The Occupational Pension Schemes (Republic of Ireland Schemes Exemption (Revocation) and Tax Exempt Schemes (Miscellaneous Amendments)) Regulations 2006

Statutory Instruments

2006 No. 467

PENSIONS

The Occupational Pension Schemes (Republic of Ireland Schemes Exemption (Revocation) and Tax Exempt Schemes (Miscellaneous Amendments)) Regulations 2006

Made

23rd February 2006

Laid before Parliament

27th February 2006

Coming into force in accordance with regulation 1(1) to (3)

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 113, 168(1) and (4), 175, 181(1) and (4), and 182(2) and (4) of the Pension Schemes Act 1993(1), sections 10(3), 27, 37(10), 38(3)(b), 40(1) and (2), 41(1) and (6), 47(5), 49(2) and (3), 50(7), 68(2)(e) and (6), 69(6), 73(2)(b), 75(1)(b), (5), (6D)(b)(i) and (10), 75A(1) to (4), 76(8), 87(1), 89(2), 118(1) and (2), 119, 124(1), 125(3) and 174(2) and (3) of the Pensions Act 1995(2) and sections 38(1)(b), 52(1)(b) and (7)(a), 59(2), 288, 289(1), 315(2), (4) and (5) and 318(1) of the Pensions Act 2004(3).

This instrument contains only regulations which are consequential on article 3(2) of the Pensions Act 2004 (Commencement No. 8) Order 2005(4) and the Occupational Pension Schemes (Cross-border Activities) Regulations 2005(5) and is made before the end of the period of six months beginning with the coming into force of those enactments(6).

(1)

1993 c. 48. Section 113(1)(ca) was substituted by section 52(1) of the Child Support, Pensions and Social Security Act 2000 (c. 19) (“the 2000 Act”). Section 113(2)(b) was amended by S.I. 2005/2053. Section 113(3A) was inserted by section 52(2) of the 2000 Act. Section 113(4) was amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8). Section 168 was substituted by section 155(1) of the Pensions Act 1995 (c. 26) (“the 1995 Act”). Section 175 was substituted by section 165 of the 1995 Act. Section 175(1)(a), (b) in part, and (4) to (7) are repealed by Schedule 13 to the Pensions Act 2004 (c. 35) (“the 2004 Act”). Section 175(1)(c) and (3)(a)(i) and (ii) were substituted by Schedule 1 to the 2004 Act. Section 175(8) was substituted, and section 175(9) is amended, by Schedule 12 to the 2004 Act. Section 181(1), to which there are amendments not relevant to these Regulations, is cited because of the meaning there given to “prescribed” and “regulations”. Section 181(4) was repealed in part by Schedule 13 to the 2004 Act.

(2)

1995 c. 26. Section 41(6) was amended by section 1 of the Employment Rights (Dispute Resolution) Act 1998. Section 73 was substituted by sections 73, 73A and 73B by section 270 of the 2004 Act. Section 75(1) to (4) and (4A) to (4C) were substituted for section 75(1) to (4), (5) and (6) were amended and (6A) to (6D) were inserted by section 271 of the 2004 Act. Section 75(9) was repealed by Schedule 13 to the 2004 Act. Section 75A was inserted by section 272 of the 2004 Act. Section 89(2) was repealed in part by Schedule 13 to the 2004 Act. Section 118(2) was amended by section 47 of the 2000 Act, and was further amended by Schedule 12 to the 2004 Act. Section 119 was amended by Schedule 12 and repealed in part by Schedule 13 to the 2004 Act. Section 124(1), to which there are amendments not relevant to these Regulations, is cited because of the meaning there given to “prescribed” and “regulations”.

(3)

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

(4)

S.I. 2005/3331.

(5)

S.I. 2005/3381.

(6)

See section 185 of the Pension Schemes Act 1993, section 120 of the Pensions Act 1995 and section 317 of the Pensions Act 2004 which provide that the Secretary of State must consult such persons as he considers appropriate before he makes any regulations by virtue of those Acts. By virtue of section 185(2)(e) of the Pension Schemes Act 1993, section 120(2)(d) of the Pensions Act 1995 and section 317(2)(d) of the Pensions Act 2004 this duty does not apply to regulations contained in a statutory instrument which (i) states that it contains (and in the case of s.317(2)(d) states that it contains only) regulations which are consequential upon a specified enactment, and (ii) is made before the end of the period of six months beginning with the coming into force of that enactment.