2002 No. 153 (C. 3)

PENSIONS

The Welfare Reform and Pensions Act 1999 (Commencement No. 13) Order 2002

Made

The Secretary of State for Work and Pensions, in exercise of powers conferred by section 89(1) of the Welfare Reform and Pensions Act 19991, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation1

1

This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No. 13) Order 2002.

2

In this Order, references to sections and Schedules are references to sections of, and Schedules to, the Welfare Reform and Pensions Act 1999.

Appointed day2

6th April 2002 is the day appointed for the coming into force of—

a

section 11(4) to (10) (effect of bankruptcy on pension rights: approved arrangements) so far as not already in force;

b

section 12 (effect of bankruptcy on pension rights: unapproved arrangements) so far as not already in force;

c

section 13 (sections 11 and 12: application to Scotland) so far as not already in force;

d

section 14 (no forfeiture on bankruptcy of rights under pension schemes);

e

section 15 (excessive pension contributions made by persons who have become bankrupt) so far as not already in force;

f

section 16 (excessive pension contributions made by persons who have become bankrupt: Scotland) so far as not already in force;

g

section 18 (miscellaneous amendments), so far as relating to paragraph 6 of Schedule 2;

F1h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

i

section 88 (repeals), so far as relating to the repeals in Schedule 13 referred to in paragraph (l) below;

j

paragraph 6 of Schedule 2 (effect of certain orders on guaranteed minimum pensions);

F2k

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

l

Part I of Schedule 13 (pensions: miscellaneous) in respect of the following—

i

the repeal of section 159(5) of the Pension Schemes Act 1993 (inalienability of guaranteed minimum pension and protected rights payments on bankruptcy),

ii

the repeal of section 91(3) of the Pensions Act 1995 (inalienability of occupational pension on bankruptcy),

iii

the repeals in sections 92(2) and 94(3) of that Act (forfeiture of occupational pension rights by reference to bankruptcy and application of sections 91 and 92 of that Act to Scotland), and

iv

the repeal of section 95 of that Act (pension rights of individuals adjudged bankrupt etc.).

Amendment of earlier Order3

In the Welfare Reform and Pensions Act 1999 (Commencement No. 12) Order 2001 6 article 2(2) (appointed day for coming into force of paragraph 14 of Schedule 2 (occupational pension schemes: certificates relating to minimum funding requirement) and of section 18, section 88 and Part I of Schedule 13 so far as relating to that paragraph) shall be omitted.

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

Ian McCartneyMinister of State,Department for Work and Pensions

(This note is not part of the Order)

This Order brings into force further provisions of the Welfare Reform and Pensions Act 1999 (“the Act”). It also makes an amendment to a previous commencement order.

Article 1 deals with citation and interpretation.

Article 2 brings fully into force on 6th April 2002 sections 11 to 16 of the Act, which concern the effect of bankruptcy on an individual’s pension rights, and related consequential amendments and repeals in Schedules 2, 12 and 13 to that Act.

Article 3 amends the Welfare Reform and Pensions Act 1999 (Commencement No. 12) Order 2001 so as to revoke the day appointed for the coming into force of paragraph 14 of Schedule 2, which relates to the minimum funding requirement for occupational pension schemes, and section 18, section 88 and Part I of Schedule 13 so far as relating to paragraph 14 of Schedule 2.

This Order has only a negligible cost for business; a Regulatory Impact Assessment is therefore not necessary.

(This note is not part of the Order)

The following provisions have been brought into force by:—

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 1) Order 1999 (S.I.1999/3309 (C.88)),

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 2) Order 1999 (S.I.1999/3420 (C.92)),

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 3) Order 2000 (S.I.2000/629 (C.13)),

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 4) Order 2000 (S.I.2000/1047 (C.29)7),

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 5) Order 2000 (S.I.2000/1116 (C.35)),

  • the Welfare Reform and Pensions Act 1999 (Scotland) (Commencement No. 6) Order 2000 (S.S.I.2000/111 (C.36)),

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 7) Order 2000 (S.I.2000/1382 (C.41)),

  • the Welfare Reform and Pensions Act 1999 (Scotland) (Commencement No. 8) Order 2000 (S.S.I.2000/238 (C.7)),

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 (S.I.2000/2958 (C.89)8),

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 10, and Transitional Provisions) Order 2001 (S.I.2001/933 (C.34)),

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 11) Order 2001 (S.I.2001/1219 (C.44)), and

  • the Welfare Reform and Pensions Act 1999 (Commencement No. 12) Order 2001 (S.I.2001/4049 (C.130)).

    Provision

    Date of Commencement

    S.I.No.

    Section 1

    1st October 2000

    2000/1047

    Section 2

    1st October 2000

    2000/1047

    Section 3

    6th April 2001 and 8th October 2001

    2001/933

    Sections 4 and 5

    8th October 2001

    2000/1047

    Section 6(1), (2) and (4)

    8th October 2001

    2000/1047

    Schedule 1, except paragraph 1(3), and section 6(3) except so far as it relates to that paragraph 1(3)

    1st October 2000

    2000/1047

    Schedule 1, paragraph 1(3), and section 6(3) so far as it relates to that paragraph 1(3)

    8th October 2001

    2000/1047

    Section 7

    1st October 2000

    2000/1047

    Section 8, except the definition of “designated scheme”

    1st October 2000

    2000/1047

    Section 8(1) so far as it relates to the definition of “designated scheme”

    8th October 2001

    2000/1047

    Section 9

    6th April 2001

    2000/2958

    Section 10

    3rd April 2000

    2000/629

    Section 11(1), (2), (3) and (11)

    29th May 2000

    2000/1382

    Section 11(12)

    1st December 2000

    2000/1382

    9*Section 13(1) and (2)

    29th May 2000

    2000/1382

    Section 17

    23rd April 2001

    2001/1219

    *Schedule 2 in the following respects, and section 18 so far as it relates to them:—

    paragraphs 1 and 2

    29th May 2000

    2000/1382

    paragraphs 3 and 4

    25th April 2000

    2000/1047

    paragraph 5

    1st January 2002

    2001/4049

    paragraph 7

    6th April 2002

    2001/4049

    paragraphs 8 to 13

    25th April 2000

    2000/1047

    paragraph 14

    1st February 2002

    2001/4049

    paragraphs 15 to 19

    25th April 2000

    2000/1047

    Sections 19, 21 and 22 and Schedules 3 and 4

    1st December 2000

    2000/1116

    Section 20

    1st December 2000

    2000/1047

    Sections 23 and 24

    1st December 2000

    2000/1047

    Sections 26 to 51 and

    1st December 2000

    2000/1047

    Schedules 5 and 6

    Section 53

    12th January 2000 and 2nd April 2000

    1999/3309

    Sections 54 to 56

    24th April 2000 and 9th April 2001

    2000/1047

    Section 59 and Schedule 7

    19th March 2001

    2000/2958

    Section 61

    3rd April 2000

    1999/3309

    Sections 62 to 65

    3rd November 2000 and 6th April 2001

    2000/2958

    Section 66

    12th January 2000

    1999/3309

    Section 67(1) and (2)

    12th January 2000

    1999/3309

    Section 67(3) and (4)

    9th April 2001

    2000/1382

    Section 69

    17th April 2000 and 15th May 2000

    2000/1047

    *Schedule 8 in the following respects, and section 70 so far as it relates to them:—

    paragraphs 1 to 19

    24th April 2000 and 9th April 2001

    2000/1047

    paragraph 20

    3rd November 2000

    2000/2958

    paragraphs 21 and 22

    3rd November 2000 and 6th April 2001

    2000/2958

    paragraph 23(1), (2) and (4)

    13th December 1999

    1999/3309

    paragraph 23(3)

    3rd April 2000

    1999/3309

    paragraph 24

    3rd April 2000

    1999/3309

    paragraph 25

    3rd November 2000

    2000/2958

    paragraph 26

    3rd November 2000 and 6th April 2001

    2000/2958

    paragraph 27

    6th April 2001

    2000/2958

    paragraph 28

    19th March 2001

    2001/933

    paragraphs 30 to 32

    12th January 2000 and 2nd April 2000

    1999/3309

    paragraph 33

    1st December 2000

    2000/1047

    Section 73 and Schedule 9

    22nd December 1999 and 6th April 2000

    1999/3420

    Section 74 and Schedule 10

    22nd December 1999 and 6th April 2000

    1999/3420

    Sections 75 and 76

    22nd December 1999

    1999/3420

    Sections 77 and 78

    6th April 2000

    1999/3420

    *Schedule 12 in the following respects, and section 84(1) so far as it relates to them:—

    paragraphs 1 to 4

    1st December 2000

    2000/1116

    paragraphs 5 to 7 and 8(1), (2), (5) and (6)

    1st December 2000

    2000/1047

    paragraph 8(3) and (4)

    15th April 2000

    S.S.I.2000/111

    paragraphs 9, 10, 11, 12 and 14 to 63

    1st December 2000

    2000/1047, S.S.I.2000/238

    paragraphs 64 to 66

    1st December 2000

    2000/1116

    paragraph 73

    25th April 2000

    2000/1047

    paragraph 74

    6th April 2000

    1999/3420

    paragraph 75

    25th April 2000

    2000/1047

    paragraphs 76 to 78

    6th April 2000

    1999/3420

    paragraphs 84 to 86

    6th April 2000

    1999/3420

    Section 85(3) and (4)

    1st December 2000

    2000/1116

    Section 85(5)

    1st December 2000

    2000/1047

    Schedule 13 in the following respects, and section 88 so far as it relates to them:—

    *Part I

    25th April 2000

    2000/1047

    19th March 2001

    2001/933

    23rd April 2001

    2001/1219

    1st January 2002,

    2001/4049

    1st February 2002 and 6th April 2002

    Part II

    1st December 2000

    2000/1047

    2000/1116

    6th April 2002

    2001/4049

    Part III

    1st December 2000

    2000/1047

    Part IV

    3rd November 2000 and 6th April 2001

    2000/2958

    Part V

    2nd April 2000

    1999/3309

    24th April 2000 and 9th April 2001

    2000/1047

    6th April 2002

    2001/4049

    Parts VI and VII

    6th April 2000

    1999/3420