2000 No. 3166 (C. 101)

PENSIONS
SOCIAL SECURITY

The Child Support, Pensions and Social Security Act 2000 (Commencement No. 4) Order 2000

Made

The Secretary of State for Social Security, in exercise of the powers conferred on him by section 86(2) and (3)(a) of the Child Support, Pensions and Social Security Act 20001 and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation1

1

This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No. 4) Order 2000.

2

In this Order, unless the context otherwise requires, any reference to a numbered section or Schedule is a reference to the section or, as the case may be, the Schedule bearing that number in the Child Support, Pensions and Social Security Act 2000.

Appointed days2

1

The day appointed for the coming into force of section 42 (disclosure of state pension information) is—

a

for the purposes of authorising the making of regulations, 1st December 2000; and

b

for all other purposes, 1st January 2001.

2

1st December 2000 is the day appointed for the coming into force of the following provisions:—

a

section 37 (revaluation of earnings factors);

b

section 51 (restriction on index-linking where annuity tied to investments);

c

section 53 (jurisdiction of the Pensions Ombudsman);

d

section 73 (Social Security Advisory Committee) for the purposes of inserting a new paragraph (af) into each of the definitions of “relevant enactments” and “relevant Northern Ireland enactments” in section 170(5) of the Social Security Administration Act 19922 so far as each new paragraph (af) refers to section 42; and

e

in Schedule 9, section (3) of Part III (repeals of provisions concerned with the Pensions Ombudsman), except in so far as it relates to the Pensions Act 19953.

3

1st January 2001 is the day appointed for the coming into force of the following provisions:—

a

section 52 (information for members of pension schemes etc.) except in so far as it inserts a new subsection (3B) in section 113 of the Pension Schemes Act 19934;

b

in Part I of Schedule 5 (miscellaneous amendments relating to pensions)—

i

paragraph 1 (guaranteed minimum for widows and widowers),

ii

paragraph 2 (transfer of rights to overseas personal pension schemes),

iii

paragraph 3 (protected rights),

iv

paragraph 7 (use of cash equivalent for annuity),

v

paragraph 8(2) (transfer values where pension in payment),

vi

paragraph 9 (information about contracting-out), and

vii

paragraph 12(1) (provision of documents and information by persons other than auditors or actuaries),

and section 56 so far as it relates to those paragraphs; and

c

in Schedule 9, sections (4) to (9) of Part III (repeals of certain provisions relating to occupational and personal pensions).

4

The day appointed for the coming into force of section 40 (home responsibilities protection) is 8th January 2001.

5

The day appointed for the coming into force of Part II of Schedule 5 (alternative to anti-franking rules), and section 56 so far as it relates to that Part—

a

for the purposes of authorising the making of regulations and the making of orders, is 12th February 2001; and

b

for all other purposes, is 1st June 2001.

Amendment of earlier Order3

In article 6 of the Child Support, Pensions and Social Security Act 2000 (Commencement No. 2) Order 20005 for the word “orders” there shall be substituted the words “an order appointing the first or second appointed year”6.

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

Jeff RookerMinister of State,Department of Social Security

(This note is not part of the Order)

This Order brings into force further provisions of the Child Support, Pensions and Social Security Act 2000, as follows:

Section 42 (which provides for the disclosure of certain information about a person’s state retirement pension) is brought into force on 1st December 2000 for purposes of authorising the making of regulations, and on 1st January 2001 for other purposes (article 2(1)).

Sections 37, 51 and 53 (which make provision in connection with, respectively, the revaluation of earnings factors, the indexation of investment-linked annuities, and the jurisdiction of the Pensions Ombudsman) are brought into force on 1st December 2000, together with section 73 in so far as it provides for the reference to the Social Security Advisory Committee of proposals to make regulations under section 42. Certain repeals made by Schedule 9 which are associated with the commencement of section 53 are also brought into force on 1st December 2000 (article 2(2)).

Subsection (1), and part of subsection (2), of section 52 (which provides for members of pension schemes to be supplied with certain additional information) and miscellaneous amendments in Part I of Schedule 5 relating to occupational and personal pension schemes are brought into force on 1st January 2001, together with associated repeals in Schedule 9 (article 2(3)). (The relevant paragraphs of Schedule 5, and the nature of the miscellaneous amendments made by them, are set out in sub-paragraph (b) of article 2(3).)

Section 40 (which provides for regulations in connection with the treatment of persons as being precluded from regular employment by responsibilities at home) is brought into force on 8th January 2001 (article 2(4)). Part II of Schedule 5 (which provides for an alternative to the anti-franking rules for occupational pension schemes) is brought into force on 12th February 2001 for the purpose of making regulations and orders, and 1st June 2001 for all other purposes (article 2(5)).

Article 3 amends an earlier order as it relates to the purposes for which sections 30-35 (state second pension) are brought into force on 8th January 2001.

The impact on business of the commencement of provisions in the Child Support, Pensions and Social Security Act 2000 is detailed in the Regulatory Impact Assessment (as revised) relating to the Child Support, Pensions and Social Security Bill (which was introduced in the House of Commons on 1st December 1999). A copy of that assessment has been placed in the libraries of both Houses of Parliament and can be obtained from the Department of Social Security, Regulatory Impact Unit, 3rd Floor, The Adelphi, 1-11 John Adam Street, London WC2N 6HT.

(This note is not part of the Order)

The following provisions have been brought into force by the Child Support, Pensions and Social Security Act 2000 (Commencement No. 1) Order 2000 (S. I.2000/2666 (C.74)), the Child Support, Pensions and Social Security Act 2000 (Commencement No. 2) Order 2000 (S.I.2000/2950 (C.87)) and the Child Support, Pensions and Social Security Act 2000 (Commencement No. 3) Order 2000 (S.I.2000/2994 (C.94)).

Provision

Date of Commencement

S.I.No.

*7section 1 (3)

10th November 2000

2000/2994

*sections 3-5

10th November 2000

2000/2994

*section 6

10th November 2000

2000/2994

*section 7

10th November 2000

2000/2994

1st January 2001

*sections 9 & 10

10th November 2000

2000/2994

*sections 16-21

10th November 2000

2000/2994

section 22(3)

10th November 2000

2000/2994

*section 26

10th November 2000

2000/2994

1st January 2001

2000/2994

section 27

10th November 2000

2000/2994

1st January 2001

2000/2994

*sections 30-35

8th January 2001

2000/2950

section 36

1st November 2000

2000/2950

section 41

29th September 2000

2000/2666

*section 56

1st November 2000

2000/2950

sections 57 & 58

15th November 2000

2000/2994

9th April 2001

section 59

1st January 2001

2000/2994

section 60

9th April 2001

2000/2994

section 61

1st January 2001

2000/2994

*sections 62-65

1st December 2000

2000/2950

*section 67

1st November 2000

2000/2950

*section 68

1st November 2000

2000/2950

*section 69

1st November 2000

2000/2950

*section 71

1st November 2000

2000/2950

section 72

9th October 2000

2000/2666

*section 73

1st November 2000

2000/2950

1st December 2000

2000/2950

*Schedule 1

10th November 2000

2000/2994

*Schedule 2

10th November 2000

2000/2994

Schedule 3—

paragraph 11(17)

1st January 2001

2000/2994

*paragraph 11(18)

10th November 2000

2000/2994

*Schedule 4

8th January 2001

2000/2950

Schedule 5—

paragraph 10

1st November 2000

2000/2950

Schedule 6—

*paragraph 1

1st November 2000

2000/2950

paragraph 7

1st November 2000

2000/2950

*paragraph 8

1st November 2000

2000/2950

Schedule 7—

*paragraphs 1, 3,4, 6, 8-10, 12-16,19, 20, 21, and 23

1st November 2000

2000/2950

Schedule 9—

Part IV

9th April 2001

2000/2994