The Pensions Act 2004 (Commencement No. 2, Transitional Provisions and Consequential Amendments) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order provides for the coming into force of provisions of the Pensions Act 2004 (c. 35) on the following dates–

• 10th February for the purpose only of conferring power to make regulations or orders relating to the borrowing limit for the Board of the Pension Protection Fund, dissolution of the Occupational Pensions Regulatory Authority, and modification of the Act in relation to certain categories. The provisions in question are brought fully into force on 9th March 2005;

• 10th February 2005 for the purpose only of conferring power to make regulations relating to various levies for the Pensions Regulator and the Board of the Pension Protection Fund. The provisions in question are brought fully into force on 1st April 2005;

• 10th February 2005 for the purpose only of conferring power to make regulations, orders or rules relating in particular to the functions of the Pensions Regulator (including the Pensions Regulator Tribunal), and the Board of the Pension Protection Fund. The provisions in question are brought fully into force on 6th April 2005,

• 10th February 2005 for provisions relating in particular to governance of the Pensions Regulator and the Board of the Pension Protection Fund;

• 8th March 2005 for other provisions relating to borrowing of the Board of the Pension Protection Fund and for modification of the Act in relation to certain categories of scheme;

• 1st April 2005 for other provisions relating to levies in relation to the Pensions Regulator and the Board of the Pension Protection Fund; and

• 6th April 2005 for provisions relating in particular to the functions of the Pensions Regulator and the Board of the Pension Protection Fund, the dissolution of OPRA and provisions relating to paternity leave and adoption leave.

This Order also makes transitional adaptations and modifications and consequential amendments.

Article 3 transitionally modifies section 149(6) of the Pension Schemes Act 1993 (c. 48) to insert a reference to the Pensions Compensation Board as a person to whom the Pensions Ombudsman may continue to disclose information until 1st September 2005, and to retain a reference to the Pensions Compensation Board as a person to whom the Secretary of State may disclose information until that date.

Article 4 makes transitional provision in relation the collection of levy which was due before but which remains unpaid on 1st April 2005.

Article 5 consequentially amends the Paternity and Adoption Leave Regulations 2002 (S.I. 2002/2788) to include cross references to provisions relating to paternity leave and adoption leave inserted into Schedule 5 to the Social Security Act 1989 (c. 24) by section 265 of the Pensions Act 2004.