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Pensions Act 2004
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- 2004 c. 35
- Part 7
- European occupational pension scheme receiving contributions from UK employer
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- specified purposes Appointed Day(s) by S.I. 2007/76 art. 2 (Day appointed for purposes of s. 91(9))
- specified purposes Appointed Day(s) by S.I. 2009/1565 art. 2 (Day appointed for purposes of s. 91(9))
- specified purposes Appointed Day(s) by S.I. 2009/3068 art. 2 (Day appointed for purposes of s. 91(9))
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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by S.I. 2008/576 Sch. 4 para. 5
- Act modified by S.I. 2009/317 art. 3 Sch.
- Act power to modify conferred by 2008 c. 30 s. 146(2)(e)
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 5
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 38A 38B inserted by 2008 c. 30 Sch. 9 para. 2(2)
- s. 39A 39B inserted by 2008 c. 30 Sch. 9 para. 9
- s. 43A 43B inserted by 2008 c. 30 Sch. 9 para. 10
- s. 102A inserted by S.I. 2010/22 Sch. 2 para. 79
- s. 117A inserted by 2008 c. 30 Sch. 10 para. 3
- s. 143A inserted by 2011 c. 19 Sch. 4 para. 6
- s. 143A(4)(c) modified by SI 2005/441, reg. 68(1) (as amended) by S.I. 2012/1688 reg. 2(20)
- s. 168A and cross-heading inserted by 2008 c. 30 s. 121
- s. 181A inserted by 2008 c. 30 Sch. 10 para. 5
- s. 189A inserted by 2008 c. 30 Sch. 10 para. 7
- s. 212A inserted by S.I. 2008/817 art. 8
- s. 231A inserted by S.I. 2006/1733 art. 2(1)
- s. 249A inserted by S.I. 2005/3379 reg. 2
- s. 249A(3)(c) words substituted by 2010 c. 25 Sch. 6 para. 46
- s. 249A(3)(d) inserted by S.I. 2009/1682 Sch. para. 2
- s. 286A inserted by 2008 c. 30 s. 125(1)
- s. 292A inserted by 2011 c. 19 s. 18
Commencement Orders yet to be applied to the Pensions Act 2004:
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/3350 art. 2 Sch. commences (2004 c. 35)
- S.I. 2005/275 art. 2 Sch. commences (2004 c. 35)
- S.I. 2005/599 art. 2 commences (2004 c. 35)
- S.I. 2005/695 art. 2 commences (2004 c. 35)
- S.I. 2005/1108 art. 2 3 commences (2004 c. 35)
- S.I. 2005/1436 art. 2 commences (2004 c. 35)
- S.I. 2005/1720 art. 2 Sch. commences (2004 c. 35)
- S.I. 2005/2447 art. 2 Sch. commences (2004 c. 35)
- S.I. 2005/3331 art. 2 commences (2004 c. 35)
- S.I. 2006/560 art. 2 Sch. commences (2004 c. 35)
- S.I. 2006/2272 art. 2 Sch. commences (2004 c. 35)
- S.I. 2006/3079 art. 2 commences (2004 c. 35)
- S.I. 2008/627 art. 2 commences (2004 c. 35)
- S.I. 2008/1882 art. 2 commences (2004 c. 35)
- S.I. 2009/325 art. 2 commences (2004 c. 35)
- S.I. 2009/1542 art. 2 commences (2004 c. 35)
- S.I. 2009/1583 art. 2 amendment to earlier commencing SI 2005/1720 art. 4
- S.I. 2010/443 art. 2 commences (2004 c. 35)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/309 art. 2 Sch. commences (2006 c. 50)
- S.I. 2007/3063 art. 2 commences (2007 c. 22)
- S.I. 2007/3512 art. 2 commences (2007 c. 22)
- S.I. 2008/839 art. 2 commences (2007 c. 18)
- S.I. 2008/1653 art. 2 commences (2007 c. 15)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2008/3241 art. 2 commences (2008 c. 30)
- S.I. 2009/82 art. 2 commences (2008 c. 30)
- S.I. 2009/406 art. 2 commences (2007 c. 22)
- S.I. 2009/809 art. 2 commences (2008 c. 30)
- S.I. 2009/1566 art. 2 commences (2008 c. 30)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/3250 art. 2(i) commences (2007 c. 29)
- S.I. 2010/10 art. 2(a) commences (2008 c. 30)
- S.I. 2010/467 art. 2 commences (2008 c. 30)
- S.I. 2010/1145 art. 2 commences (2008 c. 30)
- S.I. 2011/664 art. 2 commences (2008 c. 30)
- S.I. 2011/1267 art. 2 3 commences (2007 c. 22)
- S.I. 2011/2485 art. 2 commences (2010 c. 25)
- S.I. 2011/3034 art. 2-4 commences (2011 c. 19)
- S.I. 2012/1681 art. 2(2)(c) art. 2(2)(d) art. 3(b)(ii) art. 3(b)(iii) commences (2011 c. 19)
- S.I. 2012/1682 art. 2 Sch. 2 commences (2008 c. 30)
- S.R. 2005/48 art. 2 commences (S.I. 2005/255 (N.I.))
- S.R. 2009/22 art. 2 commences (2008 c. 13 (N.I.))
- S.R. 2009/249 art. 2 commences (2008 c. 13 (N.I.))
- S.R. 2010/101 art. 2 commences (2010 c. 4 (N.I.))
Prospective
European occupational pension scheme receiving contributions from UK employerE+W+S
293Functions of Regulator in relation to institutions administered in other member StatesE+W+S
(1)Where a UK employer makes (or proposes to make) contributions to a European pensions institution, any function which Article 20 of the Directive requires or authorises to be exercised by the competent authorities of the host member State is exercisable by the Regulator.
(2)If the Regulator receives a notification in pursuance of Article 20(4) of the Directive from the competent authority in another member State, the Regulator must within two months inform that authority of any relevant legal requirements.
(3)Where there is a significant change in any relevant legal requirements, the Regulator must as soon as reasonably practicable inform any competent authority in relation to which it has provided information under subsection (2) of that change.
(4)Where a UK employer makes contributions to a European pensions institution, the Regulator must—
(a)monitor the compliance of that institution with the relevant legal requirements, and
(b)if the Regulator becomes aware of any contravention by the institution of any relevant legal requirements, inform the competent authority of the member State in which the institution has its main administration of the failure.
(5)If the Regulator is satisfied that a European pensions institution which receives contributions from a UK employer is contravening any relevant legal requirements, the Regulator may issue a notice to the UK employer directing him—
(a)to take or refrain from taking such steps as are specified in the notice in order to remedy the failure by the institution, or
(b)to cease to make further contributions to the institution.
(6)Regulations may make further provision about the effect of a notice under subsection (5)(b), including provision conferring functions on the Regulator.
(7)Section 10 of the Pensions Act 1995 (civil penalties) applies to any UK employer who, without reasonable excuse, fails to comply with a notice under subsection (5).
(8)In this section—
“European pensions institution” means an institution for occupational retirement provision, as defined by Article 6(a) of the Directive, that has its main administration in a member State other than the United Kingdom;
“relevant legal requirements” means such requirements of the law relating to occupational pension schemes, as it applies in any part of the United Kingdom, as may be prescribed;
“UK employer” means an employer who—
(a)in the case of a body corporate, is incorporated under the law of the United Kingdom or any part of the United Kingdom, or
(b)in any other case, is resident in the United Kingdom.
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