PART 3Amendment of secondary legislation

Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 19968

1

The Occupational Pension Schemes (Contracting-out) Regulations 199621 are amended as follows.

2

In regulation 1(2), in the definition of “overseas scheme”, for “EEA states” substitute “United Kingdom”.

Amendment of the Contracting-out (Transfer and Transfer Payment) Regulations 19969

1

The Contracting-out (Transfer and Transfer Payment) Regulations 199622 are amended as follows.

2

In regulation 1(2), in the definition of “overseas scheme”—

a

in paragraph (a), for “EEA states” substitute “United Kingdom”;

b

omit paragraph (b) and the “or” before it.

Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations 199610

1

The Occupational Pension Schemes (Scheme Administration) Regulations 199623 are amended as follows.

2

In regulation 1(2), in the definition of “qualifying insurance policy” omit paragraph (b) and the “or” before it.

3

In regulation 11—

a

in paragraph (3)(a) omit “or the central bank of another EEA State”;

b

omit paragraph 4(a).

4

In regulation 15, omit paragraph (2)(a)(ii) and the “or” before it.

Amendment of the Occupational Pension Schemes (Winding Up) Regulations 199611

1

The Occupational Pension Schemes (Winding Up) Regulations 199624 are amended as follows.

2

In regulation 10, omit paragraph (1)(d).

Amendment of the Occupational Pension Schemes (Discharge of Liability) Regulations 199712

1

The Occupational Pension Schemes (Discharge of Liability) Regulations 199725 are amended as follows.

2

In regulation 2—

a

omit paragraph (1)(b) and the “or” before it;

b

in paragraph (2), for “Sub-paragraphs (a) and (b)” substitute “Sub-paragraph (a)”.

Amendment of the Pension Sharing (Implementation and Discharge of Liability) Regulations 200013

1

The Pension Sharing (Implementation and Discharge of Liability) Regulations 200026 are amended as follows.

2

In regulation 11—

a

omit paragraph (1)(b) and the “or” before it;

b

in paragraph (2), omit “and (b)”.

Amendment of the Pension Sharing (Pension Credit Benefit) Regulations 200014

1

The Pension Sharing (Pension Credit Benefit) Regulations 200027 are amended as follows.

2

In regulation 5—

a

omit paragraph (3)(b) and the “or” before it;

b

in the opening words of paragraph (4), omit “and (b)”.

Amendment of the Stakeholder Pension Schemes Regulations 200015

1

The Stakeholder Pension Schemes Regulations 200028 are amended as follows.

2

In regulation 1(3), in the definition of “insurer” omit paragraph (b) and the “or” before it.

Amendment of the Register of Occupational and Personal Pension Schemes Regulations 200516

1

The Register of Occupational and Personal Pension Schemes Regulations 200529 are amended as follows.

2

In regulation 1(4), omit the definition of “scheme undertaking cross-border activities”.

3

In regulation 2(1), omit sub-paragraph (c) and the “or” before it.

4

In regulation 3(1), omit sub-paragraph (j) and the “and” before it.

Amendment of the Pension Protection Fund (Appointment of Ordinary Members) Regulations 200517

1

The Pension Protection Fund (Appointment of Ordinary Members) Regulations 200530 are amended as follows.

2

In Schedule 1, in paragraph 14(c) omit “members of the European Parliament,”.

Amendment of the Occupational and Personal Pension Schemes (General Levy) Regulations 200518

1

The Occupational and Personal Pension Schemes (General Levy) Regulations 200531 are amended as follows.

2

In regulation 2(1), omit the definition of “cross-border section 615 scheme”.

3

In regulation 3(1), omit “, other than such a scheme which is a cross-border section 615 scheme,”.

Amendment of the Occupational Pension Schemes (Employer Debt) Regulations 200519

1

The Occupational Pension Schemes (Employer Debt) Regulations 200532 are amended as follows.

2

In regulation 4(1), omit sub-paragraph (g)(ii) and the “and” before it.

Amendment of the Occupational Pension Schemes (Winding up etc.) Regulations 200520

1

The Occupational Pension Schemes (Winding up etc.) Regulations 200533 are amended as follows.

2

In regulation 3(1), omit sub-paragraph (h)(ii) and the “and” before it.

Amendment of the Pension Protection Fund (PPF Ombudsman) Order 200521

1

The Pension Protection Fund (PPF Ombudsman) Order 200534 is amended as follows.

2

In Article 7(2)(j), omit “, an EEA central counterparty” and “, an EEA CSD”.

Amendment of the Pensions Regulator (Contribution Notices and Restoration Orders) Regulations 200522

1

The Pensions Regulator (Contribution Notices and Restoration Orders) Regulations 200535 are amended as follows.

2

In regulation 3(1), omit sub-paragraph (i)(ii) and the “and” before it.

Amendment of the Financial Assistance Scheme Regulations 200523

1

The Financial Assistance Scheme Regulations 200536 are amended as follows.

2

In regulation 2(3), omit sub-paragraph (b) and the “or” before it.

Amendment of the Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 200524

1

The Financial Assistance Scheme (Provision of Information and Administration of Payments) Regulations 200537 are amended as follows.

2

In regulation 2(2), omit sub-paragraph (b) and the “or” before it.

Amendment of the Occupational Pension Schemes (Trust and Retirement Benefits Exemption) Regulations 200525

1

The Occupational Pension Schemes (Trust and Retirement Benefits Exemption) Regulations 200538 are amended as follows.

2

In regulation 1(2), omit the definition of “scheme undertaking cross-border activities”.

3

Omit regulation 1A.

Amendment of the Pension Schemes (Categories) Regulations 200526

1

The Pension Schemes (Categories) Regulations 200539 are amended as follows.

2

In regulation 2, omit paragraph (2)(b) but not the final “and”.

Amendment of the Financial Assistance Scheme (Appeals) Regulations 200527

1

The Financial Assistance Scheme (Appeals) Regulations 200540 are amended as follows.

2

In regulation 28(3)(k), omit “, EEA central counterparty”, and “, EEA CSD”.

Amendment of the Occupational Pension Schemes (Scheme Funding) Regulations 200528

1

The Occupational Pension Schemes (Scheme Funding) Regulations 200541 are amended as follows.

2

For regulation 17(1)(d), substitute—

d

a scheme which is treated as such by virtue of paragraph 4 or 5 of Schedule 2 to these Regulations and applies to members in employment outside the United Kingdom;

3

In Schedule 2—

a

in paragraph 4, in sub-paragraphs (2)(b) and (d)(i) and (3)(a), for “EEA states” in each place where it occurs substitute “United Kingdom”;

b

omit paragraph 6 (schemes undertaking cross-border activities).

Amendment of the Occupational Pension Schemes (Investment) Regulations 200529

1

The Occupational Pension Schemes (Investment) Regulations 200542 are amended as follows.

2

In regulation 1(2)—

a

in the definition of “qualifying insurance policy”, omit paragraph (b) and the “or” before it;

b

omit the definition of “scheme undertaking cross-border activities”.

3

In regulation 4(11)—

a

in the definition of “derivative instrument”, for the words from “of Section C” to “financial instruments” substitute “of Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 200143”;

b

in the definition of “regulated market”—

i

omit paragraph (a);

ii

for paragraph (b) substitute the following—

b

a UK regulated market or an EU regulated market within the meaning of Article 2.1.13A and 2.1.13B respectively of Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments; or

4

In regulation 15A, omit paragraph (2)(b) but not the final “or”.

5

Omit regulation 17.

Amendment of the Occupational Pension Schemes (Regulatory Own Funds) Regulations 200530

1

The Occupational Pension Schemes (Regulatory Own Funds) Regulations 200544 are amended as follows.

2

In regulation 10, omit paragraphs (3) and (8).

3

In regulation 15—

a

in paragraph (1)(d)—

i

omit paragraph (i);

ii

in paragraph (ii), for “paragraphs 4(3) and 5(2)(b)” substitute “paragraphs 4(2) and (3) and 5(2)(a) and (b)”;

b

omit paragraph (2);

c

in paragraph (3), omit the definition of “scheme undertaking cross-border activities”.

Amendment of the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 200631

1

The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 200645 are amended as follows.

2

In regulation 4(1), in sub-paragraph (e), for “EEA states” substitute “United Kingdom”.

Amendment of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 200632

1

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 200646 are amended as follows.

2

In regulation 1(2), in the definition of “insurer” omit paragraph (b) and the “or” before it.

Amendment of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 201033

1

The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 201047 are amended as follows.

2

In regulation 32E, in paragraph (1), omit the words “or which is an occupational pension scheme within section 18(b) of the Act,”.

3

Omit regulation 32J.

4

In regulation 35—

a

in paragraph (1)(a)(i), omit “or (b)”;

b

omit paragraph (1)(b) together with the final “and”;

c

in paragraph (2), for the definition of “competent authority” substitute—

  • “competent authority” means the Financial Conduct Authority or the Pensions Regulator;

5

In regulation 39, omit paragraph (7)(a).

6

In regulation 44, in the heading and the body of the regulation, for “EEA States” substitute “United Kingdom”.

7

In regulation 45—

a

in paragraphs (1) to (5) and (7), for “18(b) or (c)” substitute “18(c)”;

b

in paragraphs (1), (3) and (7), omit sub-paragraph (b) and the “or” before it.

8

In regulation 46, omit paragraph (b) and the “or” before it.

Amendment of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 201334

1

The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 201348 are amended as follows.

2

In Schedule 1 (description of schemes), omit paragraph 1(2)(c) but not the final “or”.

Amendment of the Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 201435

1

The Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 201449 are amended as follows.

2

Omit Part 18 (cross-border schemes).

Amendment of the Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 201536

1

The Occupational Pension Schemes (Schemes that were Contracted-out) (No.2) Regulations 201550 are amended as follows.

2

In regulation 6(2), for “EEA states” substitute “United Kingdom”.