The Pensions Act 2004 (Commencement No. 7) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order makes further provision for the coming into force of provisions of the Pensions Act 2004 (c. 35) (the Act).

Article 2(1) appoints the day for the coming into force of section 90 of the Act (codes of practice), in so far it is not already in force, as 14th November 2005.

Article 2(2) appoints the day for the coming into force of section 243 of the Act (member-nominated trustees and directors: supplementary) as 1st November 2005.

Article 2(3) appoints the day for the coming into force of paragraphs 19 and 20 of Schedule 12 to the Act (minor and consequential amendments) and section 319(1) in so far as it relates to those paragraphs, and Schedule 13 to the Act (repeals), in so far as it relates to the repeal of the definition of occupational pension scheme in subsection (3), and subsection (4), of section 123 of the Pension Schemes Act 1993 (c. 48) (interpretation) and section 320 in so far as it relates to those provisions, as 22nd September 2005.

Article 2(4) appoints the day for the coming into force of the provisions of the Act specified in Part 1 of the Schedule to the Order as 1st September 2005. The provisions are

• section 206 (meaning of reviewable matters), in so far as it is not already in force;

• section 302 (dissolution of the Pensions Compensation Board), in so far as it is not already in force;

• section 306(1), (2)(a) to (g), (l) and (n) and (3) (overriding requirements);

• section 309 (offences by bodies corporate and partnerships);

• section 310 (admissibility of statements);

• section 311 (protected items);

• section 312 (liens);

• section 314 (breach of regulations);

• section 319(2)(a) (minor and consequential amendments);

• sub-paragraphs (1) and (3) of paragraph 18 of Schedule 5 (the Board of the Pension Protection Fund - delegation), and section 109 in so far as it relates to those sub-paragraphs;

• sub-paragraph (3) of paragraph 76 of Schedule 12 (amendment of the Pension Schemes Act 1993 (c. 48)), in so far as it relates to Chapter 5 of Part 2 of the Act (gathering information), and section 319(1) in so far as it relates to that provision; and

• Schedule 13 (repeals), in so far as it relates to the repeal of paragraph 3(3) and (4) of Schedule 5 to the Child Support, Pensions and Social Security Act 2000 (c. 19) (miscellaneous amendments: protected rights), and section 320 in so far as it relates to that paragraph.

Article 2(5) appoints the day for the coming into force of sections 241 and 242 (requirements for member-nominated trustees and directors of corporate trustees) and 262 (modification of subsisting rights) for the purpose of conferring power to make regulations as 1st November 2005 and for all other purposes as 6th April 2006.