SCHEDULE
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—
and section 320 in so far as it relates to those provisions | repeals |