The Occupational Pension Schemes (Consultation by Employers) (Modification for Multi-employer Schemes) Regulations 2006

Statutory Instruments

2006 No. 16

PENSIONS

The Occupational Pension Schemes (Consultation by Employers) (Modification for Multi-employer Schemes) Regulations 2006

Made

9th January 2006

Laid before Parliament

12th January 2006

Coming into force

2nd February 2006

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 307(1), 315(2), (3) and (5) and 318(1) of the Pensions Act 2004(1).

In accordance with section 317(1) of that Act, he has consulted with such persons as he considers appropriate.

Citation and commencement

1.—(1) These Regulations may be cited as the Occupational Pension Schemes (Consultation by Employers) (Modification for Multi-employer Schemes) Regulations 2006.

(2) These Regulations shall come into force on 2nd February 2006.

Modification of powers under sections 259 and 261 of Pensions Act 2004

2.—(1) In their application to multi-employer schemes, sections 259 and 261 of the Pensions Act 2004 (consultation by employers) are modified as follows.

(2) Any reference in those sections to the trustees or managers of an occupational pension scheme is to be treated as if it included a reference to any other person who under the rules of a multi-employer scheme has power to make a decision in relation to the scheme.

(3) “Multi-employer scheme” has the meaning given by section 307 of the Pensions Act 2004 (modification of Act in relation to certain categories of scheme).

Signed by authority of the Secretary of State for Work and Pensions.

Stephen C. Timms

Minister of State,

Department for Work and Pensions

9th January 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations modify sections 259 and 261 of the Pensions Act 2004 (c. 35) in their application to occupational pension schemes in relation to which there is more than one employer. Sections 259 and 261 already enable regulations to be made which apply to any person who is the trustee or manager of an occupational pension scheme. The modifications made by these Regulations enable regulations made under those sections to extend to any other person who has power to make decisions in relation to a multi-employer scheme.

A Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on the costs of business, charities or voluntary bodies.

(1)

2004 c. 35. Section 318(1) is cited because of the meaning there given to “modifications” and “regulations”.