http://www.legislation.gov.uk/id/uksi/2005/275

http://www.legislation.gov.uk/uksi/2005/275/article/2/made

The Pensions Act 2004 (Commencement No. 2, Transitional Provisions and Consequential Amendments) Order 2005

Pensions

Occupational pensions

Paternity leave

King's Printer of Acts of Parliament

2015-05-29

PENSIONS

This Order provides for the coming into force of provisions of the Pensions Act 2004 (c. 35) on the following dates–10th February for the purpose only of conferring power to make regulations or orders relating to the borrowing limit for the Board of the Pension Protection Fund, dissolution of the Occupational Pensions Regulatory Authority, and modification of the Act in relation to certain categories. The provisions in question are brought fully into force on 9th March 2005;10th February 2005 for the purpose only of conferring power to make regulations relating to various levies for the Pensions Regulator and the Board of the Pension Protection Fund. The provisions in question are brought fully into force on 1st April 2005;10th February 2005 for the purpose only of conferring power to make regulations, orders or rules relating in particular to the functions of the Pensions Regulator (including the Pensions Regulator Tribunal), and the Board of the Pension Protection Fund. The provisions in question are brought fully into force on 6th April 2005,10th February 2005 for provisions relating in particular to governance of the Pensions Regulator and the Board of the Pension Protection Fund;8th March 2005 for other provisions relating to borrowing of the Board of the Pension Protection Fund and for modification of the Act in relation to certain categories of scheme;1st April 2005 for other provisions relating to levies in relation to the Pensions Regulator and the Board of the Pension Protection Fund; and6th April 2005 for provisions relating in particular to the functions of the Pensions Regulator and the Board of the Pension Protection Fund, the dissolution of OPRA and provisions relating to paternity leave and adoption leave.

Citation, interpretation and appointed days

Appointed days2

1

The day appointed for the coming into force of the provisions of the Act specified in Part 1 of the Schedule—

a

for the purpose only of conferring power to make regulations or orders, as the case may be, is 10th February 2005; and

b

for all other purposes, is 8th March 2005.

2

The day appointed for the coming into force of the provisions of the Act specified in Part 2 of the Schedule—

a

for the purpose only of conferring power to make regulations, is 10th February 2005; and

b

for all other purposes, is 1st April 2005.

3

Subject to paragraphs (8) and (10), the day appointed for the coming into force of the provisions of the Act specified in Part 3 of the Schedule—

a

for the purpose only of conferring power to make regulations, orders or rules, as the case may be, is 10th February 2005; and

b

for all other purposes, is 6th April 2005.

4

The day appointed for the coming into force of the provisions of the Act specified in Part 4 of the Schedule is 10th February 2005.

5

The day appointed for the coming into force of the provisions of the Act specified in Part 5 of the Schedule is 8th March 2005.

6

The day appointed for the coming into force of the provisions of the Act specified in Part 6 of the Schedule is 1st April 2005.

7

Subject to paragraph (12), the day appointed for the coming into force of the provisions of the Act specified in Part 7 of the Schedule is 6th April 2005.

8

Paragraph (3) does not apply as respects section 270 of the Act, so far as it affects sections 73 and 74 of the 1995 Act as they apply immediately before 6th April 2005 to any scheme which–

a

was regarded at that time by virtue of regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations 19964 as having begun to be wound up for the purposes of those Regulations; or

b

in accordance with section 124(3A) to (3E) of the 1995 Act5 began to wind up before that date.

9

In paragraph (8) the reference to a scheme includes a reference to any section of a scheme to which sections 73 and 74 of the 1995 Act apply as if it were a scheme by virtue of regulation 12 of those Regulations.

10

Paragraph (3) does not apply as respects section 271 of the Act, so far as it affects section 75 of the 1995 Act as it applies immediately before 6th April 2005 to–

a

any scheme other than a money purchase scheme in the case of which a debt to the trustees or managers of the scheme has been treated as arising under section 75(1) of the 1995 Act before that date;

b

any scheme regarded at that time by virtue of regulation 2 of the Occupational Pension Schemes (Deficiency on Winding Up etc.) Regulations 19966 as having begun to be wound up for the purposes of those Regulations; or

c

any scheme which in accordance with section 124(3A) to (3E) of the 1995 Act began to wind up before that date.

11

In paragraph (10) the reference to a scheme includes a reference to any section of a scheme to which section 75 of the 1995 Act applies as if it were a scheme by virtue of regulation 4 or 8 of those Regulations.

12

Paragraph (7) does not apply as respects section 265 of the Act, so far as it affects any period of paternity leave or adoption leave which began before 6th April 2005.