The Occupational Pension Schemes (Transitional Provisions and Savings) Amendment Regulations 1991

Statutory Instruments

1991 No. 4

PENSIONS

The Occupational Pension Schemes (Transitional Provisions and Savings) Amendment Regulations 1991

Made

9th January 1991

Laid before Parliament

17th January 1991

Coming into force

7th February 1991

The Secretary of State for Social Security, in exercise of the powers conferred upon him by section 166(1) and (2) of the Social Security Act 1975(1) and section 21(3) of the Social Security Act 1990(2), hereby makes the following Regulations:

Citation and commencement

1.—(1) These Regulations may be cited as the Occupational Pension Schemes (Transitional Provisions and Savings) Amendment Regulations 1991.

(2) These Regulations shall come into force on 7th February 1991.

Amendment of the Occupational Pension Schemes (Transitional Provisions and Savings) Regulations 1990

2.  In regulation 2(2) of the Occupational Pension Schemes (Transitional Provisions and Savings) Regulations 1990(3)—

(a) in sub-paragraph (e) the word “or” where it occurs in the second place shall be omitted, and

(b) at the end of sub-paragraph (f) there shall be inserted the word “; or” and after that sub-paragraph there shall be added the following sub-paragraph—

“(g) where before 3rd July 1990 a request in writing was received by the Department of Social Security for information required in order to makea submission to the Commissioners of Inland Revenue for the approval of a proposal to make the payment to the employer.”.

Signed by authority of the Secretary of State for Social Security.

Henley

Parliamentary Under-Secretary of State,

Department of Social Security

9th January 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Occupational Pension Schemes (Transitional Provisions and Savings) Regulations 1990 (“the 1990 Regulations”) in order to make further transitional provisions and savings in connection with the coming into force of section 11(3) to (6) of the Social Security Act 1990 (“the 1990 Act”).

Section 11(3) to (6) of the 1990 Act limits the circumstances in which payments can be made to an employer out of resources of an occupational pension scheme. Regulation 2 of the 1990 Regulations makes provision for certain kinds of payment to be made even if the circumstances set out in section 11(3) to (6) of the 1990 Act do not exist.

Regulation 2 of these Regulations, by amending regulation 2 of the 1990 Regulations, makes provision for a payment to be made to an employer from the resources of an occupational scheme where, before 3rd July 1990, a request in writing was received by the Department of Social Security for information required in order to makea submission to the Commissioners of Inland Revenue for approval of a proposal to make the payment.

(1)

1975 c. 14. Section 166(1) to (3A) applies to powers to make regulations under the Social Security Act 1990 by virtue of section 19(1) of that Act.

(2)

1990 c. 27.

(3)

S.I. 1990/1530.