7)(a) and (b)” and “section 35(7)(b)”, wherever they occur, substitute respectively “section 20(1)”, “section 16(2) and (3)”, “section 14(2)”, “section 21 of the Social Security Pensions Act 1975 or section 148 of the Social Security Administration Act 1992”, “section 16(3)(a) and (b)” and “section 16(3)(b)”;

(c)in paragraph (d) for “section 44(6)(a)” and “section 21”, wherever they occur, substitute “section 59(1)(a)” and “section 21 of the Social Security Pensions Act 1975 or section 148 of the Social Security Administration Act 1992”;

(d)in paragraph (e) for “section 45”, “subsection (1)”, “section 38(1)”, “subsection (3)”, “subsection (3)(a)” and “section 21”, wherever they occur, substitute respectively “sections 55, 56 and 59”, “subsection (4) of section 55”, “section 20(1)”, “section 59(4)”, “section 59(4)(a)” and “section 21 of the Social Security Pensions Act 1975 or section 148 of the Social Security Administration Act 1992”;

(e)in paragraph (e)(ii) for “the requirement” substitute “the requirement in section 56(2)”.

(34) In regulation 45—

(a)in paragraph (a) for “section 38(1)” substitute “section 20(1)”;

(b)in paragraph (c) for “section 35(1)” and “section 35(2)” substtute respectively “section 14(1)” and “section 14(2)”;

(c)in paragraph (d) for “section 21”, “section 35(7)” and “section 45(1)”, wherever they occur, substitute respectively “section 21 of the Social Security Pensions Act 1975 or section 148 of the Social Security Administration Act 1992”, “section 16(2) and (3)” and “section 55(5)”.

(35) In regulation 47 for “section 35(7)”, “section 44(6)”, “section 35(2)”, “section 21” and “section 44(5)(a) and (b)”, wherever they occur, substitute respectively “section 16(2) and (3)”, “section 59(1)”, “section 14(2)”, “section 21 of the Social Security Pensions Act 1975 or section 148 of the Social Security Administration Act 1992” and “section 58(1) and (2)”.

(36) In regulation 48—

(a)for “section 35(7)”, wherever it occurs and “section 21(1) of the 1977 Act”, in the first place it occurs, substitute respectively “section 16(2) and (3)” and “section 51(1) to (3)”;

(b)in paragraph (b) omit “and unless” to “1977 Act”.

(37) In regulation 49 for “section 38(1)”, “section 21” and “section 35(7)” substitute respectively “section 20(1)”, “section 21 of the Social Security Pensions Act 1975 or section 148 of the Social Security Administration Act 1992” and “section 16(2) and (3)”.

(38) In regulation 50, omit paragraphs (1) and (2) and in paragraph (3) for “Section 21(1) of the 1977 Act” substitute “Section 51(1) to (3)”.h

The Contracting-out (Transfer) Regulations 1985(10)

5.—(1) The Contracting-out (Transfer)

Regulations 1985 shall be amended as follows—

(2) In regulation 1(2)—

(a)in the definition of “the Act” for “Social Security Pensions Act 1975” substitute “Pension Schemes Act 1993”;

(b)in the definition of “appropriate personal pension scheme” for “Part I of the Social Security Act 1986” substitute “section 7”;

(c)in the definition of “appropriate policy” for “section 52C(4)” substitute “section 19(4)”;

(d)in the definition of “protected rights” for the words “Schedule 1 to the Social Security Act 1986” onwards substitute “section 10”;

(e)in the definition of “contracted-out salary related scheme” for “section 32(2)” substitute “satisfying section 9(2)”;

(f)in the definition of “money purchase contracted-out scheme” for “section 66(1)” substitute “section 181(1)”;

(g)in the definition of “overseas scheme” for “by virtue of section 32” and “section 49” substitute respectively “within the meaning of section 7(3)” and “section 53”;

(h)in the definition of “receiving scheme” for “section 44” substitute “section 50”;

(i)for the definitions of “section 49 money purchase scheme” and “section 49 salary related scheme” substitute respectively—

““section 53 money purchase scheme” means a scheme which was formerly a money purchase contracted-out scheme and which the Board are under a duty to supervise in accordance with section 53”;

““section 53 salary related scheme” means a scheme which was formerly a contracted-out salary related scheme and which the Board are under a duty to supervise in accordance with section 53”;

(j)in the definition of “transferring scheme” for “section 49” substitute “section 53”.

(3) In regulations 2, 2A, 2B and 3 and in paragraph 1 of Schedule 1 for “section 49” wherever it occurs substitute “section 53”.

(4) In regulations 2A(1)

ad 2B(1) for “section 52C” substitute “section 19”.

(5) In regulation 2A(3) for “section 35(7)” and “section 21” substitute respectively “section 16(2) and (3)” and “section 148 of the Social Security Administration Act 1992”.

(6) In regulation 3 for “section 44, Part III of the Act”, “section 35(1) and (8)”, “sections 26(2), 35(8), 38(3), 45, 46 and 48”, “sections 26(2), 38(3) and 48”, “sections 29, 45 and 46” and “paragraphs 2, 6 and 7” substitute respectively “section 50, the Act”, “sections 14(1) and 16(4)”, “sections 8(2), 16(4), 20(6), 159 and Chapter III of Part III”, “sections 8(2), 20(6), 159”, “section 46 andChapter III of Part III” and “paragraphs 2 and 6”.

(7) In regulation 3A for “Part III of the Act”, “section 35(1) and (8)” and “sections 26(2), 35(8), 38(3) and 48” substitute respectively “the Act”, “sections 14(1) and 16(4)”, and “sections 8(2), 16(4), 20(6) and 159”.

(8) In Schedule 2—

(a)in paragraph 1(b) for “sections 33 and 36” substitute “sections 13 and 17”;

(b)in paragraphs 3 and 4 for “section 35(7)” wherever it occurs substitute “section 16(2) and (3)”;

(c)in paragraph 5 for “section 33 or (as the case may be) 36” substitute “section 13 or (as the case may be) 17”.

(9) In Schedule 2A, in paragraph 1 for “paragraph 14 of Schedule 1A to the Act” substitute “section 97”.

(10) In Schedule 3—

(a)for paragraph 1 substitute—

“1. The definition of “guaranteed minimum pension” in section 8(2) shall have effect as if—

(a)after the words “sections 13 and 17” there were inserted the words “or with arrangements approved by the Board under section 50, or in compliance with the condition set out in paragraph 1 or, as the case may be, paragraph 5 of Schedule 2 to the Contracting-out (Transfer) Regulations 1985”; and

(b)at the end there were added the words “or, as the case may be, of those arrangements or that condition””;

(b)in paragraph 2 for “Section 29” substitute “Section 46”;

(c)in paragraph 3 for “Section 35(1)”, “contracted-out employment” in the first place those words occur and “which was contracted-out employment” substitute respectively “Section 14(1)”, “employment which is contracted-out” and “which was contracted-out”;

(d)for paragraph 4 substitute—

“4. Section 16(4) shall have effect as if there were added at the end “but different provision may be made for members as respects accrued rights transferred in accordance with regulations made under section 20(1).””;

(e)for paragraph 5 substitute—

“5. Section 20(6) shall have effect as if after the words “sections 13 and 17” there were inserted the words “or with arrangements approved by the Board under section 50, or in compliance with the condition set out in paragraph 1 or, as the case may be, paragraph 5 of Schedule 2 to the Contracting-out (Transfer) Regulations 1985.””;

(f)in paragraph 6—

(i)for “Section 45” substitute “Chapter III of Part III”;

(ii)in paragraph (a) for “subsections (1) and (3)” and “section 44” substitute respectively “Sections 55(4) and 59(4) and (5)” and “section 50”;

(iii)in paragraph (b) for “subsections (1) and (2)” and “section 35(7)” in both places substitute respectively “sections 55(4)(c) and 58(6)(a)” and “section 16(2) and (3)”;

(iv)in paragraph (c) for “subsection (1)” substitute “section 55(5)”;

(v)in paragraph (d) for “subsection (1)” substitute “section 56(2)” and after “were” insert “in the case of a limited revaluation premium”;

(vi)in paragraph (e) for “subsection (3)” and “section 35(7)” in both places substitute respetively “section 59(4)” and “section 16(2) and (3)”;

(g)paragraph 7 is omitted;

(h)for paragraph 8 substitute—

“8. Section 159 shall have effect as if subsection (1)(b) and (3) were omitted.”

(11) In Schedule 3A—

(a)for paragraph 1 substitute—

“1. The definition of “guaranteed minimum pension” in section 8(2) shall have effect as if—

(a)after the words “sections 13 and 17” there were inserted the words “or in compliance with the condition set out in regulation 2A(4) of the Contracting-out (Transfer) Regulations 1985”; and

(b)at the end there were added the words “or of that condition.””;

(b)in paragraph 2 for “Section 35(1)”, “contracted-out employment” and “section 43(2A)(a)(ii)” substitute respectively “Section 14(1)”, “employment which is contracted-out” and “section 179(1)(a)(ii)”;

(c)for paragraph 3 substitute—

“3. Section 16(4) shall have effect as if there were added at the end the words “but provision may be made for members as respects accrued rights transferred in accordance with regulation 2A of the Contracting-out (Transfer) Regulations 1985.””;

(d)for paragraph 4 substitute—

“4. Section 20(6) shall have effect as if after the words “sections 13 and 17” there were inserted the words “or in compliance with the condition set out in regulation 2A(4) of the Contracting-out (Transfer) Regulations 1985.””;

(e)for paragraph 5 substitute—

“5. Section 159 shall have effect as if subsection (1)(b) and (3) were omitted.”.

The Occupational Pension Schemes (Discharge of Liability) Regulations 1985(11)

6.—(1) The Occupational Pension Schemes (Discharge of Liability)

Regulations 1985 shall be amended as follows—

(2) In regulation 1(2)—

(a)in the definition of “the Act” for “Social Security Pensions Act 1975” substitute “Pension Schemes Act 1993”;

(b)in the definition of “scheme” for “section 66(1)” substitute “section 1 of the Act”;

(c)in the definition of “supplementary credits” for “Schedule 16 to the Social Security Act 1973” substitute “section 75 of the Act”.

(3) In regulations 1A(2), 2, 3(1) and 4 for “section 52C” substitute “section 19”.

(4) In regulation 1A(2) for “section 52C(4)(a)(ii)” substitute “section 19(4)(a)(ii)”.

(5) In regulation 2 for “section 52C(4)(b)” and “section 52C(4)” substitute respectively“section 19(4)(b)” and “section 19(4)”.

(6) In regulation 3 for “section 52C(4)(c)” and “section 52C(4)” substitute respectively“section 19(4)(c)” and “section 19(4)”.

(7) In regulation 4 for “section 52C(4)(d)”, “revaluation or increase under section 35” and “section 37A” substitute respectively “section 19(4)(d)”, “increase under section 15 or revaluation under section 16” and “Chapter II of Part V”.

(8) In regulation 5(1) for “section 52C(5)(c)(ii)” substitute “section 19(5)(c)(ii)”.

(9) I regulation 6 for “section 52C(5)(a)(ii)” substitute “section 19(5)(a)(ii)”.

(10) In the Schedule, in the heading to the form, for the words from “Social Security PensionsAct 1975” to “Schedule 1” substitute “Section 19(5) of the Pension Schemes Act 1993”.

The Occupational Pension Schemes (Transfer Values) Regulations 1985(12)

7.—(1) The Occupational Pension Schemes (Transfer Values)

Regulations 1985 shall be amended as follows—

(2) In regulation 1(2)—

(a)in the definition of “actual service” for “paragraph 3(2) of Schedule 16 to the Social Security Act 1973” substitute “section 70(3) of the Act”;

(b)in the definition of “member” for “Part II of Schedule 1A to the Social Security Pensions Act 1975” substitute “Chapter IV of Part IV of the Act”;

(c)in the definition of “personal pension scheme” for “section 84(1) of the Social Security Act 1986” substitute “section 1 of the Act”;

(d)in the definition of “protected rights” for “Schedule 1” onwards substitute “section 10 of the Act”;

(e)for “the Social Security Pensions Act 1975”, in the second place where it occurs, substitute “the Act”.

(3) In regulation 1(3) for “the Social Security Pensions Act 1975” onwards substitute “the Pension Schemes Act 1993 bearing that number”.

(4) In regulation 2(1) for “paragraph 13(2)(a)” in the first place it occurs substitute “section 95(2)(a)(ii) and (b)(ii)” and in paragraphs (a) and (aa) substitute “section 95(2)(a)(ii) or (b)(ii)”.

(5) In regulations 2(1)(a) and (aa), 2A, 2C(2), 3(1), (1A), (2) and (3), 4(2), (5) and (5A) for “paragraph 12(1)” substitute “section 94(1)”.

(6) In regulation 2(2) for “paragraph 13(2)(b)” substitute “section 95(2)(c)”.

(7) In regulation 2A—

(a)in paragraph (1) for “paragraph 12(2A)” substitute “section 98(1)”;

(b)in paragraph (4) for “sections 41A” to “revaluation of pensions)” and “B and C” onwards substitute respectively “Chapters II and III of Part IV of the Act” and “the pensionable service referred to in paragraph 1(1) of Schedule 3 (the final salary method of revaluation of accrued benefits)”.

(8) In regulation 2B for “paragraph 12(2A)” substitute “section 98(1)”.

(9) In regulation 2C—

(a)in paragraph (1) for “paragraph 12” substitute “section 94”;

(b)in paragraph (3) for “paragraph 12(2)” and “paragraph 15(2)” onwards substitute respectively “section 94(2)” and “section 95(8)”.

(10) In regulation 2D—

(a)in paragraph (1) for “paragraph 13(3)”, “paragraph 13(2)”, “paragraph (c)” and“paragraph 12” substitute respectively “section 95(5)(a)”, “section 95(2)”, “paragraph (d)” and “section 94”;

(b)in paragraph (2) for “paragraph 13(2)(c)” substitute “section 95(2)(d)”;

(c)in paragraph (3) omit “within the meaning of the Social Security Act 1986”.

(11) In regulation 3(2)

and (3) for “Schedule 1A” substitute “Chapter IV of Part IV of the Act”.

(12) In regulation 4—

(a)in paragraph (3A) for “paragraph 16” substitute “section 95”;

(b)in paragraph (5) for “paragraph 13(2)(a)” substitute “section 95(2)(a) or (b)”;

(c)in paragraph (5A) for “section 42 or, as the case may be, section 44” substitute “section 55”;

(d)in paragraph (5B) omit the words “by a transaction” to “annuity contracts)”;

(e)in paragraph (5C) for “section 52C”, wherever it occurs, substitute “section 19”;

(f)in paragraph (7) for “paragraph 12(2)” substitute “section 94(2)”.

(13) In regulation 5 for “paragraph 11(1)(a)” and “paragraphs 15(2)(a) and (3)(a) and 16(3)(b)” substitute respectively “section 93(1)(a)(i)” and “sections 95(8)(a), 98(7)(a) and 99(2)(b)”.

(14) In regulation 6—

(a)in paragraph (1) for “paragraph 13(2)” substitute “section 95”;

(b)in paragraph (2) for “Schedule 1A” substitute “Chapter IV of Part IV of the Act”.

(15) In regulation 7—

(a)in paragraph (1) for “paragraph 21” to “1973” substitute “section 165(6)”;

(b)in paragraph (2) for “Schedule 1A” to “values)” substitute “Chapter IV of Part IV of the Act”.

(16) In regulation 8—

(a)in paragraph (1) for “Part II of Schedule 1A” substitute “Chapter IV of Part IV of the Act”;

(b)in paragraph (3) for “paragraph 13 of Schedule 1A” substitute “section 95 of the Act”.

The Occupational Pension Schemes (Disclosure of Information) Regulations 1986(13)

8.—(1) The Occupational Pension Schemes (Disclosure of Information) Regulations 1986 shall be amended as follows—

(2) In regulation 1(2)—

(a)in the definition of “the Act” for “Soial Security Pensions Act 1975” substitute “Pension Schemes Act 1993”;

(b)in the definitions of “normal pension age”, “pensionable service” and “relevant employment”—

(i)after “normal pension age” insert “is to be construed in accordance with section 180 of the Act and”;

(ii)for “Schedule 16 to the Social Security Act 1973” substitute “section 70 of the Act”.

(3) In regulation 1(3)—

(a)omit paragraph (b);

(b)in paragraph (c) omit “(other than Schedule 1A)”.

(4) In regulation 2(1) for “section 56A(2)” substitute “section 113(2)”.

(5) In regulation 6(15) for “section 57C(1)(b)” substitute “section 119(1)(b)”.

(6) In regulation 8(8)(bb) for “paragraph 6(b) of Schedule 16 to the Social Security Act 1973” substitute “section 71(1)(a) of the Act”.

(7) In paragraph 7 of Schedule 1 for “section 30” substitute “section 8”.

(8) In paragraph 16A of Schedule 1 for “Part II of Schedule 1A” substitute “Chapter IV ofPart IV of the Act”.

(9) In paragraph 19 of Schedule 1 for “section 59B(2)” substitute “section 145(2)”.

(10) In paragraphs 4C and 8(d) of Schedule 2 for “paragraph 14 of Schedule 1A” substitute “section 97 of the Act”.

(11) In paragraph 8 of Schedule 2—

(a)for “Part II of Schedule 1A” substitute “Chapter IV of Part IV of the Act”;

(b)in paragraph (d) for “paragraph 12(1) of Schedule 1A”, in both places, substitute “section 94(1) of the Act”.

(12) In paragraphs 9, 10 and 11 of Schedule 2 for “Part II of Schedule 1A” substitute“Chapter IV of Part IV of the Act”.

(13) In paragraphs 14, 15 and 16 of Schedule 2 for “section 57C(2)(b)” substitute “section 119(2)(b)”.

(14) In paragraph 15 of Schedule 2 for “section 57D(5)” substitute “section 121(2)”.

(15) In paragraph 6 of Schedule 3 for “section 57A” substitute “section 112”.

(16) In paragraph 8 of Schedule 5 for “Part II of Schedule 1A”, “paragraph 14 of Schedule 1A” and “paragraph 12(1) of Schedule 1A” substitute respectively “Chapter IV of Part IV of the Act”, “section 97 of the Act” nd “section 94(1) of the Act”.

(17) In paragraph 16 of Schedule 5 for “section 57A” substitute “section 112”.

The Occupational Pension Schemes (Managers) Regulations 1986(14)

9. In the Occupational Pension Schemes (Managers) Regulations 1986—

(a)in the definition of “the Act” in regulation 1(2) for “Social Security Pensions Act 1975” substitute “Pension Schemes Act 1993”;

(b)in regulations 2 and 3 for “sections 56A, 56E and 56L of the Act” substitute “sections 113 to 115 of the Act” and after “schemes)” insert “and Part VIII of the Act as it applies for the purposes of those sections”.

The Money Purchase Contracted-out Schemes Regulations 1987(15)

10.—(1) The Money Purchase Contracted-out Schemes Regulations 1987 shall be amended as follows—

(2) In regulation 1(2)—

(a)for the definitions of “the 1975 Act” and “the 1986 Act” substitute—

““the Act” means the Pension Schemes Act 1993”;

(b)for “the 1975 Act” substitute “the Act”.

(3) In regulation 2(1)—

(a)for “section 32(2A) of the 1975 Act”, “Schedule 1 to the 1986 Act modified under section 32(2B) of the 1975 Act” and “paragraphs 3 and 6 of Schedule 1 to the 1986 Act” substitute respectively “section 9(3) of the Act”, “sections 22 and 26 to 33 of the Act and such other requirements as may be prescribed” and “section 31(1) of the Act”;

(b)omit “and such other requirements as may be prescribed”.

(4) In regulation 3—

(a)in paragraph (3)(a) for “section 30(1A)(a) of the 1975 Act” substitute “section 41(1)(a) of the Act”;

(b)in paragraph (3)(b) for “section 30(1A)(b) of that Act” substitute “section 41(1)(b) ofthe Act”.

(5) In regulation 4(1) for “section 30(1) and (1A) of the 1975 Act” substitute “section 8(1) of the Act”.

(6) In regulation 5(1) for “section 30(1A) and (1B) of the 1975 Act” substitute “section 8(2) of the Act”.

(7) In regulation 6—

(a)in paragraph (1) for “section 32(2) of the 1975 Act” and “section 32(2A) of that Act” substitute respectively “section 9(2) of the Act” and “section 9(3) of the Act”;

(b)in paragraph (2) for “section 32(2A) of that Act” and “section 32(2) of that Act” substitute respectively “section 9(3) of the Act” and “section 9(2) of the Act”.

The Occupational Pension Schemes (Auditors) Regulations 1987(16)

11. In the definition of “the Act” in regulation 1(2) of the Occupational Pension Schemes (Auditors) Regulations 1987 for “Social Security Pensions Act 1975” substitute “Pension Schemes Act 1993”.

The Occupational Pension Schemes (Contracted-out Protected Rights Premiums) Regulations 1987(17)

12.—(1) The Occupational Pension Schemes (Contracted-out Protected Rights Premiums) Regulations 1987 shall be amended as follows—

(2) In regulation 2(1) for “section 44ZA(7) of the Social Security Pensions Act 1975” and “Schedule 1 to the Social Security Act 1986 as modified by section 32(2B) of the Social Security Pensions Act 1975” substitute respectively “section 58(3) of the Pension Schemes Act 1993” and “sections 26 to 33 of that Act”.

(3) In regulation 2(2) for “section 44ZA(9)(a)(i) of the Social Security Pensions Act 1975” substitute “section 60(7)(a) of the Pension Schemes Act 1993”.

(4) In regulation 2(3)(b)(ii) for “Schedule 1 to the Social Security Act 1986 as modified by section 32(2B) of the Social Security Pensions Act 1975” substitute “sections 26 to 33 of the Pension Schemes Act 1993”.

The Occupational Pension Schemes (Qualifying Service—Consequential and Other Provisions) Regulations 1987(18)

13. In regulation 6 of the Occupational Pension Schemes (Qualifying Service—Consequential and Other Provisions) Regulations 1987 for “section” to “1973” substitute “section 136(1)(a)(ii) of the Pension Schemes Act 1993”.h

The Pension Schemes (Voluntary Contributions Requirements and Voluntary and Compulsory Membership) Regulations 1987(19)

14.—(1) The Pension Schemes (Voluntary Contributions Requirements and Voluntary and Compulsory Membership) Regulations 1987 shall be amended as follows—

(2) In regulation 1(2)—

(a)in the definition of “the Act” for “Social Security Act 1986” substitute “Pension Schemes Act 1993”;

(b)in the definitions of “normal pension age” and “public service pension scheme” for“section 66(1) of the Social Security Pensions Act 1975” substitute “section 181(1) ofthe Act”;

(c)in the definitions of “pensionable service” and “relevant employment” for “Schedule 16 to the Social Security Act 1973” substitute “section 70 of the Act”.

(3) In regulation 2—

(a)in paragraphs (1) and (2) for “Section 12(1)” substitute “Section 111(1)”;

(b)in paragraphs (3), (4), (5), (6) and (6A) for “12(1)(a) and (b)”, wherever it occurs, substitute “111(1)(a) and (b)”;

(c)in paragraph (6A)—

(i)for “section 1” substitute “section 43”;

(ii)in sub-paragraph (a) omit “under section 1(8) of the Act”;

(iii)in sub-paragraph (c) for “section 1(9)” substitute “section 44”;

(d)in paragraphs (7) and (10) for “Section 12(1)(b)” substitute “Section 111(1)(b)”;

(e)in paragraph (11) for “Section 12(1)(c) and (d)” and “section 12” substitute respectively “Section 111(1)(c) and (d)” and “section 12 of the Social Security Act 1986 (from which section 111 of the Act is derived)”;

(f)in paragraph (12) for “Section 12(1)(d)(ii)” substitute “Section 111(1)(d)(ii)”.

(4) In regulation 2A for “section 12” substitute “section 111”.

(5) In regulation 3 for “Section 15(1)(a)” substitute “Section 160(1)(a)”.

The Personal Pension Schemes (Disclosure of Information) Regulations 1987(20)

15.—(1) The Personal Pension Schemes (Disclosure of Information)

Regulations 1987 shall be amended as follows—

(2) In regulation 1(2)—

(a)insert in the appropriate place—

““the Act” means the Pension Schemes Act 1993—”;

(b)omit the definitions of “the 1975 Act” and “the 1986 Act”;

(c)for “in the 1986 Act” substitute “in the Act”.

(3) In regulation 5(6) and (7) for “section 1(10) of the 1986 Act” substitute “section 44(2) ofthe Act”.

(4) In paragraph 14 of Schedule 1 for “section 59B(2) of the Social Security Pensions Act 1975” substitute “section 145(2) of the Act”.

(5) In paragraph 1 of Schedule 2—

(a)for “section 3(1)(a) of the 1986 Act” substitute “section 45(1) of the Act”;

(b)for “section 3(1)(b) of that Act” substitute “section 3(1)(b) of the Social Security Act 1986”;

(c)for “section 3(1)(aa) of that Act” substitute “section 45(2) of the Act”.

The Personal Pension Schemes (Personal Pension Protected Rights Premiums) Regulations 1987(21)

16.—(1) The Personal Pension Schemes (Personal Pension Protected Rights Premiums) Regulations 1987 shall be amended as follows—

(2) In regulation 1(2)—

(a)in the definition of “the Act” for “Social Security Act 1986” substitute “Pension Schemes Act 1993”;

(b)in the definition of “appropriate scheme” for “Part I” substitute “section 7(4)”.

(3) In regulation 2—

(a)in paragraph (1) for “section 5(8)” and “Schedule 1 to the Act” substitute respectively “section 58(3)” and “sections 26 to 32 of the Act”;

(b)in paragraph (2) for “section 5(10)(a)(i)” substitute “section 60(7)(a)”;

(c)in paragraph (3)(b)(ii) for “Schedule 1 to the Act” substitute “sections 26 to 32 of the Act”.

(4) In regulation 3(1)(b) for “section 4 of the Act or under section 29(2) or (2A) of the Social Security Pensions Act 1975” substitute “section 47(2) or (5) or 48 of the Act”.

(5) In regulation 4—

(a)in paragraph (1) for “section 5(7) of the Act” substitute “section 56(2) of the Act as it applies to personal pension protected rights premiums”;

(b)in paragraphs (2) and (3) for “section 5” substitute “section 50”.

(6) In regulation 5(2) for “section 5” substitute “section 50”.

(7) In regulation 6—

(a)in paragraph (4) for “section 29(1)(a) of the Social Security Pensions Act 1975” substitute “section 46(1)(a) of the Act”;

(b)in paragraph (7)(a) for “section 5” substitute “section 50”;

(c)in paragraph (10)(a) for “section 5(9)”, “section 5(10)(a)” and ““the premium”” onwards substitute respectively “section 60(3)”, “section 60(7)” and ““the personal pension protected rights premium” the words “that part of the personal pension protected rights premium which has been paid””;

(d)in paragraph (10)(b) for “section 5”, “subsection (1)”, “paragraphs (a) and (b) of subsection (4)” and “subsection (8)” substitute respectively “sections 50, 55 and 58”, “subsection (1)(b) of section 50”, “paragraphs (a) and (c) of subsection (1) of section 55” and “subsection (3) of section 58”.

(8) In regulation 7(3)(b) for “Schedule 1 to” substitute “Part III of”.

(9) In regulation 8 for “section 5(10)(a)”, “section 5(10)(a)(i)” and “section 5(10)(a)(ii)” substitute respectively “section 60(7)”, “section 60(7)(a)” and “section 60(7)(b)”.

The Personal Pension Schemes (Transfer Values) Regulations 1987(22)

17.—(1) The Personal Pension Schemes (Transfer Values) Regulations 1987 shall be amended as follows—

(2) In regulation 1(2)—

(a)in the definition of “the Act” for “Social Security Pensions Act 1975” substitute “Pension Schemes Act 1993”;

(b)in the definition of “cash equivalent” for “Part II” onwards substitute “Chapter IV ofPart IV of the Act as it applies to personal pension schemes”;

(c)in the definition of “member” for “Part II” onwards substitute “Chapter IV of Part IV of the Act applies”;

(d)the definition of “the Modification Regulations” shall be omitted;

(e)in the definitions of “money purchase benefits” and “personal pension scheme” for “section 84(1) of the Social Security Act 1986” substitute “section 181(1) of the Act”;

(f)in the definition of “protected rights” for “Schedule 1” onwards substitute “section 10 of the Act”;

(g)in the definition of “receiving scheme” for “paragraph 13(2)(a)” onwards substitute “section 95(3)(a) or (b) of the Act”;

(h)for “Part II”, in the third place where it occurs, to the end of the paragraph substitute “Chapter IV of Part IV of the Act as it applies to personal pension schemes”.

(3) In regulation 2—

(a)for “paragraph 13(2)(a) of Schedule 1A to the Act as applied to personal pension schemes by the Modification Regulations” in the first place it occurs substitute “section 95(3)(a)and (b) of the Act”;

(b)for “paragraph 13(2)(a) of Schedule 1A to the Act, as applied to personal pension schemes by the Modification Regulations” in the second place it occurs substitute “section 95(3)(a) or (b) of the Act”.

(4) In regulation 2A—

(a)in paragraph (1) for “paragraph 13(3) of Schedule 1A to the Act”, “paragraph 13(2)” and “paragraph 12 of Schedule 1A to the Act” substitute respectively “section 95(5)(b) of the Act”, “section 95(3) of the Act” and “section 94 of the Act”;

(b)in paragraph (2) for “paragraph 13(2)(c) of Schedule 1A to the Act” substitute “section 95(3)(c) of the Act”;

(c)in paragraph (3) omit “within the meaning of the Social Security Act 1986”.

(5) In regulation 3 for “Schedule 1A to the Act as applied to personal pension schemes by the Modification Regulations”, in both places it occurs, substitute “Chapter IV of Part IV of the Act”.

(6) In regulation 4—

(a)in paragraph (1) for “paragraph 12(1) of Schedule 1A to the Act as applied to personal pension schemes by the Modification Regulations” substitute “section 94(1)(b) of the Act”;

(b)in paragraph (4) for “paragraph 12(2) of Schedule 1A to the Act, as applied to personal pension schemes by the Modification Regulations” substitute “section 94(2) of the Act”.

The Personal and Occupational Pension Schemes (Abatement of Benefit) Regulations 1987(23)

18.—(1) The Personal and Occupational Pension Schemes (Abatement of Benefit)

Regulations 1987 shall be amended as follows—

(2) In regulation 1(2)—

(a)omit the definition of “minimum contributions”;

(b)for the definition of “the Pensions Act” substitute—

““the Act” means the Pension Schemes Act 1993”;

(c)for the definition of “rebate percentage” substitute ““rebate percentage” means the percentage arrived at by adding the percentage mentioned in paragraph (a) of section 41(1) of the Act to that mentioned in paragraph (b) of that section”;

(d)in the definition of “relevant year” for “section 35” substitute “section 14(8)”.

(3) For “the Pensions Act”, wherever it occurs, substitute “the Act”.

(4) In regulations 2(1) and (3), 3(1), 4(1) and (3) and 5(1) for “sections 16(2B), 28(7A) and 59(1A) of the Social Security Act 1975 and section 29” and in regulations 3(3) and 5(3) for “section 16(2B), 28(7A) and 59(1A) of the Social Security Act 1975 and section 29” substitute “section 46”.

(5) In regulations 2(2)(a) and 4(2)(a) for “section 32(2)(a) and (b)” substitute “section 9(2)”.

(6) In regulation 2(2)(b) for “section 35(1)” substitute “section 14(1)”.

(7) In regulations 2(2)(c) and 4(2)(c) for “section 35(7)” substitute “section 16(2) and (3)”.

(8) In regulations 3(2) and 5(2) for “section 36(6)” and “section 36(7A)” substitute respectively “section 17(5)” and “section 17(6)”.

The Personal and Occupational Pension Schemes (Protected Rights) Regulations 1987(24)

19.—(1) The Personal and Occupational Pension Schemes (Protected Rights)

Regulations 1987 shall be amended as follows—

(2) In regulation 1(2)—

(a)in the definition of “the Act” for “Social Security Act 1986” substitute “Pension Schemes Act 1993”;

(b)in the definition of “money purchase contracted-out scheme” for “the Social Security Pensions Act 1975” substitute “section 8(1)(a)(ii) of the Act”.

(3) In regulation 1(3), sub-paragraph (a)

is omitted.

(4) In regulation 2 for “paragraph 7(2) of Schedule 1 to” and “Schedule 1 to” substitute respectively “section 10(2) of” and “sections 9(3), 22 and 26 to 32 of ”.

(5) In regulation 3 for “paragraph 7(2) of Schedule 1 to”, “paragraph 7(2)”, “section 52C of the Social Security Pensions Act 1975” and “section 7 of the Act” substitute respectively “section 10(2) of ”, “section 10(2)”, “section 19 of the Act” and “section 7 of the Social Security Act 1986”.

(6) In regulation 4 for “sub-paragraphs (1)(a)”, “(2)(ii)”, “paragraph 9 of Schedule 1 to” and “section 37A of the Social Security Pensions Act 1975” substitute respectively “subsections (2)(a)”, “(3)(ii)”, “section 28 of ” and “section 109 of the Act”.

(7) In regulation 5 for “paragraph 9(7)(b)(i) of Schedule 1 to” in both places substitute “section 29(1)(b)(i) of”.

(8) In regulation 6—

(a)in paragraph (1) for “paragraph 9(3)(b)” to “1975” substitute “section 28(4)(b) as it applies to a money purchase contracted-out scheme” and omit “in a money purchase contracted-out scheme”;

(b)in paragraph (2) for “paragraph 9(3)(c)” to “1975” substitute “section 28(4)(c) as it applies to a money purchase contracted-out scheme” and omit “in a money purchase contracted-out scheme”.

(9) In regulation 7 for “paragraph 11 of Schedule 1 to”, in both places substitute “section 32 of”.

(10) In regulation 8 for “paragraph 9(9) of Schedule 1 to” and “aragraph 9(7)(a)(ii) of Schedule 1to” substitute respectively “section 29(4) of ” and “section 29(1)(a)(iii) of ”.

(11) In regulation 9 for “paragraph 9(8) of Schedule 1 to” and “paragraph 9” substitute respectively “section 29(3) of ” and “the annuity requirements”.

(12) In regulation 10(2) and (3) for “paragraph 9(4) of Schedule 1 to” substitute “section 28(5) of ”.

(13) In regulation 12 for “paragraph 9(1)(a) of Schedule 1 to” substitute “section 28(2)(a) of ”.

(14) In regulation 15 for “paragraph 12 of Schedule 1” and “Schedule 1”, in the second place it occurs, substitute respectively “section 33 of ” and “sections 26 to 32 of the Act”.

The Protected Rights (Transfer Payment) Regulations 1987(25)

20.—(1) The Protected Rights (Transfer Payment) Regulations 1987 shall be amended as follows—

(2) In regulation 1(2)—

(a)in the definition of “the Act” for “Social Security Act 1986” substitute “Pension Schemes Act 1993”;

(b)omit the definition of “the Pensions Act”;

(c)in the definition of “appropriate personal pension scheme” for “Part I” substitute “section 7”;

(d)in the definitions of “money purchase contracted-out scheme” and “occupational pension scheme” for “section 66(1) of the Pensions Act” substitute “section 181(1) of the Act”;

(e)in the definition of “overseas scheme” for “by virtue of section 32 of the Pensions Act” and “section 49 of that Act” substitute respectively “within the meaning of section 7(3) of the Act” and “section 53 of the Act”;

(f)in the definition of “personal pension scheme” for “section 84(1)” substitute “section 181(1) of the Act”;

(g)in the definition of “protected rights” for the words “Schedule 1” onwards substitute “section 10 of the Act”;

(h)in the definition of “salary related contracted-out scheme” for “section 32(2) of the Pensions Act” substitute “satisfying section 9(2)”;

(i)for the definitions of “section 49 money purchase scheme” and “section 49 salary related scheme” substitute respectively—

““section 53 money purchase scheme” means a scheme which was formerly a money purchase contracted-out scheme and which the Board are under a duty to supervise in accordance with section 53 of the Act”;

““section 53 salary related scheme” means a scheme whih was formerly a salary related contracted-out scheme and which the Board are under a duty to supervise in accordance with section 53 of the Act”.

(3) In regulations 2(4) and (6), 3 and 4(1) and (6)(b) for “section 49” wherever it occurs substitute “section 53”.

(4) In regulation 4(1) for “Part III of the Pensions Act” substitute “the Act”.

(5) In regulation 4(2) for “section 26(2)” and “sections 33 and 36 below” substitute respectively “section 8(2)” and “sections 13 and 17”.

(6) In regulation 4(3) for the words from the beginning to “the Act” substitute “Section 47(2)(b) shall have effect as if after paragraph (ii) there were added”.

(7) In regulation 4(4) for “Section 35(1)” substitute “Section 14(1)”.

(8) In regulation 4(5) for “section 35(5)”, in both places, substitute “section 16(1)”.

(9) In regulation 4(6) for “section 35(7)”, in both places, and “section 1” substitute respectively “section 16(2)” and “section 181(1)”.

(10) In regulation 4(7) for “section 35(8)” and “so however that” substitute respectively “section 16(4)” and “but”.

(11) In regulation 4(8) for “section 44(6)(a)”, in both places, and “section 45(3)(a)” in both places, substitute respectively “section 59(1)(a)” and “section 59(4)(a)”.

(12) In regulation 4(9) for “section 45(1)” and “accrued rights” substitute respectively “section 55(4)(c)” and “under the scheme”.

(13) In paragraph 2 of Schedule 3 for “section 4 of the Act, or section 29(2) or (2A) of the Pensions Act” and “section 35(7) of the Pensions Act” substitute respectively “section 47(2) or (5) or 48(2) of the Act” and “section 16(2) of the Act”.

The Personal Pension Schemes (Appropriate Schemes) Regulations 1988(26)

21.—(1) The Personal Pension Schemes (Appropriate Schemes) Regulations 1988 shall be amended as follows—

(2) In regulation 1(2)—

(a)in the definition of “the Act” for “Social Security Act 1986” substitute “Pension Schemes Act 1993”;

(b)in the definitions of “contracted-out”, “contracted-out scheme” and “money purchase contracted-out scheme” for “the Social Security Pensions Act 1975” substitute “the Act”;

(c)in the definition of “tax week” for “the Social Security Act 1975” substitute “the Act”.

(3) In regulation 2(1A), for “paragraph 7(2) of Schedule 1 to the Act” substitute “section 10(3) of the Act”.

(4) In regulations 7(2)(b), 9(6)(b), 12(1),(2) and (3), 13(1) and (2) and 14(3) for “section 1(9)” wherever it occurs substitute “section 44(1)”.

(5) In regulations 8(5), 9(6) and 10(1) for “section 67 of the Social Security Act 1973” substitute “section 172 of the Act”.

(6) In regulation 13 for “section 1(10)” wherever it occurs substitute “section 44(2)”.

(7) In regulations 14(11) and 17(9)(a) and (f) omit “(within the meaning of section 1 of the Social Security Pensions Act 1975)”.

(8) In regulation 16—

(a)for “section 3(1)(b) of the Act” substitute “section 3(1)(b) of the Social Security Act 1986”;

(b)for “section 3(1)(a)” substitute “section 45(1) of the Act”.

(9) In regulation 17—

(a)in paragraph (2) for “paragraph (b), but not paragraph (a), of section 3(1)” substitute “section 3(1)(b) of the Social Security Act 1986, but not section 45(1)”;

(b)in paragraph (4) for “section 3(1)(a) and (aa)” substitute “section 45(1) and (2)”;

(c)in paragraph (6) for “section 3(1)(b) of the Act” substitute “section 3(1)(b) of the Social Security Act 1986”;

(d)in paragraph (9)(c) for “section 3(2) of the Act” substitute “section 3(2) of the Social Security Act 1986”.

(10) In regulation 17A for “section 3(1)(aa)” substitute “section 45(2)”.

(11) In regulation 19(2) and paragraph 2 of Schedule 2 for “section 15(1)” substitute“section 160(1)”.

(12) In regulation 20—

(a)in paragraphs (3) and (5)(b) for “Schedule 1” substitute “sections 9(5) and 26 to 32”;

(b)in paragraph (5) for “section 5(8)” and “that Schedule” substitute respectively “section 58(3)” and “those sections”.

The Personal Pension Schemes (Compensation) Regulations 1988(27)

22.—(1) The Personal Pension Schemes (Compensation) Regulations 1988 shall be amended as follows—

(2) In regulation 1(2) in the definition of “the Act” for “Social Security Act 1986” substitute “Pension Schemes Act 1993”.

(3) In regulation 3(1) for “sub-paragraph (b) of paragraph 10 of Schedule 1 to the Act” substitute “paragraph (b) of section 30(1) of the Act”.

(4) In regulation 3(2) for “under Part I of the Act” substitute “for the purposes of the Act”.

The Personal Pension Schemes (Advertisements) Regulations 1990(28)

23.—(1) The Personal Pension Schemes (Advertisements) Regulations 1990 shall be amended as follows—

(2) In regulation 1(2) in the definition of “Act” for “Social Security Act 1986” substitute “Pension Schemes Act 1993”.

(3) In regulation 3(2)(a)(i) and (b)(i) for “Part I of the Act” and “section 3(1) of the Act” substitute respectively “section 43 of the Act” and “paragraph (2A) below”.

(4) After regulation 3(2)

insert—

“(2A) In this paragraph “rebate percentage” means the percentage arrived at by adding the percentage mentioned in paragraph (a) of section 41(1) of the Act to that mentioned in paragraph (b) of that section.”.

The Personal and Occupational Pension Schemes (Perpetuities) Regulations 1990(29)

24.—(1) The Personal and Occupational Pension Schemes (Perpetuities) Regulations 1990 shall be amended as follows—

(2) In regulation 2 for the definition of “1973 Act” substitute ““the Act” means the Pension Schemes Act 1993”.

(3) In regulations 3(1) and 4 for “qualifies under section 69 of the 1973 Act” substitute “is a scheme to which section 163 of the Act applies”.

(4) In regulation 5 for “qualify under section 69 of the 1973 Act” substitute “be a scheme to which section 163 of the Act applies”.

The Occupational Pension Schemes (Modification) Regulations 1990(30)

25.—(1) The Occupational Pension Schemes (Modification) Regulations 1990 shall be amended as follows—

(2) In regulations 2(2), 3(1) and 4 for “section 64(1A) of the Social Security Act 1973” substitute “section 136(1) of the Pension Schemes Act 1993”.

(3) In regulation 2(3) for “section 64(7) of the Social Security Act 1973” onwards substitute “section 138(5) of the Pension Schemes Act 1993 does not apply”.

(4) In regulation 3(6) for “section 37A of the Social Security Pensions Act 1975”, “section 66(1) of the Social Security Pensions Act 1975” and “section 52A of the Social Security PensionsAct 1975” substitute respectively “section 109 of the Pension Schemes Act 1993”, “section 181(1) of that Act” and “Chapter I of Part V of that Act”.

The Occupational Pension Schemes (Independent Trustee) Regulations 1990(31)

26.—(1) The Occupational Pension Schemes (Independent Trustee) Regulations 1990 shall be amended as follows—

(2) In regulation 2(1) for “section 57C(2)” and “section 57C(3)(a) and (b)” substitute respectively “section 119(2) of the Pension Schemes Act 1993” and “section 119(3)(a) and (b) of that Act”.

(3) In regulations 2(2), 3(2), (3), (4), 4(2), and 5(3) for “section 57C” substitute “section 119 of the Pension Schemes Act 1993”.

(4) In regulations 3(1), 4(1), 5(1), 6(1), (2), (3) and (4) for “Sections 57C and 57D” substitute “Sections 119 to 122 of the Pension Schemes Act 1993”.

(5) In regulation 3(3) for “section 57D” substitute “sections 120 to 122 of that Act”.

(6) In regulation 3(4) for “section 57C(7)(a)” and “section 57C(2)” substitute respectively “subsection (6)(a) of that section” and “subsection (2) of that section”.

(7) In regulation 4(1) for “paragraph 3 of Schedule 16 to the Social Security Act 1973” substitute “section 70 of that Act”.

(8) In regulation 5(2) for “section 57C(1)” substitute “section 119(1) of the Pension SchemesAct 1993”.

(9) In regulation 7(2) for “Sections 57C and 57D of the Social Security Pensions Act 1975” substitute “Sections 119 to 122 of the Pension Schemes Act 1993”.

The Occupational and Personal Pension Schemes (Levy) Regulations 1990(32)

27. In the Occupational and Personal Pension Schemes (Levy) Regulations 1990—

(a)in the definition of “the Act” in regulation 1(2) for “Social Security Pensions Act 1975” substitute “Pension Schemes Act 1993”;

(b)in regulation 2(1) for “section 57B, Part IVA and section 59K” substitute “sections 6, 174 and Part X”.

The Register of Occupational and Personal Pension Schemes Regulations 1990(33)

28.—(1) The Register of Occupational and Personal Pension Schemes Regulations 1990 shall be amended as follows—

(2) In regulation 1(4) in the definition of “the Act” for “Social Security Pensions Act 1975” substitute “Pension Schemes Act 1993”.

(3) In regulation 2(2) for “Occupational” to “1973” substitute “Board”.

(4) In regulation 6(1)(b) for “section 59B” substitute “section 145”.

The Contracting-out (Protection of Pensions) Regulations 1991(34)

29.—(1) The Contracting-out (Protection of Pensions) Regulations 1991 shall have effect with the following amendments.

(2) In regulation 1(3) for “section”, in both places, and “Social Security Pensions Act 1975” substitute respectively “provision” and “Pension Schemes Act 1993”.

(3) In regulation 2(2) for “sections 41A” to “widows' pensions)” and “Sections 41A(3)” to “are” substitute respectively “Chapter III of Part IV” and “Section 88(1) is”.

(4) In regulation 3(2) for “section 41A(1)” and “section 41A(3)” substitute respectively “section 87(3)” and “section 88(1)(a)”.

(5) In regulation 4(2) for “section 41B” and “section 41B(3)” substitute respectively “Chapter II of Part IV in a case where section 87(2) applies” and “section 88(1)(b)”.

(6) In regulation 5 for “section 41B(3)” and “section 41B” substitute respectively “section 88(1)(b)” and “Chapter II of Part IV in a case where section 87(2) applies”.

(7) In regulation 6(2) for “section 41C” to “provisions)”, “section 41A(3)(b)” and “Section 41C” substitute respectively “section 129(1) to (3)”, “section 88(1)(a)(ii)” and “Section 129(1) to (3)”.

(8) In regulation 7(2) for “sections 41A(6) and 41B(5)”, “those sections” and “Sections 41A(6) and 41B(5) are” substitute respectively “section 87(5)”, “that section” and “Section 87(5) is”.

(9) In regulation 8(2) for “Sections 41A(2B) and 41B(3B) are” substitute “Section 90 is”.

(10) In regulation 9—

(a)in paragraph (1) for “section 41E” onwards substitute “sections 134 and 135 (determination of questions whether schemes conform with requirements and persons competent to make such applications)”;

(b)in paragraph (2) for “section 41E” substitute “section 135(1)”;

(c)in paragraph (3) for “section 41E(2)” substitute “section 135(1)”.

The Occupational Pension Schemes (Preservation of Benefit) Regulations 1991(35)

30.—(1) The Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 shall be amended as follows—

(2) for regulation 1(3) substitute—

“(3) In these Regulations “the Act” means the Pension Schemes Act 1993.”.

(3) In regulations 2(1) and 3(1) for “Part II of the Social Security Act 1973” substitute “Chapter Iof Part IV of the Act”.

(4) In regulation 4(1) for “paragraph 5(1)(c) of Schedule 16” substitute “section 75(1)(c) ofthe Act”.

(5) In regulation 5(1) for “paragraph 6(5) of Schedule 16” substitute “section 71(6) of the Act”.

(6) In regulation 6(1)—

(a)for “paragraph 9(1) of Schedule 16” substitute “section 73(1) of the Act”;

(b)at the end insert “and the conditions necessary for a discharge under section 81 of the Act”.

(7) In regulations 6(1), (2), (3), 9(1) and (7), 21(5)(b) and (7) for “section 52C of the Social Security Pensions Act 1975” and “section 52C” substitute respectively “section 19 of the Act” and “section 19”.

(8) In regulation 7(1) and 21(5)(a) for “paragraph 9(2) of Schedule 16” substitute “section 73(2) of the Act”.

(9) In regulation 7(3) for “paragraph 9(4) of Schedule 16” substitute “section 73(5) of the Act”.

(10) In regulation 9(1), at the end, insert “and which satisfies the conditions necessary for a discharge under section 81 of the Act”.

(11) In regulation 9(5)(b) insert “to the Social Security Act 1973” after “Schedule 16”.

(12) In regulation 9(3) and (6)(c) for “Part II of Schedule 1A to the Social Security PensionsAct 1975” substitute “Chapter IV of Part IV of the Act”.

(13) In regulations 9(6)(a) and 14(1) for “section 66 of the Social Security Pensions Act 1975” substitute “section 181(1) of the Act”.

(14) In regulations 11(2) for “paragraph 12(2) of Schedule 1A to the Social Security Pensions Act 1975” substitute “section 94(2) of the Act”.

(15) In regulation 12(1) for “paragraph 9(3) of Schedule 16” and “paragraph 9(2)(a) ofSchedule 16” substitute respectively “section 73(4) of the Act” and “section 73(2)(a) of the Act”.

(16) In regulations 13(3), 14(2)

to (4), 16(1) and 17(1) for “paragraph 11 of Schedule 16” and “paragraph 10(1) of Schedule 16”, wherever they occur, substitute respectively “section 74(6) ofthe Act” and “section 74(1) of the Act”.

(17) In regulation 17—

(a)in paragraph (2) for “paragraph 13(2) of Schedule 16” and “paragraph 13(2)(b) of Schedule 16” substitute respectively “section 75(3) of the Act” and “section 75(4)(b) of the Act”;

(b)in paragraph (3) for “paragraph 13(3) of Schedule 16” substitute “section 75(5) of the Act”;

(c)in paragraph (4) for “paragraph 13(3)(a) of Schedule 16” substitute “section 75(5)(a) ofthe Act”.

(18) In regulation 18(1) for “paragraph 15(4) of Schedule 16” substitute “section 77(5) and (6) of the Act”.

(19) In regulation 20(3) for “paragraph 18 of Schedule 16” substitute “section 79 of the Act”.

(20) In regulation 21—

(a)in paragraph (2) for “paragraph 7(2) of Schedule 16” substitute “section 71(9) of the Act”;

(b)in paragraph (4) for “paragraph 6(1) of Schedule 16” and “Paragraph 6(1) of Schedule 16” substitute respectively “section 71(1) of the Act” and “Section 71(1) of the Act”;

(c)in paragraph (5)(b) insert after “annuity contracts)”“and which satisfies the conditions necessary for a discharge under section 81 of the Act”;

(d)in paragraph (5)(c) for “the Social Security Pensions Act 1975” substitute “Chapter III of Part III of the Act”.

(21) In regulation 22(2) for “paragraph 6(2) of Schedule 16” substitute “section 71(3) of the Act”.

(22) In regulation 25—

(a)in paragraph (2) for “Part I of Schedule 16 is” substitute “Sections 69 to 80 of the Act are”;

(b)in paragraph (3) for “paragraph 6(1) of Schedule 16” substitute “section 71(1) of the Act”.

(23) In regulation 26(3) for “the Social Security Act 1986” substitute “section 1 of the Act”.

(24) In regulation 27 for “Schedule 16”, in both places it occurs, “paragraph 6(1)”, “paragraph 6(2) and (3)”, “paragraphs 10 to 12”, “paragraph 13”, and “paragraph 14” substitute respectively“Chapter I of Part IV of the Act”, “section 71(1)”, “section 71(3) and (4)”, “section 74”, “section 75” and “section 76”.

The Occupational Pension Schemes (Revaluation) Regulations 1991(36)

31.—(1) The Occupational Pension Schemes (Revaluation) Regulations 1991 shall be amended as follows—

(2) In regulation 2—

(a)for the definition of “Schedule 1A” substitute—

““the Act” means the Pension Schemes Act 1993”;

(b)in the definition of “short service benefit” for “Schedule 16” onwards substitute “the Act”.

(3) In regulation 3(2) for “paragraphs 1(2)(a) and 2(2)(a) of Schedule 1A” and “Paragraphs 1(2)(a) and 2(2)(a)” substitute respectively “section 83(1)(a)(iii) of and paragraph 2(7) of Schedule 3 to the Act” and “Section 83(1)(a)(iii) of and paragraph 2(7) of Schedule 3 to the Act”.

(4) In regulation 4—

(a)in paragraph (2) for “paragraph 2 of Schedule 1A” substitute “section 84 of the Act”;

(b)in paragraph (3) for “Schedule 1A” and “whichever of paragraphs 2 to 5 of Schedule 1A applies to it” substitute respectively “Chapter II of Part IV of the Act” and “whichever method applies to it in accordance with section 84 of the Act”.

(5) In regulation 5—

(a)in paragraph (1) for “paragraph 2” to “that paragraph” substitute “the final salary method, within the meaning of paragraph 1 of Schedule 3 to the Act, applies and partly of a component to which that method”;

(b)in paragraph (2) for “Schedule 1A”, “paragraph 2 of Schedule 1A” to “paragraph 2(2) of Schedule 1A” and “that paragraph” substitute respectively “Paragraph 1 of Schedule 3 to the Act”, “the final salary method applies, the pensionable service and the amount of pension or other benefit referred to in sub-paragraph (1) of that paragraph” and “that method”.

(6) In regulation 6 for “paragraph 5 of Schedule 1A”, in both places it occurs, substitute “paragraph 5 of Schedule 3 to the Act”.

(7) In regulation 7 for “paragraph 7 of Schedule 1A” and “Paragraph 7 of Schedule 1A” substitute respectively “section 129 of the Act as it applies as respects Chapter II of Part IV of the Act” and “Section 129”.

(8) In regulation 8 for “Paragraph 9” and “Paragraph 9 of Schedule 1A”, wherever they occur, substitute “Section 86(1) of the Act” and for “Schedule 1A” in each place it occurs, substitute “Chapter II of Part IV of the Act”.

(9) In regulation 9—

(a)in paragraph (1)(b) for “the method” onwards substitute “the final salary method, within the meaning of paragraph 1 of Schedule 3 to the Act”;

(b)in paragraph (2) for “Paragraph 2 of Schedule 1A” substitute “Paragraph 1 of Schedule 3 to the Act” and omit “appropriate”.

(10) In regulation 10—

(a)in paragraph (1) for “paragraph 2 of Schedule 1A” substitute “the final salary method, within the meaning of paragraph 1 of Schedule 3 to the Act”;

(b)for paragraph (2) substitute—

“(2) Paragraph 1 of Schedule 3 to the Act is modified so that the scheme may provide for the pensionable service referred to in sub-paragraph (1) of that paragraph to be calculated to the nearest, next highest or next lowest whole month. Where a scheme provides for rounding as described in this paragraph it must provide for all pensionable service there referred to to be rounded in the same way.”.

(11) In regulation 11—

(a)in paragraph (1) for “paragraph 21” to “1973” substitute “section 165(6) of the Act”;

(b)in paragraph (2) for “Schedule 1A” to “pensions)” substitute “Chapter II of Part IV of the Act”.

(12) In regulation 12(2) for “Schedule 1A” substitute “Chapter II of Part IV of the Act”.

(13) In regulation 13(2) for “Schedule 1A is”, “” to “Schedule 1A” and “D in that formula” substitute respectively “Paragraph 1 of Schedule 3 to the Act is”, “the total pensionable service referred to in sub-paragraph (1)(b) of that paragraph” and “the amount of the pension or other benefit which has accrued on the termination date as referred to in sub-paragraph (1) of that paragraph”.

The Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1991(37)

32.—(1) The Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1991 shall be amended as follows—

(2) In regulation 1(2)—

(a)for the definition of “the Pensions Act” substitute ““the Act” means the Pension Schemes Act 1993”;

(b)in the definition of “complaint” for “section 59C(1) of the Pensions Act” substitute “section 146(1) of the Act”;

(c)in the definition of “dispute” for “section 59C(2) of the Pensions Act” substitute “section 146(2) of the Act”;

(d)for “in the Pensions Act” substitute “in the Act”.

(3) In regulation 2(2) for “Part IVA of the Pensions Act” substitute “Part X of the Act”.

The Occupational Pension Schemes (Investment of Scheme’s Resources) Regulations 1992(38)

33.—(1) The Occupational Pension Schemes (Investment of Scheme’s Resources) Regulations 1992 shall be amended as follows—

(2) In regulation 1(3) for “paragraph 3(1) of Schedule 16 to the Socil Security Act 1973” substitute “section 70 of the Pension Schemes Act 1993”.

(3) In regulation 4(1)(b) omit from “within” to “contributions)”.

(4) In regulation 5(4) for “section 57A(3) of the Social Security Pensions Act 1975” substitute “section 112(3) of the Pension Schemes Act 1993”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under the Pension Schemes Act 1993 and are made before the end of the period of 6 months beginning with the coming into force of that Act and the Pension Schemes (Northern Ireland) Act 1993.

The Pension Schemes Act 1993 consolidated and repealed the majority of the existing statutory provisions relating to occupational and personal pension schemes (with the exception of provisions relating to taxation). The provisions so consolidated (“the repealed provisions”) included provisions conferring powers to make regulations, which have been exercised by the making of a large number of Regulations (“the existing Regulations”). The existing Regulations continue to have effect, by virtue of section 17(2)(b) of the Interpretation Act 1978, despite the repeal of the provisions conferring the power to make them.

The Pension Schemes (Northern Ireland) Act 1993 made similar provisions in relation to Northern Ireland.

These Regulations substitute for references in the existing Regulations to the repealed provisions references to the corresponding provisions of the Pension Schemes Act 1993 and the Pension Schemes (Northern Ireland) Act 1993. They also make necessary changes to the existing Regulations where the existing Regulations operate by making detailed modifications of text of the repealed provisions which has not survived in the same form in the Pension Schemes Act 1993. In neither case, however, has any alteration of substance been made.

Schedule 2 to these Regulations contains the necessary amendments of the existing Regulations.

These Regulations are consequential upon the coming into force of the Pension Schemes Act 1993 and the Pension Schemes (Northern Ireland) Act 1993 and are made before the end of the period of 6 months beginning with the commencement of those Acts and therefore, under section 173 of the Social Security Administration Act 1992, no proposals to make them have been submitted to the Occupational Pensions Board or the Social Security Advisory Committee.

The Regulations do not impose any costs on business.

(1)

1992 c. 53.

(2)

1993 c. 48.

(3)

1993 c. 49.

(4)

See section 185(6) of the Pension Schemes Act 1993 (c. 48), and section 173(5)(b) of the Social Security Administration Act 1992 (c. 5).

(5)

S.I. 1973/1776.

(6)