2011 No. 664 (C. 23)

Pensions

The Pensions Act 2008 (Commencement No. 9) Order 2011

Made

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 144(4) and 149(1) of the Pensions Act 20081.

Citation and interpretation1

1

This Order may be cited as the Pensions Act 2008 (Commencement No. 9) Order 2011.

2

In this Order “the Act” means the Pensions Act 2008.

Commencement of provisions2

1

Section 65 (Objectives of the Regulator) of the Act comes into force on 16th March 2011.

2

The provisions of the Act specified in Part 1 of the Schedule to this Order come into force, for the purpose only of conferring power to make regulations, on the day after the day on which this Order is made.

3

The provisions of the Act specified in Part 2 of the Schedule come into force, insofar as they are not already in force, on 6th April 2011.

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

Steve WebbMinister of StateDepartment for Work and Pensions

SCHEDULE

Article 2

PART 1Provisions of the Act coming into force, for the purpose only of conferring power to make regulations, on the day after the day on which this Order is made

Provisions of the Act

Subject matter

Section 120, for the purpose of bringing into force the provisions of Schedule 6 and Schedule 7 specified in this Part

Pension compensation sharing and attachment on divorce etc

Section 121

Charges in respect of pension sharing etc

Schedule 6, paragraph 1 (for the purposes of paragraphs 3, 7 and 8(1) and (5)), paragraph 3 (insofar as it inserts section 24F into the Matrimonial Causes Act 19732), paragraph 7 (insofar as it inserts section 25G into that Act), paragraph 8(1) (for the purposes of paragraph 8(5)) and paragraph 8(5) of Part 1, paragraph 13(1) (for the purposes of paragraph 13(6)) and (6) of Part 2, paragraph 14 (for the purposes of paragraphs 15, 17(1) and (4), 18(1) and (7)(e) and 20(4)(g)), paragraph 15 (insofar as it inserts paragraph 19E(2) and (3) of Schedule 4A into the Civil Partnership Act 20043), paragraph 17(1) (for the purposes of paragraph 17(4)) and (4), paragraph 18(1) (for the purposes of paragraph 18(7)(e)) and (7)(e) and paragraph 20(4)(g) of Part 3

Pension compensation on divorce etc: England and Wales

Schedule 7, paragraph 1 (for the purposes of paragraph 4) and paragraph 4

Pension compensation on divorce etc: Scotland

PART 2Provisions of the Act (insofar as they are not already in force) coming into force on 6th April 2011

Provisions of the Act

Subject matter

Section 107

Scope of mechanism

Section 108

Interpretation

Section 109

Activation of pension compensation sharing

Section 110

Activation of pension compensation sharing: supplementary (Scotland)

Section 111

Creation of pension compensation debits and credits

Section 112

Cash equivalents

Section 113

Reduction of compensation

Section 114

Time for discharge of liability

Section 115

“Implementation period”

Section 116

Discharge of liability

Section 117

Charges in respect of pension compensation sharing costs

Section 118

Supply of information about pension compensation in relation to divorce etc

Section 119

Supply of information about pension compensation sharing

Section 120

Pension compensation sharing and attachment on divorce etc

Section 121

Charges in respect of pension sharing etc

Section 123

Consequential amendments

Section 148 insofar as it relates to Part 4 of Schedule 11

Repeals

Schedule 5, except for paragraph 11

Pension compensation payable on discharge of pension compensation credit

Schedule 6

Pension compensation on divorce etc: England and Wales

Schedule 7

Pension compensation on divorce etc: Scotland

Schedule 11, Part 4

Pension compensation

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the coming into force of section 65 (Objectives of the Regulator) and Chapter 1 and (in part) Chapter 2 of Part 3 of the Pensions Act 2008 (c. 30) (Pension Compensation).

Article 2(1) brings into force section 65 of the Pensions Act 2008 (“the Act”) on 16th March 2011.

Article 2(3) brings into force, for the purpose only of conferring power to make regulations, the provisions specified in Part 1 of the Schedule. These provisions come into force on the day after the day on which this Order is made.

Article 2(3) brings into force on 6th April 2011 the provisions specified in Part 2 of the Schedule, insofar as they are not already in force.

Section 65 of the Act amends section 5(1) of the Pensions Act 2004 (c. 35) so as to insert an additional objective for the Regulator.

Part 3 of the Act makes provision for pension compensation to be shared on divorce or dissolution of a civil partnership and in cases of nullity, and for attachment orders to be made on divorce etc in relation to pension compensation. Section 121 of the Act also makes provision for the Board of the Pension Protection Fund to recover from the parties prescribed charges incurred in relation to implementation of a pension sharing order or provision or compliance with a pension attachment order. With the commencement of the provisions specified in Part 2 of the Schedule, the provisions of Part 3 of the Act (with the exception of paragraph 11 of Schedule 5) that relate to pension compensation sharing and attachment will be fully in force.

A full impact assessment has not been produced for this Order as it has no impact on the private sector or civil society organisations.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Pensions Act 2008 have been brought into force, or will be brought into force, by Statutory Instruments which were made before this Order was made.

Provision

Date of Commencement

S.I.No.

sections 62 to 64

26th January 2009

2009/82

section 74

1st July 2009

2009/1566

section 75 (for all remaining purposes)

5th July 2010

2010/10

section 76

5th July 2010

2010/10

section 99

5th July 2010

2010/10

section 100

6th April 2009

2009/82

section 101 (partially)

6th April 2009

2009/82

section 101 (for all other purposes)

6th April 2009

2009/809

section 103(1) and (3) (partially)

8th April 2010

2010/1221

section 122 (partially)

1st April 2009

2009/809

section 124(2) and (6) (partially)

19th December 2008

2008/3241

section 124(2) and (6) (for remaining purposes)

31st March 2010

2010/1145

section 126 (for all remaining purposes)

29th June 2009

2009/1566

section 128

26th January 2009

2009/82

section 129 (partially)

26th February 2010

2010/467

section 130

6th April 2009

2009/82

section 132

26th January 2009

2009/82

section 138

26th January 2009

2009/82

section 139

6th April 2009

2009/82

section 148 (partially)

6th April 2009

2009/82

Schedule 1 (for all remaining purposes)

5th July 2010

2010/10

Schedule 2 Parts 1 and 3

6th April 2009

2009/82

Schedule 2 Part 2

6th April 2009

2009/809

Schedule 8 (partially)

1st April 2009

2009/809

Schedule 9 (for all remaining purposes)

29th June 2009

2009/1566

Schedule 10 (partially)

26th February 2010

2010/467

Schedule 11 Part 2

6th April 2009

2009/82