Statutory Instruments
PENSIONS
Made
28th November 2005
Coming into force in accordance with regulation 1(1)
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 213(4)(d), 286(1) and (3)(g)(i) and (i), 315(2), (4) and (5) and 318(1) of the Pensions Act 2004 M1.
In accordance with section 8(1) of the Tribunals and Inquiries Act 1992 M2, the Secretary of State has consulted the Council on Tribunals before making any procedural rules made under, or by virtue of, section 213(4)(d) of the Pensions Act 2004 M3 in respect of the functions of the Ombudsman for the Board of the Pension Protection Fund.
In accordance with section 316(2)(h) and (n) of the Pensions Act 2004, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
This instrument contains regulations which are made before the end of the period of six months beginning with the coming into force of the provisions of that Act by virtue of which the regulations are made M4.
Marginal Citations
M12004 c. 35. Sections 168, 190 and 203 are modified by S.I. 2005/1986 (see regulation 4 and paragraphs 4, 5 and 15 of Schedule 1); section 213(4)(d) is modified by regulation 3(3), and applied, as modified, by regulation 2, of S.I. 2005/3256; section 286 is modified in its application to multi-employer schemes by S.I. 2005/441 as amended by S.I. 2005/993 and 2005/2113; section 318(1) is cited because of the meaning there given to “prescribed” and “regulations”.
M3Regulation 22 of these Regulations is made under section 213(4)(d), as modified by regulation 3(3), and applied, as modified, by regulation 2, of S.I. 2005/3256.
M4See section 317 of the Pensions Act 2004 (“the Act”) which provides that the Secretary of State must consult such persons as he considers appropriate before making regulations by virtue of the provisions of the Act (other than Part 8). This duty does not apply where regulations are made before the end of six months beginning with the coming into force of the provisions of that Act by virtue of which the regulations are made.