The Occupational Pension Schemes (Levies) (Amendment) Regulations 2007

Made: 23rd March 2007

Coming into force in accordance with regulation 1(2) and (3)

These Regulations are made in exercise of the powers conferred by sections 117(1), (3) and (7)(b), 209(7) and (8), 315(2) and (5) and 318(1) of the Pensions Act 2004 .

In accordance with section 117(4) of that Act the Secretary of State for Work and Pensions has consulted the Board of the Pension Protection Fund .

In accordance with section 317(1) of that Act the Secretary of State for Work and Pensions has consulted such persons as he considers appropriate.

In accordance with section 316(2)(a) and (g) of that Act a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Accordingly the Secretary of State for Work and Pensions makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Occupational Pension Schemes (Levies) (Amendment) Regulations 2007.

• (2) This regulation and regulation 4 shall come into force on 30th March 2007.

• (3) Regulations 2, 3 and 5 shall come into force on 1st April 2007.

• (4) In these Regulations “the Levies Regulations” means the Occupational Pension Schemes (Levies) Regulations 2005 .

Removal of references to the PPF Ombudsman levy

2

• (1) The Levies Regulations are amended in accordance with this regulation (see also regulations 3 and 4 which make further amendments).

• (2) In regulation 2 (interpretation), omit the definition of “the PPF Ombudsman levy”.

• (3) For the heading to Part 2 substitute “ ADMINISTRATION LEVY ”.

• (4) Omit regulation 3 (meaning of “the levies” in Part 2).

• (5) In regulation 4 (liability for the levies)—

• (a) for the heading substitute “ Liability for the administration levy ”;

• (b) omit paragraph (2);

• (c) in paragraph (3), for “Subject to paragraph (4), the levies are” substitute “ The administration levy is ”;

• (d) omit paragraph (4) ;

• (e) in paragraph (5), for “The levies in respect of a financial year are” substitute “ The administration levy in respect of a financial year is ”; and

• (f) in paragraph (6), for “the levies are” substitute “ the administration levy is ”.

• (6) In regulation 5(1) (the reference day), for “each of the levies” substitute “ the administration levy ”.

• (7) In regulation 7(2) (schemes eligible for only part of the financial year), for “each of the levies” substitute “ the administration levy ”.

• (8) In regulation 13(1) (meaning of “the levies” in Part 4), omit “, the PPF Ombudsman levy”.

• (9) In regulation 18(4) (avoidance of double liability: schemes in Northern Ireland), omit sub-paragraph (b).

The administration levy

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Waiver of the administration levy

4

After regulation 7 of the Levies Regulations (schemes eligible for only part of the financial year) insert—

(7A) (1) This regulation applies to an eligible scheme if, in respect of a financial year— (a) any amount payable by way of any pension protection levy in respect of the scheme is waived under regulations made under section 181(8)(b) of the 2004 Act; and (b) the scheme is not a scheme which is authorised under section 153 of the 2004 Act to continue as a closed scheme. (2) In respect of the same financial year, any amount payable by way of the administration levy in respect of the scheme is also waived.

Revocations

5

Paragraphs (2), (4) and (8)(a) of regulation 2 of the Occupational Pension Schemes (Levies) (Amendment) Regulations 2006 (amendment of the Levies Regulations) are revoked.

Signed

Signed by authority of the Secretary of State for Work and Pensions.

James Purnell — Minister of State, — 23rd March 2007

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2004 c.35. Section 318(1) is cited because of the meaning there given to “prescribed” and “regulations”.

[^f00002]: The Board of the Pension Protection Fund is established by section 107 of the Pensions Act 2004.

[^f00003]: S.I. 2005/842, amended by S.I. 2006/935.

[^f00004]: Regulation 4(4) was amended by regulation 2(2) of S.I. 2006/935.

[^f00005]: Regulation 13(1) was amended by regulation 2(5)(a) of S.I. 2006/935.

[^f00006]: Regulation 18(4)(b) was amended by regulation 2(8)(a) of S.I. 2006/935.

[^f00007]: Regulation 6(2) was amended by regulation 2(4) of S.I. 2006/935.

[^f00008]: Section 153 of the Pensions Act 2004 is modified in its application to partially guaranteed schemes by S.I. 2005/277 and in its application to multi-employer schemes by S.I. 2005/441 (relevant amending instruments are S.I. 2005/993 and 2113).

[^f00009]: S.I. 2006/935.

Editorial notes

[^c1842559]: 2004 c.35. Section 318(1) is cited because of the meaning there given to “prescribed” and “regulations”.

[^c1842560]: The Board of the Pension Protection Fund is established by section 107 of the Pensions Act 2004.

[^c1842561]: S.I. 2005/842, amended by S.I. 2006/935.

[^c1842562]: Regulation 4(4) was amended by regulation 2(2) of S.I. 2006/935.

[^c1842563]: Regulation 13(1) was amended by regulation 2(5)(a) of S.I. 2006/935.

[^c1842564]: Regulation 18(4)(b) was amended by regulation 2(8)(a) of S.I. 2006/935.

[^c1842566]: Section 153 of the Pensions Act 2004 is modified in its application to partially guaranteed schemes by S.I. 2005/277 and in its application to multi-employer schemes by S.I. 2005/441 (relevant amending instruments are S.I. 2005/993 and 2113).

[^c1842567]: S.I. 2006/935.

[^key-a066cfdd407091b849a60071be809ec5]: Reg. 3 revoked (1.4.2015) by The Occupational Pension Schemes (Levies) (Amendment) Regulations 2015 (S.I. 2015/84), regs. 1(2), 2(2)(a)