The Welfare Reform and Pensions Act 1999 (Commencement No.10, and Transitional Provisions) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order brings into force further provisions of the Welfare Reform and Pensions Act 1999 as follows.

The commencement of parts of section 3, which relates to stakeholder pension schemes, is brought forward to 6th April 2001 (from 8th October 2001). The requirement that an employer consult prior to designating a scheme under section 3(2) is brought forward to allow valid designation of a scheme by an employer prior to 8th October 2001 for the purposes of his duty under section 3(2). The commencement of related provisions is also brought forward to 6th April 2001. (articles 2, 5 and 6)

The Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 (“the no. 9 Order”) is amended to clarify a transitional provision in relation to incapacity benefit. The amendment will take effect prior to the date (6th April 2001) in relation to which the transitional provision will operate. (article 3)

Two consequential provisions are commenced, an income support provision (article 4(a)) and a pensions provision (article 4(b)). The income support provision is commenced from the same date, 19th March 2001, as the provisions on which it is consequential (section 59 and Schedule 7 (joint claims for jobseeker’s allowance) commenced so far as not already in force by the no. 9 Order). The provision on which the pensions provision is consequential (Schedule 11, paragraph 23) is already in force.

The impact on business of the commencement of provisions in the Welfare Reform and Pensions Act 1999 is detailed in the Regulatory Impact Assessment relating to the Welfare Reform and Pensions Bill (which was introduced in the House of Commons on 10th February 1999). A copy of that Assessment has been placed in the libraries of both Houses of Parliament. A copy of it can also be obtained from the Department of Social Security, Regulatory Impact Unit, 3rd Floor, the Adelphi, 1–11 John Adam Street, London WC2N 6HT.