The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2010

Statutory Instruments

2010 No. 499

Pensions

The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2010

Made

25th February 2010

Laid before Parliament

5th March 2010

Coming into force

6th April 2010

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 21(1) and 181(1) of the Pension Schemes Act 1993(1), sections 47(5)(a), 68(2)(e), 73B(4)(a), 119 and 124(1) of the Pensions Act 1995(2), sections 30 and 83(4) of the Welfare Reform and Pensions Act 1999(3) and sections 230(2) and (3), 259(1) and (2) and 318(1) of the Pensions Act 2004(4).

In accordance with section 185(1) of the Pension Schemes Act 1993, section 120(1) of the Pensions Act 1995, section 83(11) of the Welfare Reform and Pensions Act 1999 and section 317(1) of the Pensions Act 2004, the Secretary of State has consulted with such persons as the Secretary of State considers appropriate.

Regulation 8 of these Regulations is consequential upon the coming into force of the Registered Pension Schemes (Modification of the Rules of Existing Schemes) Regulations 2009(5) and is made before the end of the period of six months beginning with the coming into force of that provision(6).

(1)

1993 c.48. Section 21(1) was substituted by section 284(1) of the Pensions Act 2004 (c.35). Section 181(1) is cited because of the meaning it gives to “prescribed” and “regulations”.

(2)

1995 c.26. Section 73B was inserted by section 270(1) of the Pensions Act 2004 (c.35). Section 119 was amended by section 319(1) of, and paragraphs 34 and 68 of Schedule 12 to, the Pensions Act 2004 (c.35), and by section 17 of, and paragraph 8 of Schedule 5 to, the Pensions Act 2007 (c. 22). Section 124(1) is cited because of the meaning it gives to “prescribed” and “regulations”.

(3)

1999 c.30.

(4)

2004 c.35. Section 230(3) was amended by section 17 of, and paragraph 9 of Schedule 5 to, and section 27(2) of, and Part 8 of Schedule 7 to, the Pensions Act 2007 (c. 22). Section 318(1) is cited because of the meaning it gives to “prescribed” and “regulations”.

(5)

S.I. 2009/3055, which, during a transitional period, modifies the rules of existing pension schemes to require any provision which would have required the agreement of the Inland Revenue or Her Majesty’s Revenue and Customs to make an amendment to a rule of a scheme to be disregarded in so far as that provision requires such agreement.

(6)

See section 120(2)(d) of the Pensions Act 1995 which provides that the requirement that the Secretary of State consult such persons as he considers appropriate before making regulations under Part I of that Act does not apply to regulations which state that they are consequential upon a specified enactment and are made before the end of the period of six months beginning with the coming into force of that enactment. See also section 176(1) of the Pension Act 1995 which provides that “enactment” includes an instrument comprised in subordinate legislation.