LegalizeThe Pensions Act 2004 (Commencement No. 4 and Amendment) Order 2005
Made: 5th April 2005
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 91(9), 315(5) and 322(1) of the Pensions Act 2004[^f00001], 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 Pensions Act 2004 (Commencement No. 4 and Amendment) Order 2005.
- (2) In this Order “the Act” means the Pensions Act 2004.
Appointed days
2
- (1) The day appointed for the purposes of section 91(9) of the Act (procedure for the issue and publication of codes of practice) for the coming into effect of the Pensions Regulator Code of Practice No. 1: Reporting breaches of the Law is 6th April 2005.
- (2) The day appointed for the coming into force of the provisions of the Act specified in the Schedule is 6th April 2005.
Amendment of the Pensions Act 2004 (Commencement No. 3, Transitional Provisions and Amendment) Order 2005
3
The Pensions Act 2004 (Commencement No. 3, Transitional Provisions and Amendment) Order 2005[^f00002] shall be amended in accordance with the following paragraphs of this article—
- (a) after article 6 (savings), insert the following article—
(6A) (1) Notwithstanding the repeals of section 74 of the 1995 Act (discharge of liabilities by insurance, etc.) mentioned in Schedule 1, that section shall continue to have effect as it applied immediately before 6th April 2005 to any scheme which— (a) was regarded at that time by virtue of regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations 1996[^f00003] (commencement of winding up) as having begun to be wound up for the purposes of those Regulations; or (b) in accordance with section 124(3A) to (3E) of the 1995 Act[^f00004] (interpretation: time at which the winding up of an occupational pension scheme shall be taken to begin) began to wind up before that date. (2) In paragraph (1), the reference to a scheme includes a reference to any section of a scheme to which section 74 of the 1995 Act applies as if it were a scheme by virtue of regulation 12 of those Regulations[^f00005] (winding up of sectionalised schemes etc.).
; and
- (b) in Schedule 3 (provisions referred to in article 6 which are to continue to have effect as if they were in force immediately before their amendment or repeal by the Act), after the entry in the table relating to section 103—
- (i) in column 1, insert “Section 124(1)”; and
- (ii) in column 2, insert “Interpretation of Part 1”.
SCHEDULE — PROVISIONS OF THE ACT COMING INTO FORCE ON 6TH APRIL 2005
| Provisions of the Act | Subject Matter |
|---|---|
| section 164 | postponement of compensation entitlement for the assessment period |
| Schedule 12, paragraphs 9, 34, 44, 46(b), 59, 60, 67 and 71, and section 319(1) in so far as it relates to those paragraphs | consequential amendments |
| Schedule 13 in so far as it relates to specified repeals in relation to— the Social Security Contributions (Transfer of Functions, etc.) Act 1999, paragraphs 67 and 68 of Schedule 1; the Welfare Reform and Pensions Act 1999, paragraph 60 of Schedule 12; the Child Support, Pensions and Social Security Act 2000, section 47(1), (2) and (4) and paragraph 10 of Schedule 5; and section 320 in so far as it relates to those provisions | repeals |
Signed
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond — Parliamentary Under-Secretary of State, — Department for Work and Pensions — 5th April 2005
Explanatory note
(This note is not part of the Order)
This Order appoints the day for the purposes of section 91(9) of the Pensions Act 2004 (c. 35) (“the Act”) for the coming into effect of the Pensions Regulator Code of Practice No. 1: Reporting breaches of the law as 6th April 2005. It also appoints the day for the coming into force of certain other miscellaneous provisions as 6th April 2005.
This Order also amends the Pensions Act 2004 (Commencement No. 3, Transitional Provisions and Amendment) Order 2005 (S.I. 2005/695 (C.29)) (“the No. 3 Order”) so as to make a transitional saving in respect of the repeals of section 74 of the Pensions Act 1995 (c. 26) made by Schedule 13 to the Act which were commenced by Schedule 1 to the No. 3 Order. This Order also, for the purposes of article 6 of the No. 3 Order, adds section 124(1) of the Pensions Act 1995 to the list of provisions specified in Schedule 3 to that Order which are to continue to have effect as they were in force immediately before their amendment or repeal by the Act.
Footnotes
[^f00001]: 2004 c. 35.
[^f00002]: S.I. 2005/695 (C.29).
[^f00003]: S.I. 1996/3126.
[^f00004]: Subsections (3A) to (3E) were inserted by the Child Support, Pensions and Social Security Act 2000 (c. 19). Subsections (3A) and (3E) are amended by section 319(1) of, and paragraph 69 of Schedule 12 to, the Pensions Act 2004.
[^f00005]: Regulation 12(1) was substituted and regulation 12(2) was deleted by regulation 17 of S.I. 1997/786.
Editorial notes
[^key-b8f3a056c3670f71e9e1ea756626cd9c]: Art. 1 in force at made date
[^key-7719662712e3d1cbf5f81e69554e6286]: Art. 2 in force at made date
[^key-f0102e463c4b0592f8c1e0803927353c]: Art. 3 in force at made date
[^key-c41b8e7b516e2c02b8d14f10c63432fe]: Sch. in force at made date
[^key-b7050223c83696662d309b31f1589d19]: Art. 2(1) omitted (E.W.S.) (28.3.2024) by virtue of The Pensions Act 2004 (General Code of Practice) (Appointed Day, Amendment and Revocations) Order 2024 (S.I. 2024/431), art. 3
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