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Pensions Act 2004

Pensions Act 2004

2004 CHAPTER 35

Commentary on Sections

Part 1 – the Pensions Regulator

Powers in relation to winding-up of occupational pension schemes

Section 32: Sections 23 to 31: supplementary

119.This provision enables an order under sections 23, 25, 26, 28, 30 and 31 to be made even if legislation, a legal rule or a rule of the scheme would have prevented this apart from this provision and without regard to any procedural requirements which such legislation, legal rule or scheme rule would otherwise impose.

120.Subsection (2) stipulates that the Regulator cannot make an order as mentioned in subsection (1) if, in doing so it would contravene section 6(1) of the Human Rights Act 1998 (unlawful for public authority to act in contravention of a Convention right).

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