![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |
United Kingdom Statutory Instruments |
||
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 No. 2113 URL: https://www.bailii.org/uk/legis/num_reg/2005/20052113.html |
[New search] [Help]
Made | 28th July 2005 | ||
Laid before Parliament | 29th July 2005 | ||
Coming into force in accordance with regulation 1 |
1. | Citation, commencement and interpretation |
2. | Amendment of section 10 of, and Schedule 2 to, the Act |
3. | Amendment of Schedule 9 to the Act |
4. | Insertion of the definition of "assessment date" |
5. | Amendment of the definition of "employer" of an occupational pension scheme that has no active members |
6. | Amendment of the definition of "employer" in relation to a multi-employer scheme or a section of a multi-employer scheme |
7. | Insertion of definition of "non-segregated scheme" |
8. | Insertion of the definition of "segregated scheme" |
9. | Amendment of the Compensation Regulations |
10. | Amendment of the Multi-employer Regulations |
11. | Amendment of the Notifiable Events Regulations |
12. | Amendment of the Provision of Information Regulations |
13. | Amendment of the Review and Reconsideration Regulations |
14. | Revocations |
(5) In these Regulations—
Amendment of section 10 of, and Schedule 2 to, the Act
2.
—(1) After subsection (6)(h) of section 10 of the Act (functions exercisable by the Determinations Panel), insert—
(2) After paragraph 15 of Schedule 2 to the Act[10] (the reserved regulatory functions), insert—
(3) Paragraphs (ha) and (hb) of section 10(6) of, and paragraphs 15A and 15B of Schedule 2 to, the Act (as inserted by paragraphs (1) and (2)) shall only have effect in the case of applications made by virtue of sections 58(7) and 60(7) of the Pensions Act 1995[11] on or after the date on which these Regulations come into force for the exercise of the power to extend or further extend under section 58(7) or 60(7) of that Act.
Amendment of Schedule 9 to the Act
3.
After paragraph 7 of Schedule 9 to the Act[12] (reviewable matters), insert—
Insertion of the definition of "assessment date"
4.
—(1) In each of the provisions specified in paragraph (2), in the appropriate alphabetical place, insert—
(2) The specified provisions are—
Amendment of the definition of "employer" of an occupational pension scheme that has no active members
5.
—(1) For the first definition of "employer" ("employer" in relation to an occupational pension scheme that has no active members) in each of the provisions specified in paragraph (2), substitute—
which has no active members, includes the person who was the employer of persons in the description of employment to which the scheme or section relates immediately before the time at which the scheme or section ceased to have any active members in relation to it;".
(2) The specified provisions are—
(3) For paragraph (4) of regulation 1 of the Entry Rules Regulations, substitute—
which has no active members, includes the person who was the employer of persons in the description of employment to which the scheme or section relates immediately before the time at which the scheme or section ceased to have any active members in relation to it.".
(4) For paragraph (2) of regulation 2 of the Provision of Information Regulations, substitute—
which has no active members, includes the person who was the employer of persons in the description of employment to which the scheme or section relates immediately before the time at which the scheme or section ceased to have any active members in relation to it.".
Amendment of the definition of "employer" in relation to a multi-employer scheme or a section of a multi-employer scheme
6.
—(1) For the second definition of "employer" ("employer" in relation to a multi-employer scheme or a section of a multi-employer scheme) in each of the provisions specified in paragraph (2), substitute—
(iii) condition C is that such a debt became due but before the assessment date it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due;
(b) in any other case, includes any person who has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—
(iii) condition C is that such a debt became due but it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due;".
(2) The specified provisions are—
(3) For paragraph (5) of regulation 1 of the Entry Rules Regulations, substitute—
(iii) condition C is that such a debt became due but before the assessment date it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due;
(b) in any other case, includes any person who has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—
(iii) condition C is that such a debt became due but it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due.".
(4) For paragraph (3) of regulation 2 of the Provision of Information Regulations, substitute—
(iii) condition C is that such a debt became due but before the assessment date it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due;
(b) in any other case, includes any person who has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—
(iii) condition C is that such a debt became due but it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due.".
(5) For the second definition of "employer" in paragraph (2) of regulation 1 of the Valuation Regulations, substitute—
(iii) condition C is that such a debt became due but before the assessment date it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due;
(b) in any other case, includes any person who has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—
(iii) condition C is that such a debt became due but it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due;".
Insertion of definition of "non-segregated scheme"
7.
—(1) In each of the provisions specified in paragraph (2), in the appropriate alphabetical place, insert—
(2) The specified provisions are—
Insertion of the definition of "segregated scheme"
8.
—(1) In each of the provisions specified in paragraph (2), in the appropriate alphabetical place, insert—
(2) The specified provisions are—
Amendment of the Compensation Regulations
9.
—(1) The Compensation Regulations shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (2) of regulation 1—
(3) In regulation 3 (circumstances where a widow or widower is not entitled to periodic compensation), for "where there is no provision to pay a survivor's pension under the admissible rules of the scheme.", substitute—
to pay a survivor's pension to a relevant partner; or
(b) no provision to a pay a survivor's pension under the admissible rules of the scheme.".
(4) In regulation 4 (compensation for surviving dependants)—
(2C) No compensation may be paid under paragraph (2B) where there is a valid nomination made by the member in accordance with either—
to pay a survivor's pension to a relevant partner.".
(5) In regulation 5[16] (amount and duration of periodic compensation in the case of relevant partners), after "compensation is payable to a relevant partner", insert "or civil partner,".
(6) In paragraphs (2) and (3) of regulation 6 (amount of periodic compensation that can be paid in the case of surviving dependants), for "surviving spouse or relevant partner", substitute "surviving spouse, relevant partner or civil partner".
(7) In regulation 7 (period of payment), for "25", in each place it occurs, substitute "23".
Amendment of the Multi-employer Regulations
10.
—(1) The Multi-employer Regulations shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 1[17] (citation, commencement and interpretation)—
(iii) condition C is that such a debt became due but before the assessment date it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due;
(b) in any other case, includes any person who before the assessment date has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—
(iii) condition C is that such a debt became due but before the assessment date it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;
(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due.".
(3) For Part 3 (segregated schemes: multi-employer sections without requirement for partial wind up on withdrawal of participating employer), substitute—
(3) Paragraph (2) shall not have effect in relation to section 174 of the Act (initial levy).
Notification of insolvency events, confirmation of scheme status etc.
15.
—(1) Section 120 of the Act (duty to notify insolvency events in respect of employers) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if—
(c) in paragraph (a) of subsection (3), for the words "the employer", there were substituted the words "an employer";
(d) in subsection (4)—
(e) in subsection (5)—
(f) in subsection (6), for the words "the employer", there were substituted the words "an employer"; and
(g) after subsection (6), there were inserted the following subsection—
(b) in subsection (4)—
(c) after subsection (4), there were inserted the following subsection—
Eligible schemes
16.
—(1) Except as otherwise provided in this Part, for the purposes of Part 2 of the Act, except Chapter 4, as it applies to a section of a scheme to which regulation 14 applies, references to "an eligible scheme" shall be read as if they were references to a multi-employer section of a segregated scheme where that section, if it were a scheme, would not be—
(2) Paragraph (1) shall not apply for the purposes of sections 174 to 181 of the Act (the levies).
Duty to assume responsibility for schemes
17.
—(1) Section 127 of the Act (duty to assume responsibility for schemes following insolvency event) shall have effect in relation to a section of a scheme to which regulation 14 applies and, for this purpose, shall be modified so that it shall be read as if—
(b) it occurs on or after the day appointed under section 126(2), and
(c) it—
(2) Section 128 of the Act (duty to assume responsibility for schemes following application or notification) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if, for subsection (1), there were substituted the following subsection—
(3) Section 129 of the Act (applications and notifications for the purposes of section 128) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if—
(ii) ii)received a notice given by the Board under subsection (5) by virtue of a notice given by the Regulator under subsection (4)(a) in respect of an employer in relation to the section at a time when all other employers in relation to that section have either had—
(b) are aware that a person is no longer an employer, or that persons are no longer employers, in relation to the section at a time when—
(ii) at least one such insolvency event occurred, or at least one such notice was given under subsection (1A) or (5) by virtue of a notice given by the Regulator under subsection (4)(a), on or after 6th April 2005 in relation to an employer in relation to that section,
they must, except where an assessment period has already begun in relation to that section of the scheme, make an application to the Board for it to assume responsibility for the section under section 128.";
they must give the Board a notice to that effect.
(1B) The notice which must be given to the Board in accordance with subsection (1A) must be in writing and must contain the following information—
(1C) Where the trustees or managers of a multi-employer section of a segregated scheme which is, for the purposes of this Part, an eligible scheme make an application to the Board under subsection (1)(a) or (b), they must as soon as practicable notify that fact to all the employers in relation to that section of the scheme and to the trustees or managers of each section of the scheme (if different).";
(b) is aware that a person is no longer an employer, or that persons are no longer employers, in relation to that section of the scheme at a time when—
(ii) at least one such insolvency event occurred, or at least one such notice was given under subsection (1A) or (5) by virtue of a notice given by the Regulator under subsection (4)(a), on or after 6th April 2005 in relation to an employer in relation to that section of the scheme,
(d) after subsection (5), there were inserted the following subsection—
Board's duty where application or notification received under section 129
18.
Section 130 of the Act (Board's duty where application or notification received under section 129) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if—
(b) in subsection (2), after the words "a scheme rescue is not possible", there were inserted the words "in relation to a multi-employer section of a segregated scheme";
(c) in subsection (3), after the words "a scheme rescue has occurred", there were inserted the words "in relation to that section";
(d) after subsection (4), there were inserted the following subsection—
(f) after subsection (7), there were inserted the following subsection—
Protected liabilities
19.
Section 131 of the Act (protected liabilities) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if, for subsection (1), there were substituted the following subsection—
Assessment periods
20.
Section 132 of the Act (assessment periods) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if—
(b) in subsection (4), for the words "in relation to an eligible scheme, an application is made under section 129(1) or a notification is received under section 129(5)(a), an assessment period", there were substituted the words "in relation to a multi-employer section of a segregated scheme which is, for the purposes of this Part, an eligible scheme, an application is made under section 129(1)(a) or (b) or a notification is received under section 129(4)(b), an assessment period in relation to that section of the scheme"; and
(c) in subsection (5), for the words "section 129(5)(a)", there were substituted the words "section 129(4)(b)".
Directions
21.
Section 134 of the Act (directions) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if—
(b) in paragraph (a)(i) of subsection (3), for the words "the trustees or managers" there were substituted the words "any trustees or managers".
Power to validate contraventions of section 135 and Board to act as creditor of the employer
22.
—(1) Section 136 of the Act (power to validate contraventions of section 135) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if—
(2) Section 137(2) of the Act (Board to act as creditor of the employer) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if, for the words "the employer", there were substituted the words "an employer".
Valuation of assets
23.
—(1) Section 143(2) of the Act (Board's obligation to obtain valuation of assets and protected liabilities) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if, for the words "the scheme", there were substituted the words "the relevant section of the scheme".
(2) Section 144 of the Act (approval of valuation) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if—
Refusal to assume responsibility for a scheme
24.
—(1) Section 146 of the Act (schemes which become eligible schemes) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if—
(c) after subsection (2), there were inserted the following subsection—
(b) in paragraph (b)(iii) of subsection (2), for the words "in relation to the employer or, if there is no such insolvency practitioner, the employer", there were substituted the words "in relation to an employer or, if there is no such insolvency practitioner, that employer";
(c) after subsection (2), there were inserted the following subsection—
Reconsideration, closed schemes and requirement to wind up schemes with sufficient assets to meet protected liabilities
25.
—(1) Section 151(8) of the Act (application for reconsideration) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if, in the definition of "protected benefits quotation", for the words from ""protected benefits quotation", in relation to a scheme, means" to the words "from the reconsideration time—", there were substituted the following words—
(b) after subsection (3), there were inserted the following subsection—
Transfer notice and assumption of responsibility for a scheme
26.
—(1) Section 160 of the Act (transfer notice) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if—
(3) Schedule 6 to the Act (transfer of property, rights and liabilities to the Board) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if, in paragraph 1, for the words "an occupational pension scheme", there were substituted the words "a multi-employer section of a segregated multi-employer scheme".
The pension compensation provisions
27.
—(1) Section 162(1) of the Act (the pension compensation provisions) shall be modified in its application to a section of a scheme to which regulation 14 applies so that it shall be read as if—
(2) Section 122 of the Act (insolvency practitioner's duty to issue notices confirming status of the scheme) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—
(3) Section 123 of the Act (approval of notices issued under section 122) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—
(4) Section 124 of the Act (Board's duty where there is a failure to comply with section 122) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—
(b) in subsection (4)—
(c) after subsection (4), there were inserted the following subsection—
(5) Section 125 of the Act (binding notices confirming status of scheme) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—
(b) after subsection (3), there were inserted the following subsection—
Eligible schemes
63.
—(1) Section 126(1) of the Act (eligible schemes) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if, for the words "an occupational pension scheme", there were substituted the words "a non-segregated scheme".
(2) Paragraph (1) shall not have effect in relation to sections 174 to 181 of the Act (the levies).
Duty to assume responsibility for schemes
64.
—(1) Section 127 of the Act (duty to assume responsibility for schemes following insolvency event) shall have effect in relation to a scheme to which regulation 61 applies and, for this purpose, shall be modified so that it shall be read as if—
(b) it occurs on or after the day appointed under section 126(2), and
(c) it—
(2) Section 128 of the Act (duty to assume responsibility for schemes following application or notification) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if, for subsection (1), there were substituted the following subsection—
Applications and notifications and Board's duty where application or notification received under section 129
65.
—(1) Section 129 of the Act (applications and notifications for the purposes of section 128) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—
(ii) ii)received a notice given by the Board under subsection (5) by virtue of a notice given by the Regulator under subsection (4)(a) in respect of an employer in relation to the scheme at a time when all other employers in relation to the scheme have either had—
(b) are aware that a person is no longer an employer, or that persons are no longer employers, in relation to the scheme at a time when—
(ii) at least one such insolvency event occurred, or at least one such notice was given under subsection (1A) or (5) by virtue of a notice given by the Regulator under subsection (4)(a), on or after 6th April 2005 in relation to an employer in relation to that scheme,
they must give the Board a notice to that effect.
(1B) The notice which must be given to the Board in accordance with subsection (1A) must be in writing and must contain the following information—
(1C) Where the trustees or managers of a non-segregated scheme which is, for the purposes of this Part, an eligible scheme make an application to the Board under subsection (1)(a) or (b), they must as soon as practicable notify that fact to all the employers in relation to the scheme.";
(b) is aware that a person is no longer an employer, or that persons are no longer employers, in relation to the scheme at a time when—
(ii) at least one such insolvency event occurred, or at least one such notice was given under subsection (1A) or (5) by virtue of a notice given by the Regulator under subsection (4)(a), on or after 6th April 2005 in relation to an employer in relation to that scheme,
(b) after subsection (4), there were inserted the following subsection—
Assessment periods
66.
Section 132 of the Act (assessment periods) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—
(b) in subsection (4), for the words "in relation to an eligible scheme, an application is made under section 129(1) or a notification is received under section 129(5)(a), an assessment period", there were substituted the words "in relation to a non-segregated scheme which is, for the purposes of this Part, an eligible scheme, an application is made under section 129(1)(a) or (b) or a notification is received under section 129(4)(b), an assessment period in relation to the scheme"; and
(c) in subsection (5), for the words "section 129(5)(a)", there were substituted the words "section 129(4)(b)".
Power to validate contraventions of section 135 and Board to act as creditor of the employer
67.
—(1) Section 136(2)(of the Act (power to validate contraventions of section 135) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if, for the words "in relation to the employer, or if there is no such insolvency practitioner, the employer", there were substituted the words "in relation to an employer or, if there is no such insolvency practitioner, that employer".
(2) Section 137(2) of the Act (Board to act as creditor of the employer) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if, for the words "the employer", there were substituted the words "an employer".
Valuation of assets
68.
Sections 144(2)(b)(iii) (approval of valuation) and 145(3)(c) (binding valuations) of the Act shall be modified in their application to a scheme to which regulation 61 applies so that they shall be read as if, for the words "in relation to the employer or, if there is no such insolvency practitioner, the employer", there were substituted the words "in relation to an employer or, if there is no such insolvency practitioner, that employer".
Refusal to assume responsibility
69.
—(1) The provisions of the Act specified in paragraph (2) shall be modified in their application to a scheme to which regulation 61 applies so that they shall be read as if, for the words "in relation to the employer or, if there is no such insolvency practitioner, the employer", there were substituted the words "in relation to an employer or, if there is no such insolvency practitioner, that employer".
(2) The provisions specified in this paragraph are—
(3) Section 148(5)(c) and (7)(c) of the Act (withdrawal following issue of section 122(4) notice) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if, for the words "the employer", there were substituted the words "any employer".
Transfer notice and the pension compensation provisions
70.
—(1) Section 160 of the Act (transfer notice) shall be modified in its application to a scheme to which regulation 61 applies so that it shall be read as if—
Amendment of the Notifiable Events Regulations
11.
—(1) The Notifiable Events Regulations shall be amended in accordance with the following provisions of this regulation.
(2) In sub-paragraph (c) of regulation 2(1) (notifiable events), after "another scheme", insert ", or where the trustees or managers are required to make or accept a transfer payment without such a decision having been taken, the making or acceptance of that payment,".
(3) In sub-paragraph (e) of regulation 2(1), after "to a member", insert ", or where the trustees or managers are required to grant benefits or a right to benefits without such a decision having been taken, the granting of those benefits or that right,".
(4) In sub-paragraph (b) of regulation 2(2), after "United Kingdom", add ", or where the employer ceases to carry on business in the United Kingdom without such a decision having been taken, the cessation of business in the United Kingdom by that employer".
(5) In sub-paragraph (f) of regulation 2(2), after "employer company", add ", or where the controlling company relinquishes such control without a decision to do so having been taken, the relinquishing of control of the employer company by that controlling company".
Amendment of the Provision of Information Regulations
12.
—(1) The Provision of Information Regulations shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1) of regulation 2, at the end of the definition of "review decision", omit "and".
(3) In paragraph 1(1) of Schedule 2 (information to be provided by trustees or managers), omit the definition of "assessment date".
Amendment of the Review and Reconsideration Regulations
13.
—(1) The Review and Reconsideration Regulations shall be amended in accordance with the provisions of this regulation.
(2) In the table in the Schedule (interested person), after paragraph 7, insert—
"7A.
Paragraph 7A[24] |
7A.
The member in respect of whom a determination under section 141(2) is made" |
Revocations
14.
Paragraphs (2), (4) and (7) of regulation 5 of the Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005[25] (amendment of the Multi-employer Regulations) are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Stephen C. Timms
Minister of State, Department for Work and Pensions
28th July 2005
Regulation 11 amends the Notifiable Events Regulations, so that certain events which involved the taking of a decision about a certain action are now expanded to include a requirement to notify the Pensions Regulator when the action itself occurs in circumstances where a decision about that action was not required to be taken.
Regulation 12 amends regulation 2 of the Provision of Information Regulations to correct a typographical error and makes a further consequential amendment to omit the definition of "assessment date" in paragraph 1(1) of Schedule 2 to those Regulations.
Regulation 13 amends the Review and Reconsideration Regulations by prescribing the interested person in relation to the reviewable matter specified in paragraph 7A of Schedule 9 to the Act as inserted by regulation 3 of these Regulations.
Regulation 14 revokes paragraphs (2), (4) and (7) of regulation 5 of the Occupational Pension Schemes and Pension Protection Fund (Amendment) Regulations 2005 (S.I. 2005/993) as a consequence of the amendment of the Multi-employer Regulations by regulation 11 of these Regulations.
As these Regulations are made before the expiry of the period of six months beginning with the coming into force of the provisions of the Act by virtue of which they are made, the requirement for the Secretary of State to consult such persons as he considers appropriate does not apply.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.
[2] See section 317 of the Pensions Act 2004, which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions of that Act (other than Part 8). This duty does not apply where regulations are made before the end of the period of six months beginning with the coming into force of the provisions of the Act by virtue of which the regulations are made.back
[3] S.I. 2005/670, amended by S.I. 2005/993.back
[4] S.I. 2005/590, amended by S.I. 2005/993.back
[5] S.I. 2005/441, amended by S.I. 2005/993.back
[8] S.I. 2005/669, amended by S.I. 2005/993.back
[9] S.I. 2005/672, amended by S.I. 2005/993.back
[10] Schedule 2 was amended by S.I. 2005/703.back
[11] 1995 c.26. Section 58 was amended by section 18 of, and paragraph 14(1) of Schedule 2 to, the Welfare Reform and Pensions Act 1999 (c.30).back
[12] Schedule 9 was amended by regulation 4 of S.I. 2005/600 and was also modified, in relation to a partially guaranteed scheme, by regulation 3 of that instrument. Schedule 9 was further modified, in relation to the functions of the Pensions Compensation Board, by article 4(11) of S.I. 2005/1720.back
[13] Regulation 1 was amended by regulation 5(2) of S.I. 2005/993.back
[14] Section 75 was amended by section 271 of the Pensions Act 2004.back
[16] Regulation 5(b) was amended by regulation 2 of S.I. 2005/993.back
[17] Regulation 1 was amended by regulation 5(2) of S.I. 2005/993.back
[18] Subsection (1A) of section 129 of the Pensions Act 2004 (c.35) is inserted by the modification in paragraph (3)(b) of this regulation.back
[19] Subsection (4) of section 129 of the Pensions Act 2004 is substituted by the modification in paragraph (3)(c) of this regulation.back
[20] Subsection (1) of section 129 is modified by paragraph (3)(a) of this regulation.back
[21] Subsection (1A) of section 129 of the Pensions Act 2004 is inserted by the modification in regulation 65(1)(b) as substituted by these Regulations.back
[22] Subsection (4) of section 129 of the Pensions Act 2004 is substituted by the modification in regulation 65(1)(c) as substituted by these Regulations.back
[23] Subsection (1) of section 129 of the Pensions Act 2004 is substituted by the modification in regulation 65(1)(a) as substituted by these Regulations.back
[24] Paragraph 7A is inserted by regulation 3 of these Regulations.back
© Crown copyright 2005