SCHEDULE

Article 2

PART 1PROVISIONS OF THE ACT COMING INTO FORCE ON 10TH FEBRUARY 2005 FOR THE PURPOSE ONLY OF CONFERRING POWER TO MAKE REGULATIONS OR ORDERS, AS THE CASE MAY BE, AND ON 8TH MARCH 2005 FOR ALL OTHER PURPOSES

Provision of the Act

Subject matter

section 115(3) so far as it relates to the definition of “borrowing limit”

Board of Pension Protection Fund – borrowing

section 126(2)

eligible schemes

section 300(2)

dissolution of OPRA

section 307(1)(b) and (3)

modification of the Act in relation to certain categories of schemes

PART 2PROVISIONS OF THE ACT COMING INTO FORCE ON 10TH FEBRUARY 2005 FOR THE PURPOSE ONLY OF CONFERRING POWER TO MAKE REGULATIONS, AND ON 1ST APRIL 2005 FOR ALL OTHER PURPOSES

Provision of the Act

Subject matter

section 59(2)

power to prescribe “registrable scheme”

section 117(1), (3) and (7)(a)

administration levy

section 126(1)(b) and (5)

eligible schemes

section 174(1) to (3)

initial levy

section 181(5) and (8)

calculation, collection and recovery of levies

section 189(11)(a)

fraud compensation levy

section 209(7) and (8)

PPF Ombudsman – levy

Schedule 1, paragraph 26, and section 3 in so far as it relates to that paragraph

the Pensions Regulator – collection of levy

Schedule 12, paragraph 28, and section 319(1) in so far as it relates to that paragraph

consequential amendment

Schedule 13, in so far as it relates to the repeal relating to section 175 of the 1993 Act, and section 320 in so far as it relates to that repeal

repeal

PART 3PROVISIONS OF THE ACT COMING INTO FORCE ON 10TH FEBRUARY 2005 FOR THE PURPOSE ONLY OF CONFERRING POWER TO MAKE REGULATIONS, ORDERS OR RULES, AS THE CASE MAY BE, AND ON 6TH APRIL 2005 FOR ALL OTHER PURPOSES

Provisions of the Act

Subject matter

section 10(5)(a)

functions exercisable by the determination panel

section 19(7)

pension liberation: court’s power to order restitution

section 21(4)

pension liberation: repatriation orders

section 23(10), paragraph (b)(i) of the definition of “the actuary”

freezing orders

section 24(7)(a)

consequences of freezing order

section 30(7)(c)

power to give a direction where freezing order ceases to have effect

section 36(2) and (3)

independent trustees

section 38(1)(b)

contribution notices where avoidance of employer debt

section 43(1)(b), (3)(c) and (9)

financial support directions

section 44(3)(a) and (4)

meaning of “service company” and “insufficiently resourced”

section 45(2)(b)

meaning of “financial support”

section 52(1)(b) and (7)(a)

restoration orders where transactions at an undervalue

section 57(1) to (4)

sections 39 to 56: partnerships and limited liability partnerships

section 60(2)(h) and (3)

registrable information

section 61(1) to (3)

the register: inspection, provision of information and reports etc

section 69(2), (3)(a)(ii) and (b)(ii) and (5)

duty to notify the Regulator of certain events

section 93(2)(q)

The Regulator’s procedure in relation to its regulatory functions

section 97(5)(u)

special procedure: applicable cases

section 102(3)

the Pensions Regulator Tribunal

section 103(1)(c)

references to the Tribunal

section 104(6)

appeal on a point of law

section 106 (1) to (4)

legal assistance scheme

section 114(1)(b), (3) and (4)

statement of investment principles relating to the Board of the Pension Protection Fund

section 120(3) and (4)

duty to notify insolvency events in respect of employers

section 121(5)

insolvency event, insolvency date and insolvency practitioner

section 122(3), (5) and (8)

insolvency practitioner’s duty to issue notices confirming status of scheme

section 123(5)

approval of notices issued under section 122

section 125(4)(a)

binding notices confirming status of scheme

section 126(3)

eligible schemes

section 129(1)(b), (3) and (8)

applications and notifications for the purposes of section 128

section 130(5) and (8)

Board’s duty where application or notification received under section 129

section 133(3)

admission of new members, payment of contributions, etc.

section 134(3) in so far as it relates to paragraph (iii) of the definition of “relevant person” in paragraph (a)

directions

section 135(4)

restrictions on winding up, discharge of liabilities, etc.

section 138(10)(b) and (12)

payment of scheme benefits

section 139(6)

loans to pay scheme benefits

section 140(3)(b) and (6)

reviewable ill health pensions

section 141(2) and (6)

effect of a review

section 143(3) to (5) and (11) in so far as it relates to paragraphs (i) and (ii)(a) of the definition of “actuarial valuation” in paragraph (a)

Board’s obligation to obtain valuation of assets and protected liabilities

section 145(4)

binding valuations

section 146(1) and (5)

schemes which become eligible schemes

section 147(1)(a) and (5)

new schemes created to replace existing schemes

section 148(8)

withdrawal following issue of section 122(4) notice

section 150(5) and (6)(a) to (c)

consequences of the Board ceasing to be involved with a scheme

section 151(4), (6), (8) in so far as it relates to paragraph (b) of the definition of “audited scheme accounts” and (9)(b)

application for reconsideration

section 152(4) and (8)

duty to assume responsibility following reconsideration

section 167(1)

modification of chapter where liabilities discharged during assessment period

section 179(1)(a), (2) in so far as it relates to paragraph (b)(i) of the definition of “the actuary” and (3)

valuations to determine scheme underfunding

section 190

information to be provided to the Board etc

section 203(1)

provision of information to members of schemes etc

section 206(2) to (4)

meaning of “reviewable matters”

section 207

review and reconsideration by the Board of reviewable matters

section 208(1) and (3) to (6)

investigation by the Board of complaints of maladministration

section 209(4)(a) to (d), (f) and (g)

PPF Ombudsman

section 210(6)

deputy PPF Ombudsman

section 258(2)(c)(ii) and (7) in so far as it relates to the definition of “relevant contributions”

form of pension protection on transfer of employment

section 270

winding up

section 271

debt due from the employer when assets are insufficient

section 272(1) to (4)

debt due from employer in the case of multi-employer schemes

section 307(1)(a) and (c)

modification of the Act in relation to certain categories of schemes

section 318(4)(a)

general interpretation – meaning of “employer”

Schedule 4, paragraph 9 and section 102 in so far as it relates to that paragraph

tribunal procedure

Schedule 7, paragraphs 4(4), 6(4), 9(4), 12(4)(a), 13(4), 16(3)(b), 17(4)(a), 18(4), 20(4), (7) and (8), 23, 24(1), (2) and (6), 25(1), 26(7) only so far as it relates to paragraph (a) of the definition of “the compensation cap”, (9) and (10), 28(6) and (7), 31(2) and (3), 33, and 37(4, and section 162 in so far as it relates to those paragraphs

pension compensation provisions

PART 4PROVISIONS OF THE ACT COMING INTO FORCE ON 10TH FEBRUARY 2005

Provision of the Act

Subject matter

section 11

annual report to the Secretary of State

section 112(4)(a), (7) and (8)

non-executive functions

section 117(4)

administration levy

Schedule 1 paragraph 27 and section 3 in so far as it relates to that paragraph

The Pensions Regulator – accounts

Schedule 12, paragraphs 2 and 8, and section 319(1) in so far as it relates to those paragraphs

consequential amendments to the Superannuation Act 1972 (c. 11) and the Tribunals and Inquiries Act 1992 (c. 53)

PART 5PROVISIONS OF THE ACT COMING INTO FORCE ON 8TH MARCH 2005

Provision of the Act

Subject matter

section 115(1), (2), (3) in so far as it is not already brought into force by this Order, and (4)

Pension Protection Fund borrowing

section 307(2) and (4)

modification of the Act in relation to certain categories of schemes

PART 6PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 2005

Provisions of the Act

Subject matter

section 117(2)(a), (5) and (6)

administration levy

section 126(1)(a)

eligible schemes

section 181(1)(a), (2)(a), (3), (4), (6) and (7)

calculation, collection and recovery of levies

PART 7PROVISIONS OF THE ACT COMING INTO FORCE ON 6TH APRIL 2005

Provisions of the Act

Subject matter

In so far as not already brought into force, sections 19, 21, 23, 24, 30, 36, 38 except subsections (4) and (7)(g), 43 except subsection (7)(e), 44, 45, 52, 57, 59 to 61, 69, 93, 97, 102, 103, 104, 106, 114, 120, 122, 123, 125, 126, 129, 130, 133, 134 except subsection (2)(d), 135, 138 except subsection (10)(a), 139, 140, 141, 143, 145 to 148, 150 except subsection (6)(d), 151 except paragraph (a) in the definition of “audited scheme accounts” and (12)(a), 152, 167, 179 except subsection (1)(b), 203, 206 except subsection (5), 208 and 258

provisions relating to the Pensions Regulator, the Board of the Pension Protection Fund and miscellaneous provisions

section 2(3)

membership of the Regulator

section 4(1)(a), (2) and (3)

Regulator’s functions

section 5(1) and (2)

Regulator’s objectives

section 7

transfer of Opra’s functions to the Regulator

section 8, in so far as not already brought into force

non-executive functions

sections 13 to 17

new powers in respect of occupational and personal pension schemes

section 18, except subsections (3)(b) and (4)(b)

pension liberation: interpretation

section 20(1), (2), (3)(a) and (b) and (4) to (11)

pension liberation: restraining orders

section 22

powers to wind up occupational pension schemes

sections 25 to 29, 31 and 32

provisions relating to freezing orders

sections 33 to 35 and 37

trustees of occupational pension schemes

sections 39, 40, 41(1) to (9), (10)(a) to (e), (11) and (12), and 42(1), (2)(a) and (b) and (3) to (5)

contribution notices where avoidance of employer debt

section 46

financial support directions: clearance statements

section 47(1) to (3), (4)(a) to (f), and (5)

contribution notices where non-compliance with financial support direction

sections 48 and 49

the sum specified in a section 47 contribution notice, content and effect of such a notice

section 50(1) to (9), (10)(a) to (e) and (11)

section 47 contribution notice: relationship with employer debt

section 51

sections 43 to 50: interpretation

sections 53 to 56

transactions at an undervalue

section 58

Regulator’s right to apply under section 423 of Insolvency Act 1986

sections 62 to 68

register of schemes, register of prohibited trustees and collecting information relevant to the PPF

sections 70 to 89 (except section 86(2))

duty to report breaches of the law, provisions on reports and on information

section 90(1), (2)(a) to (j) and (3) to (7)

codes of practice

section 91(10) to (12)

procedure for issue and publication of codes of practice

section 92

revocation of codes of practice

section 94

publication of procedure in relation to regulatory functions

section 95(1)(a) and (b)(i), (2) and (3)

application of standard and special procedure

section 96(1) to (5), (6)(a) to (t) and (v)

standard procedure

sections 98 to 100

special procedure, compulsory review, and duty to have regard to the interests of members etc

section 101(1), (2)(a) to (c) and (3) to (5)

powers to vary or revoke orders, notices or directions etc

section 105

redetermination etc by the Tribunal

section 108(4)

membership of the Board

section 110(1)(a)

the Board’s functions

section 112(5) and (6)

non-executive functions

section 113

investment of funds relating to the Board of the Pension Protection Fund

section 119

annual reports to the Secretary of State

section 121(1) to (4), (6), (8), (9)(a), (10) and (11)

insolvency event, insolvency date and insolvency practitioner

section 124

Board’s duty where there is a failure to comply with section 122

section 127

duty to assume responsibility for schemes following insolvency event

section 128

duty to assume responsibility for schemes following application or notification

section 131

protected liabilities

section 132 except subsection (6)

assessment periods

section 136

power to validate contraventions of section 135

section 137

section 142

definitions

section 144

approval of valuation

section 149

circumstances in which Board ceases to be involved with an eligible scheme

section 154(1), (2)(a) and (c), and (6) to (15)

requirement to wind up schemes with sufficient assets to meet protected liabilities

section 160(1) to (3), (5), (6), and (7) in so far as it relates to section 172(1)

transfer notice

section 161(2)(c)

effect of Board assuming responsibility for a scheme

section 172(1)

relationship with fraud compensation

section 173(1)(c) to (e), (g) to (i) and (3)(b) to (d), (h) and (i)

Pension Protection Fund

section 175(2)(a)(i) and (iii) and (3)(a)

definition of risk-based pension protection levy

section 192, and section 193 in so far as it relates to section 192

entry of premises, and penalties

section 194

warrants

section 195

offence of providing false or misleading information to the Board

section 196

use of information

sections 197 to 202

disclosure of information

section 204(1) and (2)

interpretation

section 205

reports

section 209(6)

PPF Ombudsman

sections 210(4) and (5) and 211

Deputy PPF Ombudsmen

section 219

backdating the winding up of eligible schemes

section 257

pension protection on transfer of employment

section 263

short service benefit

section 265

paternity leave and adoption leave

section 266

inalienability of occupational pension

section 272(13) and (14)

debt due from the employer in the case of multi-employer schemes

section 275

jurisdiction

section 276

investigations

sections 278 to 280

annual increases in rates of pension

section 282

meaning of “working life” in Pension Schemes Act 1993

section 285

meaning of “stakeholder pension scheme”

section 298(4) and (5)(b)

disclosure of state pension information

section 300(3) to (5)

dissolution of OPRA

section 301

transfer of employees from OPRA to the Regulator

Schedule 1, paragraphs 20(1), (2) and (4) to (7), 24, 25, 28, 33, 35(4)(a) and (b) and 35(5) in so far as it relates to paragraph 35(4)(a) and (b), and section 3 in so far as it relates to those paragraphs

the Pensions Regulator

Schedule 3

restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions

Schedule 4, paragraphs 8, 10 to 16, and 19 to 21

the Pensions Regulator Tribunal

Schedule 5, paragraphs 18(2)(f) to (h), 19, 22(1) to (3) and (5) to (7) and 23(a), and section 109 in so far as it relates to those paragraphs

the Board of the Pension Protection Fund

Schedule 7, and section 162, in so far as not already brought into force

pension compensation provisions

Schedule 9, paragraphs 1 to 19

reviewable matters

Schedule 12, paragraphs 1, 5(1) and (3), 6, 24(a) and (c), 25, 26, 76(2)(a) and (4) and 79, and section 319(1) insofar as it relates to those paragraphs

consequential amendments

Schedule 13, in so far as it relates to—

  • the Parliamentary Commissioner Act 1967, Schedule 2, the entry relating to the Occupational Pensions Regulatory Authority;

  • the House of Commons Disqualification Act 1975, Schedule 1, Part 2, the entry relating to the Occupational Pensions Regulatory Authority;

  • the Northern Ireland Assembly Disqualification Act 1975, Schedule 1, Part 2, the entry relating to the Occupational Pensions Regulatory Authority;

  • the Tribunals and Inquiries Act 1992, Schedule 1, Part 1, paragraph 35(g); the 1995 Act, the specified repeals in sections 51(1), 54(3), and 162(1), and Schedule 3, paragraph 21 and Schedule 4, paragraph 21(13);

  • the Child Support, Pensions and Social Security Act 2000, section 54;

  • the Freedom of Information Act 2000, Schedule 1, Part 6, the entries relating to the Occupational Pensions Regulatory Authority, and the Registrar of Occupational and Personal Pension Schemes;

and section 320 in so far as it relates to those provisions

repeals