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The Pensions Act 2004 (Commencement No. 2, Transitional Provisions and Consequential Amendments) Order 2005

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PART 3PROVISIONS OF THE ACT COMING INTO FORCE ON 10TH FEBRUARY 2005 FOR THE PURPOSE ONLY OF CONFERRING POWER TO MAKE REGULATIONS, ORDERS OR RULES, AS THE CASE MAY BE, AND ON 6TH APRIL 2005 FOR ALL OTHER PURPOSES

Provisions of the ActSubject matter
section 10(5)(a)functions exercisable by the determination panel
section 19(7)pension liberation: court’s power to order restitution
section 21(4)pension liberation: repatriation orders
section 23(10), paragraph (b)(i) of the definition of “the actuary”freezing orders
section 24(7)(a)consequences of freezing order
section 30(7)(c)power to give a direction where freezing order ceases to have effect
section 36(2) and (3)independent trustees
section 38(1)(b)contribution notices where avoidance of employer debt
section 43(1)(b), (3)(c) and (9)financial support directions
section 44(3)(a) and (4)meaning of “service company” and “insufficiently resourced”
section 45(2)(b)meaning of “financial support”
section 52(1)(b) and (7)(a)restoration orders where transactions at an undervalue
section 57(1) to (4)sections 39 to 56: partnerships and limited liability partnerships
section 60(2)(h) and (3)registrable information
section 61(1) to (3)the register: inspection, provision of information and reports etc
section 69(2), (3)(a)(ii) and (b)(ii) and (5)duty to notify the Regulator of certain events
section 93(2)(q)The Regulator’s procedure in relation to its regulatory functions
section 97(5)(u)special procedure: applicable cases
section 102(3)the Pensions Regulator Tribunal
section 103(1)(c)references to the Tribunal
section 104(6)appeal on a point of law
section 106 (1) to (4)legal assistance scheme
section 114(1)(b), (3) and (4)statement of investment principles relating to the Board of the Pension Protection Fund
section 120(3) and (4)duty to notify insolvency events in respect of employers
section 121(5)insolvency event, insolvency date and insolvency practitioner
section 122(3), (5) and (8)insolvency practitioner’s duty to issue notices confirming status of scheme
section 123(5)approval of notices issued under section 122
section 125(4)(a)binding notices confirming status of scheme
section 126(3)eligible schemes
section 129(1)(b), (3) and (8)applications and notifications for the purposes of section 128
section 130(5) and (8)Board’s duty where application or notification received under section 129
section 133(3)admission of new members, payment of contributions, etc.
section 134(3) in so far as it relates to paragraph (iii) of the definition of “relevant person” in paragraph (a)directions
section 135(4)restrictions on winding up, discharge of liabilities, etc.
section 138(10)(b) and (12)payment of scheme benefits
section 139(6)loans to pay scheme benefits
section 140(3)(b) and (6)reviewable ill health pensions
section 141(2) and (6)effect of a review
section 143(3) to (5) and (11) in so far as it relates to paragraphs (i) and (ii)(a) of the definition of “actuarial valuation” in paragraph (a)Board’s obligation to obtain valuation of assets and protected liabilities
section 145(4)binding valuations
section 146(1) and (5)schemes which become eligible schemes
section 147(1)(a) and (5)new schemes created to replace existing schemes
section 148(8)withdrawal following issue of section 122(4) notice
section 150(5) and (6)(a) to (c)consequences of the Board ceasing to be involved with a scheme
section 151(4), (6), (8) in so far as it relates to paragraph (b) of the definition of “audited scheme accounts” and (9)(b)application for reconsideration
section 152(4) and (8)duty to assume responsibility following reconsideration
section 167(1)modification of chapter where liabilities discharged during assessment period
section 179(1)(a), (2) in so far as it relates to paragraph (b)(i) of the definition of “the actuary” and (3)valuations to determine scheme underfunding
section 190information to be provided to the Board etc
section 203(1)provision of information to members of schemes etc
section 206(2) to (4)meaning of “reviewable matters”
section 207review and reconsideration by the Board of reviewable matters
section 208(1) and (3) to (6)investigation by the Board of complaints of maladministration
section 209(4)(a) to (d), (f) and (g)PPF Ombudsman
section 210(6)deputy PPF Ombudsman
section 258(2)(c)(ii) and (7) in so far as it relates to the definition of “relevant contributions”form of pension protection on transfer of employment
section 270winding up
section 271debt due from the employer when assets are insufficient
section 272(1) to (4)debt due from employer in the case of multi-employer schemes
section 307(1)(a) and (c)modification of the Act in relation to certain categories of schemes
section 318(4)(a)general interpretation – meaning of “employer”
Schedule 4, paragraph 9 and section 102 in so far as it relates to that paragraphtribunal procedure
Schedule 7, paragraphs 4(4), 6(4), 9(4), 12(4)(a), 13(4), 16(3)(b), 17(4)(a), 18(4), 20(4), (7) and (8), 23, 24(1), (2) and (6), 25(1), 26(7) only so far as it relates to paragraph (a) of the definition of “the compensation cap”, (9) and (10), 28(6) and (7), 31(2) and (3), 33, and 37(4, and section 162 in so far as it relates to those paragraphspension compensation provisions

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