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The Pensions Act 2008 (Commencement No. 9) Order 2011

Type Statutory-Instrument
Publication 2011-03-05
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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articles 3
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Made: 5th March 2011

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 144(4) and 149(1) of the Pensions Act 2008[^f00001].

Citation and interpretation

1

Commencement of provisions

2

SCHEDULE

PART 1 — Provisions of the Act coming into force, for the purpose only of conferring power to make regulations, on the day after the day on which this Order is made

Provisions of the Act Subject matter
Section 120, for the purpose of bringing into force the provisions of Schedule 6 and Schedule 7 specified in this Part Pension compensation sharing and attachment on divorce etc
Section 121 Charges in respect of pension sharing etc
Schedule 6, paragraph 1 (for the purposes of paragraphs 3, 7 and 8(1) and (5)), paragraph 3 (insofar as it inserts section 24F into the Matrimonial Causes Act 1973[^f00002]), paragraph 7 (insofar as it inserts section 25G into that Act), paragraph 8(1) (for the purposes of paragraph 8(5)) and paragraph 8(5) of Part 1, paragraph 13(1) (for the purposes of paragraph 13(6)) and (6) of Part 2, paragraph 14 (for the purposes of paragraphs 15, 17(1) and (4), 18(1) and (7)(e) and 20(4)(g)), paragraph 15 (insofar as it inserts paragraph 19E(2) and (3) of Schedule 4A into the Civil Partnership Act 2004[^f00003]), paragraph 17(1) (for the purposes of paragraph 17(4)) and (4), paragraph 18(1) (for the purposes of paragraph 18(7)(e)) and (7)(e) and paragraph 20(4)(g) of Part 3 Pension compensation on divorce etc: England and Wales
Schedule 7, paragraph 1 (for the purposes of paragraph 4) and paragraph 4 Pension compensation on divorce etc: Scotland

PART 2 — Provisions of the Act (insofar as they are not already in force) coming into force on 6th April 2011

Provisions of the Act Subject matter
Section 107 Scope of mechanism
Section 108 Interpretation
Section 109 Activation of pension compensation sharing
Section 110 Activation of pension compensation sharing: supplementary (Scotland)
Section 111 Creation of pension compensation debits and credits
Section 112 Cash equivalents
Section 113 Reduction of compensation
Section 114 Time for discharge of liability
Section 115 “Implementation period”
Section 116 Discharge of liability
Section 117 Charges in respect of pension compensation sharing costs
Section 118 Supply of information about pension compensation in relation to divorce etc
Section 119 Supply of information about pension compensation sharing
Section 120 Pension compensation sharing and attachment on divorce etc
Section 121 Charges in respect of pension sharing etc
Section 123 Consequential amendments
Section 148 insofar as it relates to Part 4 of Schedule 11 Repeals
Schedule 5, except for paragraph 11 Pension compensation payable on discharge of pension compensation credit
Schedule 6 Pension compensation on divorce etc: England and Wales
Schedule 7 Pension compensation on divorce etc: Scotland
Schedule 11, Part 4 Pension compensation

Signed

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

Steve Webb — Minister of State — Department for Work and Pensions — 5th March 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes provision for the coming into force of section 65 (Objectives of the Regulator) and Chapter 1 and (in part) Chapter 2 of Part 3 of the Pensions Act 2008 (c. 30) (Pension Compensation).

Article 2 (1) brings into force section 65 of the Pensions Act 2008 (“the Act”) on 16th March 2011.

Article 2 (3) brings into force, for the purpose only of conferring power to make regulations, the provisions specified in Part 1 of the Schedule. These provisions come into force on the day after the day on which this Order is made.

Article 2 (3) brings into force on 6th April 2011 the provisions specified in Part 2 of the Schedule, insofar as they are not already in force.

Section 65 of the Act amends section 5(1) of the Pensions Act 2004 (c. 35) so as to insert an additional objective for the Regulator.

Part 3 of the Act makes provision for pension compensation to be shared on divorce or dissolution of a civil partnership and in cases of nullity, and for attachment orders to be made on divorce etc in relation to pension compensation. Section 121 of the Act also makes provision for the Board of the Pension Protection Fund to recover from the parties prescribed charges incurred in relation to implementation of a pension sharing order or provision or compliance with a pension attachment order. With the commencement of the provisions specified in Part 2 of the Schedule, the provisions of Part 3 of the Act (with the exception of paragraph 11 of Schedule 5) that relate to pension compensation sharing and attachment will be fully in force.

A full impact assessment has not been produced for this Order as it has no impact on the private sector or civil society organisations.

Footnotes

[^f00001]: 2008 c. 30.

[^f00002]: 1973 c. 18.

[^f00003]: 2004 c. 33.

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