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The Pension Schemes (Categories) Regulations 2005

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Statutory Instruments

2005 No. 2401

PENSIONS

The Pension Schemes (Categories) Regulations 2005

Made

25th August 2005

Laid before Parliament

1st September 2005

Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 1(1), 181(1) and 182(2) and (3) of the Pension Schemes Act 1993(1), and sections 8(1) and (2) and 83(4), (5) and (6)(a) of the Welfare Reform and Pensions Act 1999(2) and of all other powers enabling him in that behalf, by this instrument, which is consequential upon section 239 of the Pensions Act 2004(3) and is made before the end of the period of six months beginning with the coming into force of that section of that Act(4), makes the following Regulations:

(1)

1993 c. 48; section 1 is amended by section 239 of the Pensions Act 2004 (c. 35); section 181(1) is cited because of the meaning there given to “prescribe” and “regulations”.

(2)

1999 c. 30; section 8(1) is amended by section 7(2)(c) of the Pensions Act 2004 and is cited because of the meaning there given to “prescribed”; section 8(2) is amended by section 319(1) of, and paragraph 74 of Schedule 12 to, the Pensions Act 2004.

(4)

See section 185(1) of the Pension Schemes Act 1993 which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations for the purposes of Part 1 (among others) of that Act. By virtue of section 185(2)(e) this duty does not apply to regulations which state that they are consequential upon a specified enactment and are made before the end of the period of six months beginning with the coming into force of that enactment. Section 185(1) is amended by sections 122, 151 and 177 of, and paragraph 46 of Schedule 3, paragraph 80(a) of Schedule 5 and Part 1 of Schedule 7 to, the Pensions Act 1995 (c. 26). Paragraph (e) of section 185(2) was inserted by section 151 of, and paragraph 80(b) of Schedule 5 to, the Pensions Act 1995.

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