The Child Support, Pensions and Social Security Act 2000 (Commencement No. 4) Order 2000

Statutory Instruments

2000 No. 3166 (C. 101)

PENSIONS

SOCIAL SECURITY

The Child Support, Pensions and Social Security Act 2000 (Commencement No. 4) Order 2000

Made

30th November 2000

The Secretary of State for Social Security, in exercise of the powers conferred on him by section 86(2) and (3)(a) of the Child Support, Pensions and Social Security Act 2000(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No. 4) Order 2000.

(2) In this Order, unless the context otherwise requires, any reference to a numbered section or Schedule is a reference to the section or, as the case may be, the Schedule bearing that number in the Child Support, Pensions and Social Security Act 2000.

Appointed days

2.—(1) The day appointed for the coming into force of section 42 (disclosure of state pension information) is—

(a) for the purposes of authorising the making of regulations, 1st December 2000; and

(b) for all other purposes, 1st January 2001.

(2) 1st December 2000 is the day appointed for the coming into force of the following provisions:—

(a) section 37 (revaluation of earnings factors);

(b) section 51 (restriction on index-linking where annuity tied to investments);

(c) section 53 (jurisdiction of the Pensions Ombudsman);

(d) section 73 (Social Security Advisory Committee) for the purposes of inserting a new paragraph (af) into each of the definitions of “relevant enactments” and “relevant Northern Ireland enactments” in section 170(5) of the Social Security Administration Act 1992(2) so far as each new paragraph (af) refers to section 42; and

(e) in Schedule 9, section (3) of Part III (repeals of provisions concerned with the Pensions Ombudsman), except in so far as it relates to the Pensions Act 1995(3).

(3) 1st January 2001 is the day appointed for the coming into force of the following provisions:—

(a) section 52 (information for members of pension schemes etc.) except in so far as it inserts a new subsection (3B) in section 113 of the Pension Schemes Act 1993(4);

(b) in Part I of Schedule 5 (miscellaneous amendments relating to pensions)—

(i) paragraph 1 (guaranteed minimum for widows and widowers),

(ii) paragraph 2 (transfer of rights to overseas personal pension schemes),

(iii) paragraph 3 (protected rights),

(iv) paragraph 7 (use of cash equivalent for annuity),

(v) paragraph 8(2) (transfer values where pension in payment),

(vi) paragraph 9 (information about contracting-out), and

(vii) paragraph 12(1) (provision of documents and information by persons other than auditors or actuaries),

and section 56 so far as it relates to those paragraphs; and

(c) in Schedule 9, sections (4) to (9) of Part III (repeals of certain provisions relating to occupational and personal pensions).

(4) The day appointed for the coming into force of section 40 (home responsibilities protection) is 8th January 2001.

(5) The day appointed for the coming into force of Part II of Schedule 5 (alternative to anti-franking rules), and section 56 so far as it relates to that Part—

(a) for the purposes of authorising the making of regulations and the making of orders, is 12th February 2001; and

(b) for all other purposes, is 1st June 2001.

Amendment of earlier Order

3.  In article 6 of the Child Support, Pensions and Social Security Act 2000 (Commencement No. 2) Order 2000(5) for the word “orders” there shall be substituted the words “an order appointing the first or second appointed year”(6).

Signed by authority of the Secretary of State for Social Security.

Jeff Rooker

Minister of State,

Department of Social Security

30th November 2000

Explanatory Note

(This note is not part of the Order)

This Order brings into force further provisions of the Child Support, Pensions and Social Security Act 2000, as follows:

Section 42 (which provides for the disclosure of certain information about a person’s state retirement pension) is brought into force on 1st December 2000 for purposes of authorising the making of regulations, and on 1st January 2001 for other purposes (article 2(1)).

Sections 37, 51 and 53 (which make provision in connection with, respectively, the revaluation of earnings factors, the indexation of investment-linked annuities, and the jurisdiction of the Pensions Ombudsman) are brought into force on 1st December 2000, together with section 73 in so far as it provides for the reference to the Social Security Advisory Committee of proposals to make regulations under section 42. Certain repeals made by Schedule 9 which are associated with the commencement of section 53 are also brought into force on 1st December 2000 (article 2(2)).

Subsection (1), and part of subsection (2), of section 52 (which provides for members of pension schemes to be supplied with certain additional information) and miscellaneous amendments in Part I of Schedule 5 relating to occupational and personal pension schemes are brought into force on 1st January 2001, together with associated repeals in Schedule 9 (article 2(3)). (The relevant paragraphs of Schedule 5, and the nature of the miscellaneous amendments made by them, are set out in sub-paragraph (b) of article 2(3).)

Section 40 (which provides for regulations in connection with the treatment of persons as being precluded from regular employment by responsibilities at home) is brought into force on 8th January 2001 (article 2(4)). Part II of Schedule 5 (which provides for an alternative to the anti-franking rules for occupational pension schemes) is brought into force on 12th February 2001 for the purpose of making regulations and orders, and 1st June 2001 for all other purposes (article 2(5)).

Article 3 amends an earlier order as it relates to the purposes for which sections 30-35 (state second pension) are brought into force on 8th January 2001.

The impact on business of the commencement of provisions in the Child Support, Pensions and Social Security Act 2000 is detailed in the Regulatory Impact Assessment (as revised) relating to the Child Support, Pensions and Social Security Bill (which was introduced in the House of Commons on 1st December 1999). A copy of that assessment has been placed in the libraries of both Houses of Parliament and can be obtained from the Department of Social Security, Regulatory Impact Unit, 3rd Floor, The Adelphi, 1-11 John Adam Street, London WC2N 6HT.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions have been brought into force by the Child Support, Pensions and Social Security Act 2000 (Commencement No. 1) Order 2000 (S. I.2000/2666 (C.74)), the Child Support, Pensions and Social Security Act 2000 (Commencement No. 2) Order 2000 (S.I.2000/2950 (C.87)) and the Child Support, Pensions and Social Security Act 2000 (Commencement No. 3) Order 2000 (S.I.2000/2994 (C.94)).

Provision	Date of Commencement	S.I. No.
*(7)section 1 (3)	10th November 2000	2000/2994
*sections 3-5	10th November 2000	2000/2994
*section 6	10th November 2000	2000/2994
*section 7	10th November 2000	2000/2994
	1st January 2001
*sections 9 & 10	10th November 2000	2000/2994
*sections 16-21	10th November 2000	2000/2994
section 22(3)	10th November 2000	2000/2994
*section 26	10th November 2000	2000/2994
	1st January 2001	2000/2994
section 27	10th November 2000	2000/2994
	1st January 2001	2000/2994
*sections 30-35	8th January 2001	2000/2950
section 36	1st November 2000	2000/2950
section 41	29th September 2000	2000/2666
*section 56	1st November 2000	2000/2950
sections 57 & 58	15th November 2000	2000/2994
	9th April 2001
section 59	1st January 2001	2000/2994
section 60	9th April 2001	2000/2994
section 61	1st January 2001	2000/2994
*sections 62-65	1st December 2000	2000/2950
*section 67	1st November 2000	2000/2950
*section 68	1st November 2000	2000/2950
*section 69	1st November 2000	2000/2950
*section 71	1st November 2000	2000/2950
section 72	9th October 2000	2000/2666
*section 73	1st November 2000	2000/2950
	1st December 2000	2000/2950
*Schedule 1	10th November 2000	2000/2994
*Schedule 2	10th November 2000	2000/2994
Schedule 3—
paragraph 11(17)	1st January 2001	2000/2994
*paragraph 11(18)	10th November 2000	2000/2994
*Schedule 4	8th January 2001	2000/2950
Schedule 5—
paragraph 10	1st November 2000	2000/2950
Schedule 6—
*paragraph 1	1st November 2000	2000/2950
paragraph 7	1st November 2000	2000/2950
*paragraph 8	1st November 2000	2000/2950
Schedule 7—
*paragraphs 1, 3,4, 6, 8-10, 12-16,19, 20, 21, and 23	1st November 2000	2000/2950
Schedule 9—
Part IV	9th April 2001	2000/2994

(1)

2000 c. 19.

(2)

1992 c. 5; those definitions have been amended by paragraph 51 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18), paragraph 67 of Schedule 2 to the Jobseekers Act 1995 (c. 18), paragraph 20 of Schedule 3 to the Child Support Act 1995 (c. 34), paragraph 8 of Schedule 3 to the Social Security (Recovery of Benefits) Act 1997 (c. 27), paragraph 104 of Schedule 7 to the Social Security Act 1998 (c. 14) and paragraph 81 of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c. 30).

(3)

1995 c. 26.

(4)

1993 c. 48.

(5)

S.I. 2000/2950 (C. 87).

(6)

See section 35(14), which inserts definitions of “first appointed year” and “second appointed year” in section 122(1) of the Social Security Contributions and Benefits Act 1992 (c. 4).

(7)

In this note an asterisk indicates that the provision or provisions in the entry to which it relates has or have been commenced in part only.