The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005

This Statutory Instrument has been made in consequence of defects in S.I. 2005/441, 590, 652, 669, 670, 672, 678 and 931, and is being issued free of charge to all known recipients of those Statutory Instruments.

Statutory Instruments

2005 No. 993

PENSIONS

The Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005

Made

30th March 2005

Laid before Parliament

31st March 2005

Coming into force

1st April 2005

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 60(2), 124(1) and 174(3) of the Pensions Act 1995(1) and sections 38(1)(b), 52(1)(b), 122(5)(a) and (8), 126(1)(b) and (5), 129(8), 135(4), 139(6), 140(6), 141(2) and (6), 143(4) and (11)(a)(i), 146(1), 150(5) and (6)(a), 151(4)(b)(ii), (8)(b) and (9)(b), 207(1), (2) and (5)(b), (d) and (e), 307(1)(b) and (2)(b), 315(2), (4) and (5) and 318(1) and (4)(a) of, and paragraph 23(1)(a), (2)(a) and (b) of Schedule 7 to, the Pensions Act 2004(2), and of all other powers enabling him in that behalf, by this instrument, which contains regulations consequential on section 271 of the Pensions Act 2004 and also contains regulations made before the end of the period of six months beginning with the coming into force of section 271 and the provisions of that Act by virtue of which they are made(3), hereby makes the following Regulations:

(1)

1995 c. 26. Section 124(1) is cited for the meaning there given to “prescribed” and “regulations”.

(2)

2004 c. 35. The Pensions Act 2004 (“the Act”) is modified in its application to partially guaranteed schemes by the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 (S.I. 2005/277), in its application to multi-employer schemes by the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2005 (S.I. 2005/441), and in its application to hybrid schemes by the Pension Protection Fund (Hybrid Schemes) (Modification) Regulations 2005 (S.I. 2005/449). Section 318(1) is cited because of the meaning there given to “modifications”, “prescribed” and “regulations”.

(3)

See section 120 of the Pensions Act 1995 which provides that the Secretary of State must consult such persons as he considers 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 on which the regulations are consequential. See also section 317 of the Act, which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions of the Act (other than Part 8). 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 the provisions of the Act by virtue of which the regulations are made.