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The Stakeholder Pension Schemes (Amendment) (No.2) Regulations 2001

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Amendment of regulation 13E+W+S

9.—(1) Regulation 13 (expenses, commission etc.—principles) shall be amended as follows.

(2) After paragraph (2) insert—

(2A) Nothing in paragraph (1) shall be taken to prevent that which is permitted by or under any of the provisions mentioned in paragraph (4)..

(3) After paragraph (3) insert—

(4) The provisions referred to in paragraph (2A) are—

(a)section 32 of the 1993 Act and regulation 9 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 M1 (protected rights: suspension and forfeiture);

(b)section 159 of the 1993 Act M2 (inalienability of guaranteed minimum pension and protected rights payments);

(c)sections 91 to 94 of the 1995 Act and regulations under those sections M3 (inalienability and forfeiture of occupational pensions); and

(d)in the case of a pension scheme established under a trust which—

(i)is not an occupational pension scheme; but

(ii)is or has been registered under section 2;

sections 91, 92 and 94 of the 1995 Act and the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997 M4 (inalienability and forfeiture of occupational pensions) as those sections and Regulations have effect by virtue of section 6(3) of, and Schedule 1 to, the Act and of regulation 32..

Marginal Citations

M1S.I. 1996/1537, to which there are amendments not relevant to these Regulations.

M2Section 159 was amended by section 122 of, and paragraph 41 of Schedule 3 to, the Pensions Act 1995 (c.26) which inserted subsections (4A) and (4B).

M3 See the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997, S.I. 1997/785, amended by S.I. 1999/1849. Sections 91 to 93 were amended by section 84(1) of, and paragraphs 57 to 59 of Schedule 12 to, the Welfare Reform and Pensions Act 1999 (c.30). Section 94 was amended by section 18 of, and paragraph 17 of Schedule 2 to, that Act.

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