The Pension Schemes Act 2021 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2021

PART 2 Appointed day

Commencement of provisions

2.—(1) The following provisions of the Act come into force on the day appointed by this regulation.

(2) The day appointed for the coming into force of section 127(2) of the Act (administration charges) for the purpose of making regulations only is 31st August 2021, and for all other purposes is immediately before 1st October 2021.

(3) The day appointed for the coming into force of the following provisions of the Act is 1st October 2021—

(a) section 104 (reasonableness of issuing a contribution notice) except—

(i) section 104(1) so far as it relates to section 104(2); and

(ii) section 104(2);

(b) section 105 (determination of sum specified in a contribution notice);

(c) section 106 (sanctions for failure to comply with a contribution notice);

(d) section 107 (sanctions for avoidance of employer debt etc);

(e) section 108 (duty to notify the Regulator of certain events);

(f) section 111 (inspection of premises) except—

(i) section 111(2)(a) so far as it inserts paragraph (dc) into section 73(2) of the 2004 Act(1);

(ii) section 111(2)(b); and

(iii) section 111(1) so far as it relates to the amendments excepted by sub-paragraphs (i) and (ii);

(g) section 113 (provision of false or misleading information to Regulator) except for the following provisions of the inserted section 80A of the 2004 Act(2) (financial penalty for providing false or misleading information to Regulator)—

(i) paragraph (2)(a)(iv); and

(ii) paragraph (2)(c)(vi);

(h) section 114 (provision of false or misleading information to trustees or managers);

(i) section 115 (financial penalties); and

(j) section 127(3) and (4).

(4) The day appointed for the coming into force of the following provisions in Schedule 7 to the Act (the Pensions Regulator: minor and consequential amendments) is 1st October 2021—

(a) paragraph 1;

(b) paragraph 2 except so far as it relates to the following provisions of Schedule 7—

(i) the reference in the amendment made by paragraph 7(3) to Part 1 of the Pension Schemes Act 2021;

(ii) paragraph 8(a); and

(iii) paragraph 12(2);

(c) paragraphs 3 to 6;

(d) paragraph 7 except for the reference in the amendment made by paragraph 7(3) to Part 1 of the Pension Schemes Act 2021;

(e) paragraph 8 except for paragraph 8(a);

(f) paragraphs 9 to 11; and

(g) paragraph 12 except for paragraph 12(2).

(5) The day appointed for the coming into force of the following provisions of the Act for all remaining purposes is 1st October 2021—

(a) section 103 (grounds for issuing a section 38 contribution notice);

(b) section 110 (interviews); and

(c) section 112 (fixed penalty notices and escalating penalty notices).

(1)

Section 73 of the Pensions Act 2004 (c. 35) is amended by section 111 of the Pension Schemes Act 2021 (c. 1). There are other amendments made by other legislation but none is relevant.

(2)

Section 80A of the Pensions Act 2004 is inserted by section 113 of the Pension Schemes Act 2021.