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The Taxation of Pension Schemes (Transitional Provisions) Order 2006
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- UK Statutory Instruments
- 2006 No. 572
- Article 2
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Changes and effects yet to be applied to Article 2:
- art. 5A inserted by S.I. 2008/2990 art. 3
- art. 23A-23D inserted by S.I. 2009/1172 art. 3
- art. 23C words substituted by 2014 c. 30 Sch. 1 para. 72(1)
- art. 23C(4) word substituted by 2014 c. 26 s. 42(5)(9)
- art. 23C(4) words omitted by S.I. 2011/1782 art. 2(3)
- art. 23C(4) words substituted by S.I. 2024/1012 reg. 25(14)
- art. 23D(2) words substituted by S.I. 2024/1167 reg. 4(8)
- art. 23D(3) omitted by S.I. 2024/1012 reg. 25(15)
- art. 23ZA-23ZE inserted by S.I. 2011/732 art. 3
- art. 23ZA(2) words inserted by S.I. 2024/1167 reg. 4(5)(a)(ii)
- art. 23ZA(2) words renumbered by S.I. 2024/1167 reg. 4(5)(a)(i)
- art. 23ZA(3) substituted by S.I. 2024/1167 reg. 4(5)(b)
- art. 23ZC(2) substituted by S.I. 2024/1012 reg. 25(12)
- art. 23ZD(2) words inserted by S.I. 2024/1167 reg. 4(6)(a)(ii)
- art. 23ZD(2) words renumbered by S.I. 2024/1167 reg. 4(6)(a)(i)
- art. 23ZD(3) substituted by S.I. 2024/1167 reg. 4(6)(b)
- art. 23ZE(2) substituted by S.I. 2024/1012 reg. 25(13)
- art. 23ZE(3) words inserted by S.I. 2024/1167 reg. 4(7)(a)(ii)
- art. 23ZE(3) words renumbered by S.I. 2024/1167 reg. 4(7)(a)(i)
- art. 23ZE(4) substituted by S.I. 2024/1167 reg. 4(7)(b)
- art. 25-25D substituted for art. 25 by S.I. 2006/2004 art. 3
- art. 25(3)(a) word substituted by S.I. 2011/1782 art. 2(4)
- art. 25A(3) words substituted by 2024 c. 3 Sch. 9 para. 95(2)
- art. 25A(5) omitted by S.I. 2011/1782 art. 2(5)
- art. 25B(2) words substituted by 2024 c. 3 Sch. 9 para. 95(3)
- art. 25C(1A) substituted for art. 25C(2)(3A) by 2024 c. 3 Sch. 9 para. 95(4)
- art. 25C(3A) substituted for art. 25C(3) by 2023 c. 30 s. 23(4)(8)
- art. 25C(4) inserted by 2014 c. 30 Sch. 1 para. 69(1)
- art. 25D modified by S.I. 2010/1187 reg. 19(b)
- art. 25D(2) words omitted by 2024 c. 3 Sch. 9 para. 95(6)(a)(ii)
- art. 25D(2) words substituted by 2024 c. 3 Sch. 9 para. 95(6)(a)(i)
- art. 25D(3) words substituted by 2024 c. 3 Sch. 9 para. 95(6)(b)
- art. 25CA-25CC inserted by 2024 c. 3 Sch. 9 para. 95(5)
- art. 25CA(1) words inserted by S.I. 2024/356 reg. 11(2)(b)
- art. 25CA(1) words substituted by S.I. 2024/356 reg. 11(2)(a)
- art. 25CA(2) words substituted by S.I. 2024/1012 reg. 25(16)
- art. 25CA(2) words substituted by S.I. 2024/1167 reg. 4(9)(a)
- art. 25CA(4) inserted by S.I. 2024/1167 reg. 4(9)(b)
- art. 25CB(1) words inserted by S.I. 2024/356 reg. 11(3)(b)
- art. 25CB(1) words substituted by S.I. 2024/356 reg. 11(3)(a)
- art. 25CC(1) words inserted by S.I. 2024/356 reg. 11(4)(a)(ii)
- art. 25CC(1) words substituted by S.I. 2024/356 reg. 11(4)(a)(i)
- art. 25CC(2) words substituted by S.I. 2024/1012 reg. 25(17)
- art. 25CC(2) words substituted by S.I. 2024/1167 reg. 4(10)(a)
- art. 25CC(4) inserted by S.I. 2024/1167 reg. 4(10)(b)
- art. 25CC(5) words inserted by S.I. 2024/356 reg. 11(4)(b)
- art. 29A inserted by S.I. 2006/1962 art. 3
- art. 29A(3) omitted by S.I. 2024/1012 reg. 25(20)
- art. 34-34B substituted for art. 34 by S.I. 2009/1989 art. 2(2)
- art. 40(6) inserted by S.I. 2024/1012 reg. 25(24)(b)
- art. 42 43 inserted by S.I. 2011/732 art. 4
- art. 44 45 inserted by S.I. 2011/732 art. 5
- art. 44 omitted by S.I. 2024/1012 reg. 25(25)
- art. 45 omitted by S.I. 2024/1012 reg. 25(25)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- art. 5A inserted by S.I. 2008/2990 art. 3
- art. 23A-23D inserted by S.I. 2009/1172 art. 3
- art. 23C words substituted by 2014 c. 30 Sch. 1 para. 72(1)
- art. 23C(4) word substituted by 2014 c. 26 s. 42(5)(9)
- art. 23C(4) words omitted by S.I. 2011/1782 art. 2(3)
- art. 23C(4) words substituted by S.I. 2024/1012 reg. 25(14)
- art. 23D(2) words substituted by S.I. 2024/1167 reg. 4(8)
- art. 23D(3) omitted by S.I. 2024/1012 reg. 25(15)
- art. 23ZA-23ZE inserted by S.I. 2011/732 art. 3
- art. 23ZA(2) words inserted by S.I. 2024/1167 reg. 4(5)(a)(ii)
- art. 23ZA(2) words renumbered by S.I. 2024/1167 reg. 4(5)(a)(i)
- art. 23ZA(3) substituted by S.I. 2024/1167 reg. 4(5)(b)
- art. 23ZC(2) substituted by S.I. 2024/1012 reg. 25(12)
- art. 23ZD(2) words inserted by S.I. 2024/1167 reg. 4(6)(a)(ii)
- art. 23ZD(2) words renumbered by S.I. 2024/1167 reg. 4(6)(a)(i)
- art. 23ZD(3) substituted by S.I. 2024/1167 reg. 4(6)(b)
- art. 23ZE(2) substituted by S.I. 2024/1012 reg. 25(13)
- art. 23ZE(3) words inserted by S.I. 2024/1167 reg. 4(7)(a)(ii)
- art. 23ZE(3) words renumbered by S.I. 2024/1167 reg. 4(7)(a)(i)
- art. 23ZE(4) substituted by S.I. 2024/1167 reg. 4(7)(b)
- art. 25-25D substituted for art. 25 by S.I. 2006/2004 art. 3
- art. 25(3)(a) word substituted by S.I. 2011/1782 art. 2(4)
- art. 25A(3) words substituted by 2024 c. 3 Sch. 9 para. 95(2)
- art. 25A(5) omitted by S.I. 2011/1782 art. 2(5)
- art. 25B(2) words substituted by 2024 c. 3 Sch. 9 para. 95(3)
- art. 25C(1A) substituted for art. 25C(2)(3A) by 2024 c. 3 Sch. 9 para. 95(4)
- art. 25C(3A) substituted for art. 25C(3) by 2023 c. 30 s. 23(4)(8)
- art. 25C(4) inserted by 2014 c. 30 Sch. 1 para. 69(1)
- art. 25D modified by S.I. 2010/1187 reg. 19(b)
- art. 25D(2) words omitted by 2024 c. 3 Sch. 9 para. 95(6)(a)(ii)
- art. 25D(2) words substituted by 2024 c. 3 Sch. 9 para. 95(6)(a)(i)
- art. 25D(3) words substituted by 2024 c. 3 Sch. 9 para. 95(6)(b)
- art. 25CA-25CC inserted by 2024 c. 3 Sch. 9 para. 95(5)
- art. 25CA(1) words inserted by S.I. 2024/356 reg. 11(2)(b)
- art. 25CA(1) words substituted by S.I. 2024/356 reg. 11(2)(a)
- art. 25CA(2) words substituted by S.I. 2024/1012 reg. 25(16)
- art. 25CA(2) words substituted by S.I. 2024/1167 reg. 4(9)(a)
- art. 25CA(4) inserted by S.I. 2024/1167 reg. 4(9)(b)
- art. 25CB(1) words inserted by S.I. 2024/356 reg. 11(3)(b)
- art. 25CB(1) words substituted by S.I. 2024/356 reg. 11(3)(a)
- art. 25CC(1) words inserted by S.I. 2024/356 reg. 11(4)(a)(ii)
- art. 25CC(1) words substituted by S.I. 2024/356 reg. 11(4)(a)(i)
- art. 25CC(2) words substituted by S.I. 2024/1012 reg. 25(17)
- art. 25CC(2) words substituted by S.I. 2024/1167 reg. 4(10)(a)
- art. 25CC(4) inserted by S.I. 2024/1167 reg. 4(10)(b)
- art. 25CC(5) words inserted by S.I. 2024/356 reg. 11(4)(b)
- art. 29A inserted by S.I. 2006/1962 art. 3
- art. 29A(3) omitted by S.I. 2024/1012 reg. 25(20)
- art. 34-34B substituted for art. 34 by S.I. 2009/1989 art. 2(2)
- art. 40(6) inserted by S.I. 2024/1012 reg. 25(24)(b)
- art. 42 43 inserted by S.I. 2011/732 art. 4
- art. 44 45 inserted by S.I. 2011/732 art. 5
- art. 44 omitted by S.I. 2024/1012 reg. 25(25)
- art. 45 omitted by S.I. 2024/1012 reg. 25(25)
Payments made from annuitiesU.K.
This section has no associated Explanatory Memorandum
2.—(1) In its application to any pension scheme which by virtue of paragraph 1(1) of Schedule 36 (pension schemes: transitional provisions and savings)—
(a)is to be treated as becoming a registered pension scheme on 6th April 2006;
(b)would have been so treated had it not been wound up before that date; or
(c)would have been so treated if the scheme administrator had not notified Revenue and Customs under paragraph 2 of Schedule 36 (opting out of deemed registration) that the pension scheme was not to become a registered pension scheme on that date,
section 161 (meaning of “payment” etc) is modified as follows.
(2) In subsection (3) after the words “of a registered pension scheme” add—
“or, if the purchase took place before 6th April 2006, a pension scheme which at the time of purchase fell within one of the categories set out in paragraph 1(1)(a) to (g) of Schedule 36.”.
(3) After subsection (3) add—
“(3A) But subsection (4) does not apply to a payment made or benefit provided under or in connection with an annuity which fulfils the following conditions.
Condition 1
The annuity was purchased from an insurance company.
Condition 2
The annuity was purchased by a pension scheme which at the time of purchase fell within one of the categories set out in paragraph 1(1)(a) to (g) of Schedule 36.
Condition 3
The annuity was purchased in order to secure or provide benefits under the scheme referred to in Condition 2.
Condition 4
The terms of the annuity, or of any arrangement or agreement made in connection with that annuity do not permit a payment, the making of which would have given the Board (1) grounds for withdrawing approval of the pension scheme under section 591B of ICTA if it had been made before 6th April 2006.
Condition 5
The terms of the annuity contract have not been altered on or after 6th April 2006 to allow a payment that would be an unauthorised payment if it had been made by a registered pension scheme.”.
(4) In its application to any pension scheme which falls within sub-paragraph (1)(b) section 161(4) is modified as follows.
(5) For the words “held for the purpose of the pension scheme” substitute “held for the purposes of a registered pension scheme”.
Commencement Information
I1Art. 2 in force at 6.4.2006, see art. 1(1)
(1)
The Board is defined in section 832 of ICTA as the Commissioners of Inland Revenue.
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