Draft Order laid before Parliament under section 143(4) of the Pensions Act 2008, for approval by resolution of each House of Parliament.
2012 No.
The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) (Amendment) Order 2012
Made
Coming into force in accordance with article 1(2)
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 145(1) and (2) of the Pensions Act 20081.
A draft of this Order has been laid before Parliament in accordance with section 143(4) of that Act and has been approved by a resolution of each House of Parliament.
Citation and commencement1
1
This Order may be cited as the Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) (Amendment) Order 2012.
2
This Order comes into force immediately before 6th April 2012.
Amendment of the Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No. 2) Order 20112
1
The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No. 2) Order 20112 is amended as follows.
2
For article 3 (amendments to the Insolvency Act 1986), substitute—
3
1
Section 310 of the Insolvency Act 19863 (income payments orders) is amended as follows.
2
Omit subsection (8)(b) and the word “and” immediately preceding it.
3
In subsection (9), for “and “protected rights” have” substitute “has”.
3
After article 5(15) (amendments to the Pension Schemes Act 1993), insert—
15A
In section 155 (requirement to give information to the Secretary of State or the Board for the purposes of certain provisions)4, for “, section 117 and section 159 (so far as it relates to protected rights payments)” substitute “and section 117”.
4
For article 5(17), substitute—
17
In section 159 (inalienability of guaranteed minimum pension and protected rights payments)—
a
in the sidenote, omit “and protected rights payments”,
b
in subsection (1)(a), omit “or to payments giving effect to protected rights under such a scheme”,
c
in subsection (1)(i) and (ii), omit “or those payments”,
d
omit subsection (4), and
e
for subsection (4A)5, substitute—
4A
Where a person is entitled or prospectively entitled as is mentioned in subsection (1), no order shall be made by any court the effect of which would be that he would be restrained from receiving anything the assignment of which is or would be made void by that subsection.
5
For article 5(18), substitute—
18
In section 164 (Crown employment), for subsection (2), substitute—
2
A person who is employed by or under the Crown shall be treated as an employed earner for the purposes of—
a
sections 31 and 33, so far as they relate to personal pension schemes;
b
sections 43 and 45;
c
section 48, so far as it relates to minimum contributions;
d
sections 117, 154 and 155; and
e
sections 160 and 166.
6
After article 5(18), insert—
18A
In section 165 (application of certain provisions to cases with foreign element), in subsection (2)(a)6, omit “and section 159 (so far as it relates to protected rights payments).”.
7
For article 5(21), substitute—
21
In section 177 (general financial arrangements), in subsection (3)(b), for sub-paragraph (ii), substitute—
ii
sections 31, 33, 117, 154 and 155; and
iii
sections 160 and 166.
8
After article 6(2) (amendments to the Pensions Act 1995), insert—
2A
In section 91(7) (inalienability of occupational pension), omit “and protected rights payments”.
Signed by authority of the Secretary of State for Work and Pensions.
(This note is not part of the Order)