Statutory Instruments

1996 No. 1412 (C.26)

PENSIONS

The Pensions Act 1995 (Commencement No. 4) Order 1996

Made

31st May 1996

The Secretary of State for Social Security, in exercise of the power conferred on him by section 180(1) of the Pensions Act 1995(1) 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 1995 (Commencement No. 4) Order 1996.

(2) In this Order, references to "the Act" are references to the Pensions Act 1995 and, except where the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Act.

Appointed days

2.-(1) The day appointed for the coming into force of the provisions specified in Part I of the Schedule to this Order, is 1st August 1996.

(2) The day appointed for the coming into force of the provisions specified in Part II of the Schedule to this Order, for the purpose only of authorising the making of regulations, is 1st June 1996.

(3) The day appointed for the coming into force of section 78(6) of the Act:-

(a)for the purpose only of authorising the making of regulations, is 1st June 1996; and

(b)for all other purposes, is 1st August 1996.

(4) The day appointed for the coming into force of Schedule 1 paragraph 13 of the Act and section 1(5) in so far as it relates to that paragraph, is 1st June 1996.

Signed by authority of the Secretary of State for Social Security.

Paul Evans

Parliamentary Under-Secretary of State,

Department of Social Security

31st May 1996

Article 2

SCHEDULE

PART IPROVISIONS OF THE ACT COMING INTO FORCE ON 1ST AUGUST 1996

Provisions of the Act	Subject matter
Section 78(1) to (3), (5) and (7)	establishment of the Pensions Compensation Board
section 85(3)(a)	investment of surplus funds held by the Pensions Compensation Board
Schedule 2 paragraphs 1 to 11, 13, 14(1) to (4), 16, 17, 18(1)(a) and (b), 19 and 20 and section 78(8) in so far as it relates to those paragraphs	Pensions Compensation Board

PART IIPROVISIONS OF THE ACT COMING INTO FORCE ON 1ST JUNE 1996 FOR THE PURPOSE ONLY OF AUTHORISING THE MAKING OF REGULATIONS

Provisions of the Act	Subject matter
section 10(1)	period for paying penalties
section 23	requirement for independent trustee
section 81(1)(c), (2) and (3)(f)(i)	cases where compensation provisions apply
section 82(1)	applications for payment
section 83(2) and (3)(a)	amount of compensation
section 84(1)(b), (2) and (3)	payments made in anticipation
section 86	modifications of compensation provisions
section 96(2) and (5)	review of decisions
section 155 in so far as not already in force for the purpose of making regulations	penalties for breach of regulations under the Pension Schemes Act 1993
section 157(2)	jurisdiction of the Pensions Ombudsman
section 158	payment of costs and expenses by the Pensions Ombudsman
section 160	interest on late payment of benefit
Schedule 5, paragraph 36 and section 151 in so far as it relates to that paragraph	investment and resources of schemes

Explanatory Note

(This note is not part of the Order)

This Order provides for the coming into force of further provisions of the Pensions Act 1995 on the following dates-

on 1st August 1996, for provisions relating to the establishment of the Pensions Compensation Board;
on 1st June 1996, for the purpose only of authorising the making of certain regulations, in particular, under provisions relating to time limits for paying civil penalties, the requirement for an independent trustee, the Pensions Compensation Board, the proceedings of the Occupational Pensions Regulatory Authority and the review of its decisions and the jurisdiction of the Pensions Ombudsman and his powers as regards costs, expenses and interest.

Note as to Earlier Commencement Orders