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