SCHEDULE 1PROVISIONS OF THE ACT COMING INTO FORCE ON 6TH APRIL 2005

Article 2(7)

Provisions of the Act

Subject matter

Schedule 12, paragraphs 7, 35 to 43, 47, 66, 68, 70, 73, 77(1) and (3), 78, and 80, 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 Pension Schemes Act 1993, sections 6, 99(6), 101J(3), 129, 168A, 181 except the definition of “voluntary contributions requirements” in subsection (1), and 192(2);

  • the Pensions Act 1995, sections 1, 2, 5, 7(1) and (4), 10(5)(a), 11(3), 13, 22(1)(b), 25(2), 26A to 26C, 28(4), 29, 30, 30A, 31, 48, 72A(9), 72C(2), 74, 75(9) and 96 to 114, and Schedule 1, paragraph 23 of Schedule 3, and paragraph 20 of Schedule 5;

  • the Welfare Reform and Pensions Act 1999, sections 2(5) and (6), 4, 5 and 38(1), and paragraphs 1(2)(b)(i) and (xi) to (xiii), 2 and 3 of Schedule 1, paragraph 9 of Schedule 2, and paragraph 55 of Schedule 12 ;

  • the Anti-terrorism, Crime and Security Act 2001, paragraph 37 of Part 1 of Schedule 4;

and section 320 in so far as it relates to those provisions.

repeals

SCHEDULE 2FURTHER TRANSITIONAL PROVISIONS

Article 5(8)

Transitional provisions relating to the 1993 Act1

Section 175 of the 1993 Act (levies towards certain expenditure) shall be modified so that it shall have effect as if, for the words “be recoverable by the Registrar” in subsection (8), there were substituted the words “be recoverable by the Regulatory Authority”.

Transitional provisions relating to section 2 of the 1995 Act2

Section 2 of the 1995 Act (reports to the Secretary of State) shall be modified so that it shall have effect as if, after subsection (1), there were inserted the following subsection—

1A

The Regulatory Authority must prepare a report for the period commencing 1st April 2004 and ending 5th April 2005 and must send the report to the Secretary of State as soon as practicable after the end of that period.

Transitional provisions relating to section 96 of 1995 Act3

Section 96 of the 1995 Act (review of decisions) shall be modified so that it shall have effect as if—

a

for the words “any determination of theirs” in subsection (2), there were substituted the words “any determination of the Occupational Pensions Regulatory Authority”; and

b

for the words “any other such determination of theirs” in paragraph (a) of subsection (3), there were substituted the words “any other such determination of the Occupational Pensions Regulatory Authority”.

Transitional provisions relating to section 97 of the 1995 Act4

Section 97 of the 1995 Act (references and appeals from the Authority) shall be modified so that it shall have effect as if, for the words “the Authority” in each place where they appear in subsections (1) to (4) and (7), there were substituted the words “the Determinations Panel of the Pensions Regulator”.

Transitional provisions relating to section 103 of the 1995 Act5

Section 103 of the 1995 Act (publishing reports) shall be modified so that it shall have effect as if, for the words “any investigation under this Part”, there were substituted the words “any investigation by the Occupational Pensions Regulatory Authority under this Part”.

Transitional provisions relating to paragraph 16 of Schedule 1 to the 1995 Act6

Paragraph 16 of Schedule 1 to the 1995 Act (accounts) shall be modified so that it shall have effect as if—

a

at the beginning of sub-paragraph (1), for the word “It” there were substituted the words “Subject to paragraph (1A), it”; and

b

after sub-paragraph (1), there were inserted the following sub-paragraph—

1A

The statement of accounts which the Authority is required to prepare in respect of the financial year commencing 1st April 2004 shall also include its accounts for the period commencing on 1st April 2005 and ending on 5th April 2005.

SCHEDULE 3

Article 6

Provisions referred to in article 6 which are to continue to have effect as they were in force immediately before their amendment or repeal by the Act.

Provisions of enactments

Subject matter

The Pensions Act 1993

Section 175

Levies towards certain expenditure

The Pensions Act 1995

Section 2

Reports to Secretary of State

Section 3

Prohibition orders

Section 4

Suspension orders

Section 8

Appointment of trustees: consequences

Section 11

Powers to wind up schemes

Section 72B

Directions to facilitate winding up

Section 96

Review of decisions

Section 97

References and appeals from the Authority

Section 98

Provision of information

Section 99

Inspection of premises

Section 100

Warrants

Section 101

Information and inspection: penalties

Section 102

Savings for certain privileges etc.

Section 103

Publishing reports

Schedule 1, paragraph 16

Accounts