Citation and interpretation

1.—(1) This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No.10, and Transitional Provisions) Order 2001.

(2) In this Order, unless the context otherwise requires, references to numbered sections and numbered Schedules are references to the sections and Schedules bearing those numbers in the Welfare Reform and Pensions Act 1999.

Amendment of the Welfare Reform and Pensions Act 1999 (Commencement No. 4) Order 2000

2.  In Part V of the Schedule to the Welfare Reform and Pensions Act 1999 (Commencement No. 4) Order 2000(2), in each column omit the entry in respect of section 3 (duty of employers to facilitate access to stakeholder pension schemes).

Amendment of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000

3.  In article 3(2) of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000(3) (transitional provision in relation to incapacity benefit), for “sections 30A to 30E” where those words first occur, substitute “section 30A, 40 or 41”.

Provisions coming into force on 19th March 2001

4.  19th March 2001 is the day appointed for the coming into force of—

(a)Schedule 8, paragraph 28 (income support: amendment of section 124(1)(f) of the Social Security Contributions and Benefits Act 1992(4)) and, so far as relating to that paragraph, section 70; and

(b)Schedule 13, Part I so far as relating to the entry in that Part in respect of paragraph 80(f) of Schedule 5 to the Pensions Act 1995(5) (repeal consequential on amendment of section 185 of the Pension Schemes Act 1993(6) by Schedule 11, paragraph 23) and, so far as relating thereto, section 88.

Provisions coming into force on 6th April 2001

5.  6th April 2001 is the day appointed for the coming into force, so far as not already in force—

(a)of—

(i)the second paragraph of section 3(2);

(ii)section 3(6);

and section 3(7) so far as relating thereto;

(b)of section 3(8);

(c)of section 3(9) so far as relating to the definitions in it of “employer” and of “relevant employees”;

and of section 3(1) so far as relating thereto.

Provision coming into force on 8th October 2001

6.  8th October 2001 is the day appointed for the coming into force of section 3 so far as not already in force.

Explanatory Note

(This note is not part of the Order)

This Order brings into force further provisions of the Welfare Reform and Pensions Act 1999 as follows.

The commencement of parts of section 3, which relates to stakeholder pension schemes, is brought forward to 6th April 2001 (from 8th October 2001). The requirement that an employer consult prior to designating a scheme under section 3(2) is brought forward to allow valid designation of a scheme by an employer prior to 8th October 2001 for the purposes of his duty under section 3(2). The commencement of related provisions is also brought forward to 6th April 2001. (articles 2, 5 and 6)

The Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 (“the no. 9 Order”) is amended to clarify a transitional provision in relation to incapacity benefit. The amendment will take effect prior to the date (6th April 2001) in relation to which the transitional provision will operate. (article 3)

Two consequential provisions are commenced, an income support provision (article 4(a)) and a pensions provision (article 4(b)). The income support provision is commenced from the same date, 19th March 2001, as the provisions on which it is consequential (section 59 and Schedule 7 (joint claims for jobseeker’s allowance) commenced so far as not already in force by the no. 9 Order). The provision on which the pensions provision is consequential (Schedule 11, paragraph 23) is already in force.

The impact on business of the commencement of provisions in the Welfare Reform and Pensions Act 1999 is detailed in the Regulatory Impact Assessment relating to the Welfare Reform and Pensions Bill (which was introduced in the House of Commons on 10th February 1999). A copy of that Assessment has been placed in the libraries of both Houses of Parliament. A copy of it can also be obtained from the Department of Social Security, Regulatory Impact Unit, 3rd Floor, the Adelphi, 1–11 John Adam Street, London WC2N 6HT.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions have been brought into force by:—

• the Welfare Reform and Pensions Act 1999 (Commencement No. 1) Order 1999 (S.I. 1999/3309) (C. 88),

• the Welfare Reform and Pensions Act 1999 (Commencement No. 2) Order 1999 (S.I. 1999/3420) (C. 92),

• the Welfare Reform and Pensions Act 1999 (Commencement No. 3) Order 2000 (S.I. 2000/629) (C. 13),

• the Welfare Reform and Pensions Act 1999 (Commencement No. 4) Order 2000 (S.I. 2000/1047) (C. 29),

• the Welfare Reform and Pensions Act 1999 (Commencement No. 5) Order 2000 (S.I. 2000/1116) (C. 35),

• the Welfare Reform and Pensions Act 1999 (Scotland) (Commencement No. 6) Order 2000 (S.S.I. 2000/111) (C. 4),

• the Welfare Reform and Pensions Act 1999 (Commencement No. 7) Order 2000 (S.I. 2000/1382) (c. 41),

• the Welfare Reform and Pensions Act 1999 (Scotland) (Commencement No. 8) Order 2000 (S.S.I. 2000/238) (C. 7), and

• the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 (S.I. 2000/2958) (C.89).