The Pensions Act 2014 (Abolition of Contracting-out for Salary Related Pension Schemes) (Consequential Amendments and Savings) Order 2016

Amendment of the Occupational Pension Schemes (Discharge of Liability) Regulations 1997

12.—(1) The Occupational Pension Schemes (Discharge of Liability) Regulations 1997(1) are amended as follows.

(2) In regulation 1(2) (interpretation) in the definition of “relevant scheme”, for “section 12C” substitute “section 37A(2)”.

(3) In regulation 8(b) (prohibition and restriction of the discharge of liability to provide pensions under a relevant scheme), for the words from “or Part V” until the end of that paragraph substitute “, regulations 45 or 46 (as they had effect at the time of approval of arrangements for the scheme ceasing to be contracted-out) of the Occupational Pension Schemes (Contracting-out) Regulations 1996(3), or regulations 6, 17 or 20 of the Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 2015 apply”.

(4) In regulation 9(3) (circumstances in which liability to provide pensions under a relevant scheme may be discharged), for “is to cease” substitute “has ceased”.

(5) In regulation 11(3)(e)(ii) (conditions on which liability to provide pensions under a relevant scheme may be discharged), for “section 12C(1)” substitute “section 37A(1)”.

(1)

S.I. 1997/784.

(2)

Section 37A is inserted by paragraph 25 of Schedule 13 to the 2014 Act.

(3)

S.I. 1996/1172. Regulations 45 and 46 were amended by S.I. 1997/819, section 1(2) of, and Schedule 2 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2), S.I. 2005/2050, S.I. 2011/1245, S.I. 2011/1246 and S.I. 2015/1677.