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Statutory Instruments

2011 No. 664 (C. 23)

Pensions

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

Made

5th March 2011

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 2008(1).

Citation and interpretation

1.—(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 provisions

2.—(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 Webb

Minister of State

Department for Work and Pensions

5th March 2011

Article 2

SCHEDULE

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 ActSubject matter
Section 120, for the purpose of bringing into force the provisions of Schedule 6 and Schedule 7 specified in this PartPension compensation sharing and attachment on divorce etc
Section 121Charges 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 1973(2)), 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 2004(3)), 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 3Pension compensation on divorce etc: England and Wales
Schedule 7, paragraph 1 (for the purposes of paragraph 4) and paragraph 4Pension 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 ActSubject matter
Section 107Scope of mechanism
Section 108Interpretation
Section 109Activation of pension compensation sharing
Section 110Activation of pension compensation sharing: supplementary (Scotland)
Section 111Creation of pension compensation debits and credits
Section 112Cash equivalents
Section 113Reduction of compensation
Section 114Time for discharge of liability
Section 115“Implementation period”
Section 116Discharge of liability
Section 117Charges in respect of pension compensation sharing costs
Section 118Supply of information about pension compensation in relation to divorce etc
Section 119Supply of information about pension compensation sharing
Section 120Pension compensation sharing and attachment on divorce etc
Section 121Charges in respect of pension sharing etc
Section 123Consequential amendments
Section 148 insofar as it relates to Part 4 of Schedule 11Repeals

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 7Pension compensation on divorce etc: Scotland
Schedule 11, Part 4Pension 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.

ProvisionDate of CommencementS.I. No.
sections 62 to 6426th January 20092009/82
section 741st July 20092009/1566
section 75 (for all remaining purposes)5th July 20102010/10
section 765th July 20102010/10
section 995th July 20102010/10
section 1006th April 20092009/82
section 101 (partially)6th April 20092009/82
section 101 (for all other purposes)6th April 20092009/809
section 103(1) and (3) (partially)8th April 20102010/1221
section 122 (partially)1st April 20092009/809
section 124(2) and (6) (partially)19th December 20082008/3241
section 124(2) and (6) (for remaining purposes)31st March 20102010/1145
section 126 (for all remaining purposes)29th June 20092009/1566
section 12826th January 20092009/82
section 129 (partially)26th February 20102010/467
section 1306th April 20092009/82
section 13226th January 20092009/82
section 13826th January 20092009/82
section 1396th April 20092009/82
section 148 (partially)6th April 20092009/82
Schedule 1 (for all remaining purposes)5th July 20102010/10
Schedule 2 Parts 1 and 36th April 20092009/82
Schedule 2 Part 26th April 20092009/809
Schedule 8 (partially)1st April 20092009/809
Schedule 9 (for all remaining purposes)29th June 20092009/1566
Schedule 10 (partially)26th February 20102010/467
Schedule 11 Part 26th April 20092009/82