The Occupational Pension Schemes (Winding up etc.) Regulations 2005

Statutory Instruments

2005 No. 706

PENSIONS

The Occupational Pension Schemes (Winding up etc.) Regulations 2005

Made

22nd March 2005

Laid before Parliament

23rd March 2005

Coming into force, except for

paragraph 4 of the Schedule,

6th April 2005

paragraph 4 of the Schedule

6th April 2006

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 9, 25(2), 97(1), (2)(b) and (3), 101I, 101L, 113, 181(1) and 183(3) of the Pension Schemes Act 1993(1), sections 49(2)(b), 56(3), 57(1) and (5), 68(2)(e), 73(2)(b), (6), (7) and (9), 73A(7), (8)(a) and (b) and (10), 73B(4), (5) and (8), 74(2) and (3)(e), 76(2), 91(5)(c), 118(1)(a) and (b), 119, 124(1) and (3E), 174(2)(a) and (3) of the Pensions Act 1995(2) and sections 30(1) and (2) and 83(4) and (6) of, and paragraph 8(1) of Schedule 5 to, the Welfare Reform and Pensions Act 1999(3), and of all other powers enabling him in that behalf, by this instrument which is consequential on section 270 of the Pensions Act 2004(4) and section 326 of and Part 3 of Schedule 42 to the Finance Act 2004(5) and is made before the end of the period of six months beginning with the coming into force of those provisions(6), and having consulted such persons as the Secretary of State considers appropriate with respect to regulations 16 and 17(7), hereby makes the following Regulations:

(1)

1993 c. 48. Section 9 is amended by sections 136(3) and (4), 151 and 177 of, and paragraphs 21 and 24 of Schedule 5 and Part 3 of Schedule 7 to, the Pensions Act 1995 (c. 26) and section 1(1) of, and paragraph 35(1) to (4) of Schedule 1 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Section 25(2) is substituted by paragraph 33(b) of Schedule 5 to the Pensions Act 1995 and amended by paragraph 40(a) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999. Section 97 is amended by paragraph 4 of Schedule 6 to the Pensions Act 1995 and by section 56 of, and paragraph 8(1) of Schedule 5 to, the Child Support, Pensions and Social Security Act 2000 (c. 19). Sections 101I and 101L are inserted by section 37 of the Welfare Reform and Pensions Act 1999 (c. 30). Section 113 was amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and by section 52 of the Child Support, Pensions and Social Security Act 2000. Section 181(1) is cited for the meaning it gives to “prescribe” and “regulations”. Section 183(3) was amended by sections 122, 173 and 177 of, and paragraph 45 of Schedule 3, paragraph 15(b) of Schedule 6 and Part 1 of Schedule 7 to, the Pensions Act 1995, and by section 84(1) of, and paragraphs 28 and 42 of Schedule 12 to, the Welfare Reform and Pensions Act 1999.

(2)

1995 c. 26. Section 73 is substituted and sections 73A and 73B are inserted by section 270(1) of the Pensions Act 2004 (c. 35). Section 74(2) is amended by sections 270(2)(b) and 320 of, and Part 1 of Schedule 13 to, that Act. Section 74(3)(e) is inserted by section 270(2)(c) of that Act. Section 118(2) was amended by section 47(3) of the Child Support, Pensions and Social Security Act 2000. Section 124(1) is cited for the meaning it gives to “prescribed” and “regulations”. Subsections (3A) to (3E) are inserted into section 124 by section 49(2) of the Child Support, Pensions and Social Security Act 2000.

(3)

1999 c. 30.

(4)

2004 c. 35.

(5)

2004 c. 12.

(6)

See section 185 of the Pension Schemes Act 1993 and section 120 of the Pensions Act 1995 which provide that the Secretary of State must consult such persons as he may consider appropriate before making regulations for the purposes of the provisions for the purposes of which these Regulations are made. This duty does not apply where regulations are made before the end of the period of six months beginning with the coming into force of any enactment upon which the regulations are consequential.

(7)

See section 83(11) of the Welfare Reform and Pensions Act 1999.