- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) (Amendment) Order 2012 No. 709
2.—(1) The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No. 2) Order 2011(1) is amended as follows.
(2) For article 3 (amendments to the Insolvency Act 1986), substitute—
“3.—(1) Section 310 of the Insolvency Act 1986(2) (income payments orders) is amended as follows.
(2) Omit subsection (8)(b) and the word “and” immediately preceding it.
(3) In subsection (9), for “and “protected rights” have” substitute “has”.”.
(3) After article 5(15) (amendments to the Pension Schemes Act 1993), insert—
“(15A) In section 155 (requirement to give information to the Secretary of State or the Board for the purposes of certain provisions)(3), for “, section 117 and section 159 (so far as it relates to protected rights payments)” substitute “and section 117”.”.
(4) For article 5(17), substitute—
“(17) In section 159 (inalienability of guaranteed minimum pension and protected rights payments)—
(a)in the sidenote, omit “and protected rights payments”,
(b)in subsection (1)(a), omit “or to payments giving effect to protected rights under such a scheme”,
(c)in subsection (1)(i) and (ii), omit “or those payments”,
(d)omit subsection (4), and
(e)for subsection (4A)(4), substitute—
“(4A) Where a person is entitled or prospectively entitled as is mentioned in subsection (1), no order shall be made by any court the effect of which would be that he would be restrained from receiving anything the assignment of which is or would be made void by that subsection.”.”.
(5) For article 5(18), substitute—
“(18) In section 164 (Crown employment), for subsection (2), substitute—
“(2) A person who is employed by or under the Crown shall be treated as an employed earner for the purposes of—
(a)sections 31 and 33, so far as they relate to personal pension schemes;
(b)sections 43 and 45;
(c)section 48, so far as it relates to minimum contributions;
(d)sections 117, 154 and 155; and
(e)sections 160 and 166.”.”.
(6) After article 5(18), insert—
“(18A) In section 165 (application of certain provisions to cases with foreign element), in subsection (2)(a)(5), omit “and section 159 (so far as it relates to protected rights payments).”.”.
(7) For article 5(21), substitute—
“(21) In section 177 (general financial arrangements), in subsection (3)(b), for sub-paragraph (ii), substitute—
“(ii)sections 31, 33, 117, 154 and 155; and
(iii)sections 160 and 166.”.”.
(8) After article 6(2) (amendments to the Pensions Act 1995), insert—
“(2A) In section 91(7) (inalienability of occupational pension), omit “and protected rights payments”.”.
Section 155 was amended by section 151 of, and paragraph 65 of Schedule 5 to, the Pensions Act 1995, and by section 1(1) of, and paragraph 59 of Schedule 1 to, the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2).
Subsection (4A) was inserted by section 122 of, and paragraph 41 of Schedule 3 to, the Pensions Act 1995.
Subsection (2)(a) was amended by section 151 of, and paragraph 68 of Schedule 5 to, the Pensions Act 1995.
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