2005 No. 1108 (C. 46)

PENSIONS

The Pensions Act 2004 (Commencement No. 4 and Amendment) Order 2005
Made
5th April 2005
The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 91(9), 315(5) and 322(1) of the Pensions Act 2004 , 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 Pensions Act 2004 (Commencement No. 4 and Amendment) Order 2005.
2
In this Order “the Act” means the Pensions Act 2004.

Appointed days
2
1
The day appointed for the purposes of section 91(9) of
the Act
(procedure for the issue and publication of codes of practice) for the coming into effect of the Pensions Regulator Code of Practice
No.
1: Reporting breaches of the Law is 6th April 2005.
2
The day appointed for the coming into force of the provisions of the Act specified in the Schedule is 6th April 2005.

Amendment of the Pensions Act 2004 (Commencement No. 3, Transitional Provisions and Amendment) Order 2005
3
The Pensions Act 2004 (Commencement No. 3, Transitional Provisions and Amendment) Order 2005 shall be amended in accordance with the following paragraphs of this article—
a
after article 6 (savings), insert the following article—
6A
1
Notwithstanding the repeals of section 74 of the 1995 Act (discharge of liabilities by insurance, etc.) mentioned in Schedule 1, that section shall continue to have effect as it applied immediately before 6th April 2005 to any scheme which—
a
was regarded at that time by virtue of regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations 1996 (commencement of winding up) as having begun to be wound up for the purposes of those Regulations; or
b
in accordance with section 124(3A) to (3E) of the 1995 Act (interpretation: time at which the winding up of an occupational pension scheme shall be taken to begin) began to wind up before that date.
2
In paragraph (1), the reference to a scheme includes a reference to any section of a scheme to which section 74 of the 1995 Act applies as if it were a scheme by virtue of regulation 12 of those Regulations (winding up of sectionalised schemes etc.).
; and
b
in Schedule 3 (provisions referred to in article 6 which are to continue to have effect as if they were in force immediately before their amendment or repeal by the Act), after the entry in the table relating to section 103—
i
in column 1, insert “Section 124(1)”; and
ii
in column 2, insert “Interpretation of Part 1”.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th April 2005
SCHEDULE

PROVISIONS OF THE ACT COMING INTO FORCE ON 6TH APRIL 2005
Article 2(2)
Provisions of the Act | Subject Matter
section 164 | postponement of compensation entitlement for the assessment period
Schedule 12, paragraphs 9, 34, 44, 46(b), 59, 60, 67 and 71, and section 319(1) in so far as it relates to those paragraphs | consequential amendments
Schedule 13 in so far as it relates to specified repeals in relation to— the Social Security Contributions (Transfer of Functions, etc.) Act 1999, paragraphs 67 and 68 of Schedule 1; the Welfare Reform and Pensions Act 1999, paragraph 60 of Schedule 12; the Child Support, Pensions and Social Security Act 2000, section 47(1), (2) and (4) and paragraph 10 of Schedule 5; and section 320 in so far as it relates to those provisions | repeals
(This note is not part of the Order)
This Order appoints the day for the purposes of section 91(9) of the Pensions Act 2004 (c. 35) (“the Act”) for the coming into effect of the Pensions Regulator Code of Practice No. 1: Reporting breaches of the law as 6th April 2005. It also appoints the day for the coming into force of certain other miscellaneous provisions as 6th April 2005.
This Order also amends the Pensions Act 2004 (Commencement No. 3, Transitional Provisions and Amendment) Order 2005 (S.I. 2005/695 (C.29)) (“the No. 3 Order”) so as to make a transitional saving in respect of the repeals of section 74 of the Pensions Act 1995 (c. 26) made by Schedule 13 to the Act which were commenced by Schedule 1 to the No. 3 Order. This Order also, for the purposes of article 6 of the No. 3 Order, adds section 124(1) of the Pensions Act 1995 to the list of provisions specified in Schedule 3 to that Order which are to continue to have effect as they were in force immediately before their amendment or repeal by the Act.
(This note is not part of the Order)
The following provisions of the Pensions Act 2004 have been brought into force on the dates shown by commencement orders before the date of this Order. Some of these provisions will not be in force on the date that this Order is made
Provision | Date of Commencement | S.I. No.
section 1 | 17th December 2004 | 2004/3350
section 2 (partially) | 17th December 2004 | 2004/3350
section 2 (partially) | 6th April 2005 | 2005/275
section 3 (partially) | 17th December 2004 | 2004/3350
section 3 (partially) | 10th February 2005 | 2005/275
section 3 (partially) | 1st April 2005 | 2005/275
section 4 (partially) | 17th December 2004 | 2004/3350
section 4 (partially) | 6th April 2005 | 2005/275
section 5 (partially) | 17th December 2004 | 2004/3350
section 5 (partially) | 6th April 2005 | 2005/275
section 6 | 17th December 2004 | 2004/3350
section 7 | 6th April 2005 | 2005/275
section 8 (partially) | 17th December 2004 | 2004/3350
section 8 (for all other purposes) | 6th April 2005 | 2005/275
section 10 (partially) | 17th December 2004 | 2004/3350
section 10 (for all other purposes) | 6th April 2004 | 2005/695
section 12 (partially) | 17th December 2004 | 2004/3350
section 13 | 6th April 2005 | 2005/275
section 14 | 6th April 2005 | 2005/275
section 15 | 6th April 2005 | 2005/275
section 16 | 6th April 2005 | 2005/275
section 17 | 6th April 2005 | 2005/275
section 18 (partially) | 6th April 2005 | 2005/275
section 19 (partially) | 10th February 2005 | 2005/275
section 19 (for all other purposes) | 6th April 2005 | 2005/275
section 20 (partially) | 6th April 2005 | 2005/275
section 21 (partially) | 10th February 2005 | 2005/275
section 21 (for all other purposes) | 6th April 2005 | 2005/275
section 22 | 6th April 2005 | 2005/275
section 23 (partially) | 10th February 2005 | 2005/275
section 23 (for all other purposes) | 6th April 2005 | 2005/275
section 24 (partially) | 10th February 2005 | 2005/275
section 24 (for all other purposes) | 6th April 2005 | 2005/275
section 25 | 6th April 2005 | 2005/275
section 26 | 6th April 2005 | 2005/275
section 27 | 6th April 2005 | 2005/275
section 28 | 6th April 2005 | 2005/275
section 29 | 6th April 2005 | 2005/275
section 30 (partially) | 10th February 2005 | 2005/275
section 30 (for all other purposes) | 6th April 2005 | 2005/275
section 31 | 6th April 2005 | 2005/275
section 32 | 6th April 2005 | 2005/275
section 33 | 6th April 2005 | 2005/275
section 34 | 6th April 2005 | 2005/275
section 35 | 6th April 2005 | 2005/275
section 36 (partially) | 10th February 2005 | 2005/275
section 36 (for all other purposes) | 6th April 2005 | 2005/275
section 37 | 6th April 2005 | 2005/274
section 38 (partially) | 10th February 2005 | 2005/275
section 38 (partially) | 6th April 2005 | 2005/275
section 39 | 6th April 2005 | 2005/275
section 40 | 6th April 2005 | 2005/275
section 41 (partially) | 6th April 2005 | 2005/275
section 42 (partially) | 6th April 2005 | 2005/275
section 43 (partially) | 10th February 2005 | 2005/275
section 43 (partially) | 6th April 2005 | 2005/275
section 44 (partially) | 10th February 2005 | 2005/275
section 44 (for all other purposes) | 6th April 2005 | 2005/275
section 45 (partially) | 10th February 2005 | 2005/275
section 45 (for all other purposes) | 6th April 2005 | 2005/275
section 46 | 6th April 2005 | 2005/275
section 47 (partially) | 6th April 2005 | 2005/275
section 48 | 6th April 2005 | 2005/275
section 49 | 6th April 2005 | 2005/275
section 50 (partially) | 6th April 2005 | 2005/275
section 51 | 6th April 2005 | 2005/275
section 52 (partially) | 10th February 2005 | 2005/275
section 52 (for all other purposes) | 6th April 2005 | 2005/275
section 53 | 6th April 2005 | 2005/275
section 54 | 6th April 2005 | 2005/275
section 55 | 6th April 2005 | 2005/275
section 56 | 6th April 2005 | 2005/275
section 57 (partially) | 10th February 2005 | 2005/275
section 57 (for all other purposes) | 6th April 2005 | 2005/275
section 58 | 6th April 2005 | 2005/275
section 59 (partially) | 10th February 2005 | 2005/275
section 59 (partially) | 1st April 2005 | 2005/275
section 59 (for all other purposes) | 6th April 2005 | 2005/275
section 60 (partially) | 10th February 2005 | 2005/275
section 60 (for all other purposes) | 6th April 2005 | 2005/275
section 61 (partially) | 10th February 2005 | 2005/275
section 61 (for all other purposes) | 6th April 2005 | 2005/275
section 62 | 6th April 2005 | 2005/275
section 63 | 6th April 2005 | 2005/275
section 64 | 6th April 2005 | 2005/275
section 65 | 6th April 2005 | 2005/275
section 66 | 6th April 2005 | 2005/275
section 67 | 6th April 2005 | 2005/275
section 68 | 6th April 2005 | 2005/275
section 69 (partially) | 10th February 2005 | 2005/275
section 69 (for all other purposes) | 6th April 2005 | 2005/275
section 70 | 6th April 2005 | 2005/275
section 71 | 6th April 2005 | 2005/275
section 72 | 6th April 2005 | 2005/275
section 73 | 6th April 2005 | 2005/275
section 74 | 6th April 2005 | 2005/275
section 75 | 6th April 2005 | 2005/275
section 76 | 6th April 2005 | 2005/275
section 77 | 6th April 2005 | 2005/275
section 78 | 6th April 2005 | 2005/275
section 79 | 6th April 2005 | 2005/275
section 80 | 6th April 2005 | 2005/275
section 81 | 6th April 2005 | 2005/275
section 82 | 6th April 2005 | 2005/275
section 83 | 6th April 2005 | 2005/275
section 84 | 6th April 2005 | 2005/275
section 85 | 6th April 2005 | 2005/275
section 86 (partially) | 6th April 2005 | 2005/275
section 87 | 6th April 2005 | 2005/275
section 88 | 6th April 2005 | 2005/275
section 89 | 6th April 2005 | 2005/275
section 90 (partially) | 6th April 2005 | 2005/275
section 91 (partially) | 17th December 2004 | 2004/3350
section 91 (partially) | 6th April 2005 | 2005/275
section 92 | 6th April 2005 | 2005/275
section 93 (partially) | 10th February 2005 | 2005/275
section 93 (for all other purposes) | 6th April 2005 | 2005/275
section 94 | 6th April 2005 | 2005/275
section 95 (partially) | 6th April 2005 | 2005/275
section 96 (partially) | 6th April 2005 | 2005/275
section 97 (partially) | 10th February 2005 | 2005/275
section 97 (for all other purposes) | 6th April 2005 | 2005/275
section 98 | 6th April 2005 | 2005/275
section 99 | 6th April 2005 | 2005/275
section 100 | 6th April 2005 | 2005/275
section 101 (partially) | 6th April 2005 | 2005/275
section 102 (partially) | 17th December 2004 | 2004/3350
section 102 (partially) | 10th February 2005 | 2005/275
section 102 (for all other purposes) | 6th April 2005 | 2005/275
section 103 (partially) | 10th February 2005 | 2005/275
section 103 (for all other purposes) | 6th April 2005 | 2005/275
section 104 (partially) | 10th February 2005 | 2005/275
section 104 (for all other purposes) | 6th April 2005 | 2005/275
section 105 | 6th April 2005 | 2005/275
section 106 (partially) | 10th February 2005 | 2005/275
section 106 (for all other purposes) | 6th April 2005 | 2005/275
section 107 | 17th December 2004 | 2004/3350
section 108 (partially) | 17th December 2004 | 2004/3350
section 108 (partially) | 6th April 2005 | 2005/275
section 109 (partially) | 17th December 2004 | 2004/3350
section 110 (partially) | 17th December 2004 | 2004/3350
section 110 (partially) | 6th April 2005 | 2005/275
section 111 | 17th December 2004 | 2004/3350
section 112 (partially) | 17th December 2004 | 2004/3350
section 112 (partially) | 10th February 2005 | 2005/275
section 112 (partially) | 6th April 2005 | 2005/275
section 113 | 6th April 2005 | 2005/275
section 114 (partially) | 10th February 2005 | 2005/275
section 114 (for all other purposes) | 6th April 2005 | 2005/275
section 115 (partially) | 10th February 2005 | 2005/275
section 115 (for all other purposes) | 8th March 2005 | 2005/275
section 116 | 17th December 2004 | 2004/3350
section 117 (partially) | 10th February 2005 | 2005/275
section 117 (partially) | 1st April 2005 | 2005/275
section 119 | 6th April 2005 | 2005/275
section 120 (partially) | 10th February 2005 | 2005/275
section 120 (for all other purposes) | 6th April 2005 | 2005/275
section 121 (partially) | 10th February 2005 | 2005/275
section 121 (partially) | 6th April 2005 | 2005/275
section 122 (partially) | 10th February 2005 | 2005/275
section 122 (for all other purposes) | 6th April 2005 | 2005/275
section 123 (partially) | 10th February 2005 | 2005/275
section 123 (for all other purposes) | 6th April 2005 | 2005/275
section 124 | 6th April 2005 | 2005/275
section 125 (partially) | 10th February 2005 | 2005/275
section 125 (for all other purposes) | 6th April 2005 | 2005/275
section 126 (partially) | 10th February 2005 | 2005/275
section 126 (partially) | 8th March 2005 | 2005/275
section 126 (partially) | 1st April 2005 | 2005/275
section 126 (for all other purposes) | 6th April 2005 | 2005/275
section 127 | 6th April 2005 | 2005/275
section 128 | 6th April 2005 | 2005/275
section 129 (partially) | 10th February 2005 | 2005/275
section 129 (for all other purposes) | 6th April 2005 | 2005/275
section 130 (partially) | 10th February 2005 | 2005/275
section 130 (for all other purposes) | 6th April 2005 | 2005/275
section 131 | 6th April 2005 | 2005/275
section 132 (partially) | 6th April 2005 | 2005/275
section 133 (partially) | 10th February 2005 | 2005/275
section 133 (for all other purposes) | 6th April 2005 | 2005/275
section 134 (partially) | 10th February 2005 | 2005/275
section 134 (partially) | 6th April 2005 | 2005/275
section 135 (partially) | 10th February 2005 | 2005/275
section 135 (for all other purposes) | 6th April 2005 | 2005/275
section 136 | 6th April 2005 | 2005/275
section 137 | 6th April 2005 | 2005/275
section 138 (partially) | 10th February 2005 | 2005/275
section 138 (partially) | 6th April 2005 | 2005/275
section 139 (partially) | 10th February 2005 | 2005/275
section 139 (for all other purposes) | 6th April 2005 | 2005/275
section 140 (partially) | 10th February 2005 | 2005/275
section 140 (for all other purposes) | 6th April 2005 | 2005/275
section 141 (partially) | 10th February 2005 | 2005/275
section 141 (for all other purposes) | 6th April 2005 | 2005/275
section 142 | 6th April 2005 | 2005/275
section 143 (partially) | 10th February 2005 | 2005/275
section 143 (for all other purposes) | 6th April 2005 | 2005/275
section 144 | 6th April 2005 | 2005/275
section 145 (partially) | 10th February 2005 | 2005/275
section 145 (for all other purposes) | 6th April 2005 | 2005/275
section 146 (partially) | 10th February 2005 | 2005/275
section 146 (for all other purposes) | 6th April 2005 | 2005/275
section 147 (partially) | 10th February 2005 | 2005/275
section 147 (for all other purposes) | 6th April 2005 | 2005/275
section 148 (partially) | 10th February 2005 | 2005/275
section 148 (for all other purposes) | 6th April 2005 | 2005/275
section 149 | 6th April 2005 | 2005/275
section 150 (partially) | 10th February 2005 | 2005/275
section 150 (partially) | 6th April 2005 | 2005/275
section 151 (partially) | 10th February 2005 | 2005/275
section 151 (partially) | 6th April 2005 | 2005/275
section 152 (partially) | 10th February 2005 | 2005/275
section 152 (for all other purposes) | 6th April 2005 | 2005/275
section 154 (partially) | 6th April 2005 | 2005/275
section 160 (partially) | 6th April 2005 | 2005/275
section 161 (partially) | 6th April 2005 | 2005/275
section 162 (partially) | 10th February 2005 | 2005/275
section 162 (for all other purposes) | 6th April 2005 | 2005/275
section 167 (partially) | 10th February 2005 | 2005/275
section 167 (for all other purposes) | 6th April 2005 | 2005/275
section 172 (partially) | 6th April 2005 | 2005/275
section 173 (partially) | 6th April 2005 | 2005/275
section 174 (partially) | 10th February 2005 | 2005/275
section 174 (partially) | 1st April 2005 | 2005/275
section 175 (partially) | 6th April 2005 | 2005/275
section 179 (partially | 10th February 2005 | 2005/275
section 179 (partially) | 6th April 2005 | 2005/275
section 181 (partially) | 10th February 2005 | 2005/275
section 181 (partially) | 1st April 2005 | 2005/275
section 189 (partially) | 10th February 2005 | 2005/275
section 189 (partially) | 1st April 2005 | 2005/275
section 190 (partially) | 10th February 2005 | 2005/275
section 190 (partially) | 6th April 2005 | 2005/275
section 191 | 17th December 2004 | 2004/3350
section 192 | 6th April 2005 | 2005/275
section 193 (partially) | 17th December 2004 | 2004/3350
section 193 (partially) | 6th April 2005 | 2005/275
section 194 | 6th April 2005 | 2005/275
section 195 | 6th April 2005 | 2005/275
section 196 | 6th April 2005 | 2005/275
section 197 | 6th April 2005 | 2005/275
section 198 | 6th April 2005 | 2005/275
section 199 | 6th April 2005 | 2005/275
section 200 | 6th April 2005 | 2005/275
section 201 | 6th April 2005 | 2005/275
section 202 | 6th April 2005 | 2005/275
section 203 (partially) | 10th February 2005 | 2005/275
section 203 (for all other purposes) | 6th April 2005 | 2005/275
section 204 (partially) | 6th April 2005 | 2005/275
section 205 | 6th April 2005 | 2005/275
section 206 (partially) | 10th February 2005 | 2005/275
section 206 (partially) | 6th April 2005 | 2005/275
section 207 (partially) | 10th February 2005 | 2005/275
section 207 (for all other purposes) | 6th April 2005 | 2005/275
section 208 (partially) | 10th February 2005 | 2005/275
section 208 (for all other purposes) | 6th April 2005 | 2005/275
section 209 (partially) | 17th December 2004 | 2004/3350
section 209 (partially) | 10th February 2005 | 2005/275
section 209 (partially) | 1st April 2005 | 2005/275
section 209 (partially) | 6th April 2005 | 2005/275
section 210 (partially) | 17th December 2004 | 2004/3350
section 210 (partially) | 10th February 2005 | 2005/275
section 210 (partially) | 6th April 2005 | 2005/275
section 219 | 6th April 2005 | 2005/275
section 257 | 6th April 2005 | 2005/275
section 258 (partially) | 10th February 2005 | 2005/275
section 258 (for all other purposes) | 6th April 2005 | 2005/275
section 263 | 6th April 2005 | 2005/275
section 265 | 6th April 2005 | 2005/275
section 266 | 6th April 2005 | 2005/275
section 270 (partially) | 10th February 2005 | 2005/275
section 270 (for all other purposes) | 6th April 2005 | 2005/275
section 271 (partially) | 10th February 2005 | 2005/275
section 271 (for all other purposes) | 6th April 2005 | 2005/275
section 272 (partially) | 10th February 2005 | 2005/275
section 272 (for all other purposes) | 15th March 2005 | 2005/695
section 274 | 17th December 2004 | 2004/3350
section 275 | 6th April 2005 | 2005/275
section 276 | 6th April 2005 | 2005/275
section 277 | 17th December 2004 | 2004/3350
section 278 (partially) | 15th March 2005 | 2005/695
section 278 (for all other purposes) | 6th April 2005 | 2005/275
section 279 | 6th April 2005 | 2005/275
section 280 (partially) | 15th March 2005 | 2005/695
section 280 (for all other purposes) | 6th April 2005 | 2005/275
section 282 | 6th April 2005 | 2005/275
section 285 | 6th April 2005 | 2005/275
section 298 (partially) | 6th April 2005 | 2005/275
section 300 (partially) | 10th February 2005 | 2005/275
section 300 (partially) | 8th March 2005 | 2005/275
section 300 (partially) | 6th April 2005 | 2005/275
section 300 (partially) | 6th April 2005 | 2005/695
section 301 | 6th April 2005 | 2005/275
section 307 (partially) | 10th February 2005 | 2005/275
section 307 (partially) | 8th March 2005 | 2005/275
section 307 (partially) | 6th April 2005 | 2005/275
section 318 (partially) | 10th February 2005 | 2005/275
section 318 (partially) | 6th April 2005 | 2005/275
section 319 (partially) | 10th February 2005 | 2005/275
section 319 (partially) | 1st April 2005 | 2005/275
section 319 (partially) | 6th April 2005 | 2005/275
section 320 (partially) | 10th February 2005 | 2005/275
section 320 (partially) | 1st April 2005 | 2005/275
section 320 (partially) | 6th April 2005 | 2005/275
Schedule 1 (partially) | 17th December 2004 | 2004/3350
Schedule 1 (partially) | 10th February 2005 | 2005/275
Schedule 1 (partially) | 15th March 2005 | 2005/695
Schedule 1 (partially) | 1st April 2005 | 2005/275
Schedule 1 (partially) | 6th April 2005 | 2005/275
Schedule 1 (partially) | 6th April 2005 | 2005/695
Schedule 3 | 6th April 2005 | 2005/275
Schedule 4 (partially) | 17th December 2004 | 2004/3350
Schedule 4 (partially) | 10th February 2005 | 2005/275
Schedule 4 (partially) | 6th April 2005 | 2005/275
Schedule 5 (partially) | 17th December 2004 | 2004/3350
Schedule 5 (partially) | 6th April 2005 | 2005/275
Schedule 7 (partially) | 10th February 2005 | 2005/275
Schedule 7 (for all other purposes) | 6th April 2005 | 2005/275
Schedule 9 (partially) | 6th April 2005 | 2005/275
Schedule 12 (partially) | 10th February 2005 | 2005/275
Schedule 12 (partially) | 6th April 2005 | 2005/275
Schedule 12 (partially) | 6th April 2005 | 2005/695
Schedule 13 (partially) | 10th February 2005 | 2005/275
Schedule 13 (partially) | 1st April 2005 | 2005/695
Schedule 13 (partially) | 6th April 2005 | 2005/275
Schedule 13 (partially) | 6th April 2005 | 2005/695
2004 c. 35.
S.I. 2005/695 (C.29).
S.I. 1996/3126.
Subsections (3A) to (3E) were inserted by the Child Support, Pensions and Social Security Act 2000 (c. 19). Subsections (3A) and (3E) are amended by section 319(1) of, and paragraph 69 of Schedule 12 to, the Pensions Act 2004.
Regulation 12(1) was substituted and regulation 12(2) was deleted by regulation 17 of S.I. 1997/786.
Art. 1 in force at made date
Art. 2 in force at made date
Art. 3 in force at made date
Sch. in force at made date
Art. 2(1) omitted (E.W.S.) (28.3.2024) by virtue of The Pensions Act 2004 (General Code of Practice) (Appointed Day, Amendment and Revocations) Order 2024 (S.I. 2024/431), art. 3