C1C2C3C4Part III Certification of Pension Schemes and Effects on Members’ State Scheme Rights and Duties
Pt. III: power to modify conferred (1.6.1996 for specified purposes, 6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), ss. 149(1), 180(1); S.I. 1996/778, art. 2(6); S.I. 1997/664, art. 2(3), Sch. Pt. 2
Pt. III applied (with modifications) (6.4.1997) by The Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations 1996 (S.I. 1996/1977), regs. 1(1), 2(4)(a)-(f)
Pt. III: power to transfer functions conferred (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 23, 28(3); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)
Chapter III Termination of contracted-out or appropriate scheme status: state scheme premiums
Supervision of formerly certified schemes
I1C552 Supervision of schemes which have ceased to be certified.
1
2
This subsection applies as respects any F13salary related occupational pension scheme, other than a public service pension scheme, where—
F2a
the scheme has ceased to be a contracted-out scheme, and
b
any persons remain who fall within any of the following categories.
F32A
Those categories are—
a
any persons entitled to receive, or having accrued rights to—
i
guaranteed minimum pensions, or
ii
pensions under the scheme attributable to service on or after the principal appointed day but before the scheme ceased to be contracted-out,
F14b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F153
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1C653 Supervision: former contracted-out schemes.
F51
1A
An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them.
1B
A direction under subsection (1) shall be enforceable—
a
in England and Wales, in a county court as if it were an order of that court, and
b
in Scotland, by the sheriff, as if it were an order of the sheriff and whether or not the sheriff could himself have given such an order
F91C
But where a direction under subsection (1) conflicts with a freezing order made by the Regulatory Authority under section 23 of the Pensions Act 2004 in relation to the scheme then, during the period for which the freezing order has effect, the direction to the extent that it conflicts with the freezing order—
a
is not binding as described in subsection (1), and
b
is not enforceable as described in subsection (1B).
F62
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13
If a certificate has been issued under subsection (2) of section 50 and has not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 52(2A)(a) F16... must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the F8Inland Revenue may allow.
F74
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F75
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1754 Supervision: former appropriate personal pension schemes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. III power to modify conferred by Social Security Administration Act 1992 (c. 5), s. 148 (as read with Pensions Act 1995 (c. 26), ss. 128(3)(4), 180(2) (with s. 128(5)(6)); Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 33(2)-(4), 86(1)(b)(2))