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The Welfare Reform and Pensions Act 1999 (Commencement No. 13) Order 2002

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Statutory Instruments

2002 No. 153 (C. 3)

PENSIONS

The Welfare Reform and Pensions Act 1999 (Commencement No. 13) Order 2002

Made

30th January 2002

The Secretary of State for Work and Pensions, in exercise of powers conferred by section 89(1) of the Welfare Reform and Pensions Act 1999(1), and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No. 13) Order 2002.

(2) In this Order, references to sections and Schedules are references to sections of, and Schedules to, the Welfare Reform and Pensions Act 1999.

Appointed day

2.  6th April 2002 is the day appointed for the coming into force of—

(a)section 11(4) to (10) (effect of bankruptcy on pension rights: approved arrangements) so far as not already in force;

(b)section 12 (effect of bankruptcy on pension rights: unapproved arrangements) so far as not already in force;

(c)section 13 (sections 11 and 12: application to Scotland) so far as not already in force;

(d)section 14 (no forfeiture on bankruptcy of rights under pension schemes);

(e)section 15 (excessive pension contributions made by persons who have become bankrupt) so far as not already in force;

(f)section 16 (excessive pension contributions made by persons who have become bankrupt: Scotland) so far as not already in force;

(g)section 18 (miscellaneous amendments), so far as relating to paragraph 6 of Schedule 2;

F1(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)section 88 (repeals), so far as relating to the repeals in Schedule 13 referred to in paragraph (l) below;

(j)paragraph 6 of Schedule 2 (effect of certain orders on guaranteed minimum pensions);

F2(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)Part I of Schedule 13 (pensions: miscellaneous) in respect of the following—

(i)the repeal of section 159(5) of the Pension Schemes Act 1993 (inalienability of guaranteed minimum pension and protected rights payments on bankruptcy),

(ii)the repeal of section 91(3) of the Pensions Act 1995 (inalienability of occupational pension on bankruptcy),

(iii)the repeals in sections 92(2) and 94(3) of that Act (forfeiture of occupational pension rights by reference to bankruptcy and application of sections 91 and 92 of that Act to Scotland), and

(iv)the repeal of section 95 of that Act (pension rights of individuals adjudged bankrupt etc.).

Amendment of earlier Order

3.  In the Welfare Reform and Pensions Act 1999 (Commencement No. 12) Order 2001 (2) article 2(2) (appointed day for coming into force of paragraph 14 of Schedule 2 (occupational pension schemes: certificates relating to minimum funding requirement) and of section 18, section 88 and Part I of Schedule 13 so far as relating to that paragraph) shall be omitted.

Signed by authority of the Secretary of State for Work and Pensions.

Ian McCartney

Minister of State,

Department for Work and Pensions

30th January 2002

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 (“the Act”). It also makes an amendment to a previous commencement order.

Article 1 deals with citation and interpretation.

Article 2 brings fully into force on 6th April 2002 sections 11 to 16 of the Act, which concern the effect of bankruptcy on an individual’s pension rights, and related consequential amendments and repeals in Schedules 2, 12 and 13 to that Act.

Article 3 amends the Welfare Reform and Pensions Act 1999 (Commencement No. 12) Order 2001 so as to revoke the day appointed for the coming into force of paragraph 14 of Schedule 2, which relates to the minimum funding requirement for occupational pension schemes, and section 18, section 88 and Part I of Schedule 13 so far as relating to paragraph 14 of Schedule 2.

This Order has only a negligible cost for business; a Regulatory Impact Assessment is therefore not necessary.

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)(3)),

  • 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.36)),

  • 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)),

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 (S.I. 2000/2958 (C.89)(4)),

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 10, and Transitional Provisions) Order 2001 (S.I. 2001/933 (C.34)),

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 11) Order 2001 (S.I. 2001/1219 (C.44)), and

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 12) Order 2001 (S.I. 2001/4049 (C.130)).

    ProvisionDate of CommencementS.I. No.
    Section 11st October 20002000/1047
    Section 21st October 20002000/1047
    Section 36th April 2001 and 8th October 20012001/933
    Sections 4 and 58th October 20012000/1047
    Section 6(1), (2) and (4)8th October 20012000/1047
    Schedule 1, except paragraph 1(3), and section 6(3) except so far as it relates to that paragraph 1(3)1st October 20002000/1047
    Schedule 1, paragraph 1(3), and section 6(3) so far as it relates to that paragraph 1(3)8th October 20012000/1047
    Section 71st October 20002000/1047
    Section 8, except the definition of “designated scheme”1st October 20002000/1047
    Section 8(1) so far as it relates to the definition of “designated scheme”8th October 20012000/1047
    Section 96th April 20012000/2958
    Section 103rd April 20002000/629
    Section 11(1), (2), (3) and (11)29th May 20002000/1382
    Section 11(12)1st December 20002000/1382
    (5)*Section 13(1) and (2)29th May 20002000/1382
    Section 1723rd April 20012001/1219
    *Schedule 2 in the following respects, and section 18 so far as it relates to them:—
    paragraphs 1 and 229th May 20002000/1382
    paragraphs 3 and 425th April 20002000/1047
    paragraph 51st January 20022001/4049
    paragraph 76th April 20022001/4049
    paragraphs 8 to 1325th April 20002000/1047
    paragraph 141st February 20022001/4049
    paragraphs 15 to 1925th April 20002000/1047
    Sections 19, 21 and 22 and Schedules 3 and 41st December 20002000/1116
    Section 201st December 20002000/1047
    Sections 23 and 241st December 20002000/1047
    Sections 26 to 51 and1st December 20002000/1047
    Schedules 5 and 6
    Section 5312th January 2000 and 2nd April 20001999/3309
    Sections 54 to 5624th April 2000 and 9th April 20012000/1047
    Section 59 and Schedule 719th March 20012000/2958
    Section 613rd April 20001999/3309
    Sections 62 to 653rd November 2000 and 6th April 20012000/2958
    Section 6612th January 20001999/3309
    Section 67(1) and (2)12th January 20001999/3309
    Section 67(3) and (4)9th April 20012000/1382
    Section 6917th April 2000 and 15th May 20002000/1047
    *Schedule 8 in the following respects, and section 70 so far as it relates to them:—
    paragraphs 1 to 1924th April 2000 and 9th April 20012000/1047
    paragraph 203rd November 20002000/2958
    paragraphs 21 and 223rd November 2000 and 6th April 20012000/2958
    paragraph 23(1), (2) and (4)13th December 19991999/3309
    paragraph 23(3)3rd April 20001999/3309
    paragraph 243rd April 20001999/3309
    paragraph 253rd November 20002000/2958
    paragraph 263rd November 2000 and 6th April 20012000/2958
    paragraph 276th April 20012000/2958
    paragraph 2819th March 20012001/933
    paragraphs 30 to 3212th January 2000 and 2nd April 20001999/3309
    paragraph 331st December 20002000/1047
    Section 73 and Schedule 922nd December 1999 and 6th April 20001999/3420
    Section 74 and Schedule 1022nd December 1999 and 6th April 20001999/3420
    Sections 75 and 7622nd December 19991999/3420
    Sections 77 and 786th April 20001999/3420
    *Schedule 12 in the following respects, and section 84(1) so far as it relates to them:—
    paragraphs 1 to 41st December 20002000/1116
    paragraphs 5 to 7 and 8(1), (2), (5) and (6)1st December 20002000/1047
    paragraph 8(3) and (4)15th April 2000S.S.I.2000/111
    paragraphs 9, 10, 11, 12 and 14 to 631st December 20002000/1047, S.S.I.2000/238
    paragraphs 64 to 661st December 20002000/1116
    paragraph 7325th April 20002000/1047
    paragraph 746th April 20001999/3420
    paragraph 7525th April 20002000/1047
    paragraphs 76 to 786th April 20001999/3420
    paragraphs 84 to 866th April 20001999/3420
    Section 85(3) and (4)1st December 20002000/1116
    Section 85(5)1st December 20002000/1047
    Schedule 13 in the following respects, and section 88 so far as it relates to them:—
    *Part I25th April 20002000/1047
    19th March 20012001/933
    23rd April 20012001/1219
    1st January 2002,2001/4049
    1st February 2002 and 6th April 2002
    Part II1st December 20002000/1047
    2000/1116
    6th April 20022001/4049
    Part III1st December 20002000/1047
    Part IV3rd November 2000 and 6th April 20012000/2958
    Part V2nd April 20001999/3309
    24th April 2000 and 9th April 20012000/1047
    6th April 20022001/4049
    Parts VI and VII6th April 20001999/3420
(3)

S.I. 2000/1047 (C. 29) was amended by article 2 of S.I. 2001/933 (C. 34).

(4)

S.I. 2000/2958 (C. 89) was amended by article 3 of S.I. 2001/933 (C. 34).

(5)

In this Note an asterisk indicates that a provision has been partially brought into force.

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