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STATUTORY INSTRUMENTS


2005 No. 2447 (C.102)

PENSIONS

The Pensions Act 2004 (Commencement No. 7) Order 2005

  Made 31st August 2005 

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 315(2) and (5) and 322(1) of the Pensions Act 2004[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 2004 (Commencement No. 7) Order 2005.

    (2) In this Order the Act means the Pensions Act 2004.

Appointed days
    
2. —(1) The day appointed for the coming into force of section 90 of the Act (codes of practice), in so far as it is not already in force, is 14th November 2005.

    (2) The day appointed for the coming into force of section 243 of the Act (member-nominated trustees and directors: supplementary) is 1st November 2005.

    (3) The day appointed for the coming into force of

is 22nd September 2005.

    (4) The day appointed for the coming into force of the provisions of the Act specified in Part 1 of the Schedule to this Order is 1st September 2005.

    (5) The day appointed for the coming into force of the provisions of the Act specified in Part 2 of the Schedule to this Order



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


Stephen C. Timms
Minister of State, Department for Work and Pensions

31st August 2005



SCHEDULE
Article 2



PART 1

PROVISIONS OF THE ACT COMING INTO FORCE ON 1st SEPTEMBER 2005

Provisions of the Act Subject matter
section 206, in so far as it is not already in force meaning of reviewable matters
section 302, in so far as it is not already in force dissolution of the Pensions Compensation Board
section 306(1), (2)(a) to (g), (l) and (n) and (3) overriding requirements
section 309 offences by bodies corporate and partnerships
section 310 admissibility of statements
section 311 protected items
section 312 liens
section 314 breach of regulations
section 319(2)(a) minor and consequential amendments
sub-paragraphs (1) and (3) of paragraph 18 of Schedule 5, and section 109 in so far as it relates to those sub-paragraphs the Board of the Pension Protection Fund - delegation
sub-paragraph (3) of paragraph 76 of Schedule 12, in so far as it relates to Chapter 5 of Part 2 of the Act (gathering information), and section 319(1) in so far as it relates to that provision amendment of paragraph 1 of Schedule 1 to the Welfare Reform and Pensions Act 1999[3]
Schedule 13, in so far as it relates to the repeal of paragraph 3(3) and (4) of Schedule 5 to the Child Support, Pensions and Social Security Act 2000 (miscellaneous amendments: protected rights)[4], and section 320 in so far as it relates to that paragraph repeals



PART 2

PROVISIONS OF THE ACT COMING INTO FORCE ON 1st NOVEMBER 2005 FOR THE PURPOSE ONLY OF CONFERRING POWER TO MAKE REGULATIONS AND ON 6th APRIL 2006 FOR ALL OTHER PURPOSES

Provisions of the Act Subject matter
section 241 requirement for member-nominated trustees
section 242 requirement for member-nominated directors of corporate trustees
section 262 modification of subsisting rights



EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes further provision for the coming into force of provisions of the Pensions Act 2004 (c.35) (the Act).

Article 2(1) appoints the day for the coming into force of section 90 of the Act (codes of practice), in so far it is not already in force, as 14th November 2005.

Article 2(2) appoints the day for the coming into force of section 243 of the Act (member-nominated trustees and directors: supplementary) as 1st November 2005.

Article 2(3) appoints the day for the coming into force of paragraphs 19 and 20 of Schedule 12 to the Act (minor and consequential amendments) and section 319(1) in so far as it relates to those paragraphs, and Schedule 13 to the Act (repeals), in so far as it relates to the repeal of the definition of occupational pension scheme in subsection (3), and subsection (4), of section 123 of the Pension Schemes Act 1993 (c.48) (interpretation) and section 320 in so far as it relates to those provisions, as 22nd September 2005.

Article 2(4) appoints the day for the coming into force of the provisions of the Act specified in Part 1 of the Schedule to the Order as 1st September 2005. The provisions are

Article 2(5) appoints the day for the coming into force of sections 241 and 242 (requirements for member-nominated trustees and directors of corporate trustees) and 262 (modification of subsisting rights) for the purpose of conferring power to make regulations as 1st November 2005 and for all other purposes as 6th April 2006.



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)


The following provisions of the Pensions Act 2004 have been brought into force on the dates shown by commencement orders before the date of this Order. Some of these provisions will not be in force on the date that this Order is made.

Provision Date of Commencement S.I. No.
section 1 17th December 2004 2004/3350
section 2 (partially) 17th December 2004 2004/3350
section 2 (partially) 6th April 2005 2005/275
section 3 (partially) 17th December 2004 2004/3350
section 3 (partially) 10th February 2005 2005/275
section 3 (partially) 1st April 2005 2005/275
section 4 (partially) 17th December 2004 2004/3350
section 4 (partially) 6th April 2005 2005/275
section 5 (partially) 17th December 2004 2004/3350
section 5 (partially) 6th April 2005 2005/275
section 6 17th December 2004 2004/3350
section 7 6th April 2005 2005/275
section 8 (partially) 17th December 2004 2004/3350
section 8 (for all other purposes) 6th April 2005 2005/275
section 10 (partially) 17th December 2004 2004/3350
section 10 (for all other purposes) 6th April 2005 2005/695
section 12 (partially) 17th December 2004 2004/3350
section 13 6th April 2005 2005/275
section 14 6th April 2005 2005/275
section 15 6th April 2005 2005/275
section 16 6th April 2005 2005/275
section 17 6th April 2005 2005/275
section 18 (partially) 6th April 2005 2005/275
section 19 (partially) 10th February 2005 2005/275
section 19 (for all other purposes) 6th April 2005 2005/275
section 20 (partially) 6th April 2005 2005/275
section 21 (partially) 10th February 2005 2005/275
section 21 (for all other purposes) 6th April 2005 2005/275
section 22 6th April 2005 2005/275
section 23 (partially) 10th February 2005 2005/275
section 23 (for all other purposes) 6th April 2005 2005/275
section 24 (partially) 10th February 2005 2005/275
section 24 (for all other purposes) 6th April 2005 2005/275
section 25 6th April 2005 2005/275
section 26 6th April 2005 2005/275
section 27 6th April 2005 2005/275
section 28 6th April 2005 2005/275
section 29 6th April 2005 2005/275
section 30 (partially) 10th February 2005 2005/275
section 30 (for all other purposes) 6th April 2005 2005/275
section 31 6th April 2005 2005/275
section 32 6th April 2005 2005/275
section 33 6th April 2005 2005/275
section 34 6th April 2005 2005/275
section 35 6th April 2005 2005/275
section 36 (partially) 10th February 2005 2005/275
section 36 (for all other purposes) 6th April 2005 2005/275
section 37 6th April 2005 2005/274
section 38 (partially) 10th February 2005 2005/275
section 38 (partially) 6th April 2005 2005/275
section 39 6th April 2005 2005/275
section 40 6th April 2005 2005/275
section 41 (partially) 6th April 2005 2005/275
section 42 (partially) 6th April 2005 2005/275
section 43 (partially) 10th February 2005 2005/275
section 43 (partially) 6th April 2005 2005/275
section 44 (partially) 10th February 2005 2005/275
section 44 (for all other purposes) 6th April 2005 2005/275
section 45 (partially) 10th February 2005 2005/275
section 45 (for all other purposes) 6th April 2005 2005/275
section 46 6th April 2005 2005/275
section 47 (partially) 6th April 2005 2005/275
section 48 6th April 2005 2005/275
section 49 6th April 2005 2005/275
section 50 (partially) 6th April 2005 2005/275
section 51 6th April 2005 2005/275
section 52 (partially) 10th February 2005 2005/275
section 52 (for all other purposes) 6th April 2005 2005/275
section 53 6th April 2005 2005/275
section 54 6th April 2005 2005/275
section 55 6th April 2005 2005/275
section 56 6th April 2005 2005/275
section 57 (partially) 10th February 2005 2005/275
section 57 (for all other purposes) 6th April 2005 2005/275
section 58 6th April 2005 2005/275
section 59 (partially) 10th February 2005 2005/275
section 59 (partially) 1st April 2005 2005/275
section 59 (for all other purposes) 6th April 2005 2005/275
section 60 (partially) 10th February 2005 2005/275
section 60 (for all other purposes) 6th April 2005 2005/275
section 61 (partially) 10th February 2005 2005/275
section 61 (for all other purposes) 6th April 2005 2005/275
section 62 6th April 2005 2005/275
section 63 6th April 2005 2005/275
section 64 6th April 2005 2005/275
section 65

section 66

6th April 2005

6th April 2005

2005/275

2005/275

section 67 6th April 2005 2005/275
section 68 6th April 2005 2005/275
section 69 (partially) 10th February 2005 2005/275
section 69 (for all other purposes) 6th April 2005 2005/275
section 70 6th April 2005 2005/275
section 71 6th April 2005 2005/275
section 72 6th April 2005 2005/275
section 73 6th April 2005 2005/275
section 74 6th April 2005 2005/275
section 75 6th April 2005 2005/275
section 76 6th April 2005 2005/275
section 77 6th April 2005 2005/275
section 78 6th April 2005 2005/275
section 79 6th April 2005 2005/275
section 80 6th April 2005 2005/275
section 81 6th April 2005 2005/275
section 82 6th April 2005 2005/275
section 83 6th April 2005 2005/275
section 84 6th April 2005 2005/275
section 85 6th April 2005 2005/275
section 86 (partially) 6th April 2005 2005/275
section 87 6th April 2005 2005/275
section 88 6th April 2005 2005/275
section 89 6th April 2005 2005/275
section 90 (partially) 6th April 2005 2005/275
section 91 (partially) 17th December 2004 2004/3350
section 91 (partially) 6th April 2005 2005/275
section 91 (partially) 6th April 2005 2005/1108
section 92 6th April 2005 2005/275
section 93 (partially) 10th February 2005 2005/275
section 93 (for all other purposes) 6th April 2005 2005/275
section 94 6th April 2005 2005/275
section 95 (partially) 6th April 2005 2005/275
section 96 (partially) 6th April 2005 2005/275
section 97 (partially) 10th February 2005 2005/275
section 97 (for all other purposes) 6th April 2005 2005/275
section 98 6th April 2005 2005/275
section 99 6th April 2005 2005/275
section 100 6th April 2005 2005/275
section 101 (partially) 6th April 2005 2005/275
section 102 (partially) 17th December 2004 2004/3350
section 102 (partially) 10th February 2005 2005/275
section 102 (for all other purposes) 6th April 2005 2005/275
section 103 (partially) 10th February 2005 2005/275
section 103 (for all other purposes) 6th April 2005 2005/275
section 104 (partially) 10th February 2005 2005/275
section 104 (for all other purposes) 6th April 2005 2005/275
section 105 6th April 2005 2005/275
section 106 (partially) 10th February 2005 2005/275
section 106 (for all other purposes) 6th April 2005 2005/275
section 107 17th December 2004 2004/3350
section 108 (partially) 17th December 2004 2004/3350
section 108 (partially) 6th April 2005 2005/275
section 109 (partially) 17th December 2004 2004/3350
section 109 (partially) 6th April 2005 2005/275
section 110 (partially) 17th December 2004 2004/3350
section 110 (partially) 6th April 2005 2005/275
section 110 (partially) 1st September 2005 2005/1720
section 111 17th December 2004 2004/3350
section 112 (partially) 17th December 2004 2004/3350
section 112 (partially) 10th February 2005 2005/275
section 112 (partially) 6th April 2005 2005/275
section 113 6th April 2005 2005/275
section 114 (partially) 10th February 2005 2005/275
section 114 (for all other purposes) 6th April 2005 2005/275
section 115 (partially) 10th February 2005 2005/275
section 115 (for all other purposes) 8th March 2005 2005/275
section 116 17th December 2004 2004/3350
section 117 (partially) 10th February 2005 2005/275
section 117 (partially) 1st April 2005 2005/275
section 119 6th April 2005 2005/275
section 120 (partially) 10th February 2005 2005/275
section 120 (for all other purposes) 6th April 2005 2005/275
section 121 (partially) 10th February 2005 2005/275
section 121 (partially) 6th April 2005 2005/275
section 121 (partially) 30th June 2005 2005/1720
section 122 (partially) 10th February 2005 2005/275
section 122 (for all other purposes) 6th April 2005 2005/275
section 123 (partially) 10th February 2005 2005/275
section 123 (for all other purposes) 6th April 2005 2005/275
section 124 6th April 2005 2005/275
section 125 (partially) 10th February 2005 2005/275
section 125 (for all other purposes) 6th April 2005 2005/275
section 126 (partially) 10th February 2005 2005/275
section 126 (partially) 8th March 2005 2005/275
section 126 (partially) 1st April 2005 2005/275
section 126 (for all other purposes) 6th April 2005 2005/275
section 127 6th April 2005 2005/275
section 128 6th April 2005 2005/275
section 129 (partially) 10th February 2005 2005/275
section 129 (for all other purposes) 6th April 2005 2005/275
section 130 (partially) 10th February 2005 2005/275
section 130 (for all other purposes) 6th April 2005 2005/275
section 131 6th April 2005 2005/275
section 132 (partially) 6th April 2005 2005/275
section 133 (partially) 10th February 2005 2005/275
section 133 (for all other purposes) 6th April 2005 2005/275
section 134 (partially) 10th February 2005 2005/275
section 134 (partially) 6th April 2005 2005/275
section 135 (partially) 10th February 2005 2005/275
section 135 (for all other purposes) 6th April 2005 2005/275
section 136 6th April 2005 2005/275
section 137 6th April 2005 2005/275
section 138 (partially) 10th February 2005 2005/275
section 138 (partially) 6th April 2005 2005/275
section 139 (partially) 10th February 2005 2005/275
section 139 (for all other purposes) 6th April 2005 2005/275
section 140 (partially) 10th February 2005 2005/275
section 140 (for all other purposes) 6th April 2005 2005/275
section 141 (partially) 10th February 2005 2005/275
section 141 (for all other purposes) 6th April 2005 2005/275
section 142 6th April 2005 2005/275
section 143 (partially) 10th February 2005 2005/275
section 143 (for all other purposes) 6th April 2005 2005/275
section 144 6th April 2005 2005/275
section 145 (partially) 10th February 2005 2005/275
section 145 (for all other purposes) 6th April 2005 2005/275
section 146 (partially) 10th February 2005 2005/275
section 146 (for all other purposes) 6th April 2005 2005/275
section 147 (partially) 10th February 2005 2005/275
section 147 (for all other purposes) 6th April 2005 2005/275
section 148 (partially) 10th February 2005 2005/275
section 148 (for all other purposes) 6th April 2005 2005/275
section 149 6th April 2005 2005/275
section 150 (partially) 10th February 2005 2005/275
section 150 (partially) 6th April 2005 2005/275
section 151 (partially) 10th February 2005 2005/275
section 151 (partially) 6th April 2005 2005/275
section 152 (partially) 10th February 2005 2005/275
section 152 (for all other purposes) 6th April 2005 2005/275
section 154 (partially) 6th April 2005 2005/275
section 160 (partially) 6th April 2005 2005/275
section 161 (partially) 6th April 2005 2005/275
section 162 (partially) 10th February 2005 2005/275
section 162 (for all other purposes) 6th April 2005 2005/275
section 167 (partially) 10th February 2005 2005/275
section 167 (for all other purposes) 6th April 2005 2005/275
section 168 (partially) 20th July 2005 2005/1436
section 172 (partially) 6th April 2005 2005/275
section 172 (partially) 1st September 2005 2005/1720
section 173 (partially) 6th April 2005 2005/275
section 173 (partially) 1st June 2005 2005/1436
section 173 (partially) 20th June 2005 2005/1436
section 173 (partially) 30th June 2005 2005/1436
section 174 (partially) 10th February 2005 2005/275
section 174 (partially) 1st April 2005 2005/275
section 175 (partially) 6th April 2005 2005/275
section 175 (partially) 20th June 2005 2005/1436
section 176 (partially) 27th May 2005 2005/1436
section 176 (for all other purposes) 20th June 2005 2005/1436
section 179 (partially) 10th February 2005 2005/275
section 179 (partially) 6th April 2005 2005/275
section 181 (partially) 10th February 2005 2005/275
section 181 (partially) 1st April 2005 2005/275
section 182 (partially) 12th July 2005 2005/1720
section 182 (for all other purposes) 1st September 2005 2005/1720
section 183 (partially) 12th July 2005 2005/1720
section 183 (for all other purposes) 1st September 2005 2005/1720
section 184 1st September 2005 2005/1720
section 185 (partially) 12th July 2005 2005/1720
section 185 (for all other purposes) 1st September 2005 2005/1720
section 186 (partially) 12th July 2005 2005/1720
section 186 (for all other purposes) 1st September 2005 2005/1720
section 188 (partially) 1st September 2005 2005/1720
section 189 (partially) 10th February 2005 2005/275
section 189 (partially) 1st April 2005 2005/275
section 190 (partially) 10th February 2005 2005/275
section 190 (partially) 6th April 2005 2005/275
section 191 17th December 2004 2004/3350
section 192 6th April 2005 2005/275
section 193 (partially) 17th December 2004 2004/3350
section 193 (partially) 6th April 2005 2005/275
section 194 6th April 2005 2005/275
section 195 6th April 2005 2005/275
section 196 6th April 2005 2005/275
section 197 6th April 2005 2005/275
section 198 6th April 2005 2005/275
section 199 6th April 2005 2005/275
section 200 6th April 2005 2005/275
section 201 6th April 2005 2005/275
section 202 6th April 2005 2005/275
section 203 (partially) 10th February 2005 2005/275
section 203 (for all other purposes) 6th April 2005 2005/275
section 204 (partially) 6th April 2005 2005/275
section 205 6th April 2005 2005/275
section 206 (partially) 10th February 2005 2005/275
section 206 (partially) 6th April 2005 2005/275
section 207 (partially) 10th February 2005 2005/275
section 207 (for all other purposes) 6th April 2005 2005/275
section 208 (partially) 10th February 2005 2005/275
section 208 (for all other purposes) 6th April 2005 2005/275
section 209 (partially) 17th December 2004 2004/3350
section 209 (partially) 10th February 2005 2005/275
section 209 (partially) 1st April 2005 2005/275
section 209 (partially) 6th April 2005 2005/275
section 210 (partially) 17th December 2004 2004/3350
section 210 (partially) 10th February 2005 2005/275
section 210 (partially) 6th April 2005 2005/275
section 211 6th April 2005 2005/275
section 212 21st July 2005 2005/1720
section 213 (partially) 1st July 2005 2005/1720
section 213 (partially) 21st July 2005 2005/1720
section 214 (partially) 1st July 2005 2005/1720
section 214 (partially) 21st July 2005 2005/1720
section 215 21st July 2005 2005/1720
section 216 21st July 2005 2005/1720
section 217 21st July 2005 2005/1720
section 218 21st July 2005 2005/1720
section 219 6th April 2005 2005/275
section 239 (partially) 1st July 2005 2005/1720
section 239 (partially) 22nd September 2005 2005/1720
section 239 (for all other purposes) 6th April 2006 2005/1720
section 252 (partially) 1st July 2005 2005/1720
section 252 (for all other purposes) 22nd September 2005 2005/1720
section 255 (partially) 1st July 2005 2005/1720
section 255 (for all other purposes) 22nd September 2005 2005/1720
section 256 30th June 2005 2005/1720
section 257 6th April 2005 2005/275
section 258 (partially) 10th February 2005 2005/275
section 258 (for all other purposes) 6th April 2005 2005/275
section 263 6th April 2005 2005/275
section 265 6th April 2005 2005/275
section 266 6th April 2005 2005/275
section 269 (partially) 1st July 2005 2005/1720
section 269 (for all other purposes) 6th April 2006 2005/1720
section 270 (partially) 10th February 2005 2005/275
section 270 (for all other purposes) 6th April 2005 2005/275
section 271 (partially) 10th February 2005 2005/275
section 271 (for all other purposes) 6th April 2005 2005/275
section 272 (partially) 10th February 2005 2005/275
section 272 (for all other purposes) 15th March 2005 2005/695
section 274 17th December 2004 2004/3350
section 275 6th April 2005 2005/275
section 276 6th April 2005 2005/275
section 277 17th December 2004 2004/3350
section 278 (partially) 15th March 2005 2005/695
section 278 (for all other purposes) 6th April 2005 2005/275
section 279 6th April 2005 2005/275
section 280 (partially) 15th March 2005 2005/695
section 280 (for all other purposes) 6th April 2005 2005/275
section 282 6th April 2005 2005/275
section 283 1st July 2005 2005/1720
section 284 (partially) 1st July 2005 2005/1720
section 284 (for all other purposes) 6th April 2005 2005/1720
section 285 6th April 2005 2005/275
section 286 1st June 2005 2005/1436
section 298 (partially) 6th April 2005 2005/275
section 300 (partially) 10th February 2005 2005/275
section 300 (partially) 8th March 2005 2005/275
section 300 (partially) 6th April 2005 2005/275
section 300 (partially) 6th April 2005 2005/695
section 301 6th April 2005 2005/275
section 302 (partially) 27th May 2005 2005/1436
section 302 (partially) 1st September 2005 2005/1720
section 307 (partially) 10th February 2005 2005/275
section 307 (partially) 8th March 2005 2005/275
section 307 (partially) 6th April 2005 2005/275
section 318 (partially) 10th February 2005 2005/275
section 318 (partially) 6th April 2005 2005/275
section 318 (partially) 1st June 2005 2005/1436
section 319 (partially) 10th February 2005 2005/275
section 319 (partially) 1st April 2005 2005/275
section 319 (partially) 6th April 2005 2005/275
section 319 (partially) 30th June 2005 2005/1720
section 319 (partially) 12th July 2005 2005/1720
section 319 (partially) 1st September 2005 2005/1720
section 319 (partially) 22nd September 2005 2005/1720
section 320 (partially) 10th February 2005 2005/275
section 320 (partially) 1st April 2005 2005/275
section 320 (partially) 6th April 2005 2005/275
section 320 (partially) 6th April 2005 2005/1108
section 320 (partially) 1st September 2005 2005/1720
section 320 (partially) 6th April 2006 2005/1720
Schedule 1 (partially) 17th December 2004 2004/3350
Schedule 1 (partially) 10th February 2005 2005/275
Schedule 1 (partially) 15th March 2005 2005/695
Schedule 1 (partially) 1st April 2005 2005/275
Schedule 1 (partially) 6th April 2005 2005/275
Schedule 1 (partially) 6th April 2005 2005/695
Schedule 3 6th April 2005 2005/275
Schedule 4 (partially) 17th December 2004 2004/3350
Schedule 4 (partially) 10th February 2005 2005/275
Schedule 4 (partially) 6th April 2005 2005/275
Schedule 5 (partially) 17th December 2004 2004/3350
Schedule 5 (partially) 6th April 2005 2005/275
Schedule 5 (partially) 21st July 2005 2005/1720
Schedule 7 (partially) 10th February 2005 2005/275
Schedule 7 (for all other purposes) 6th April 2005 2005/275
Schedule 9 (partially) 6th April 2005 2005/275
Schedule 9 (partially) 1st September 2005 2005/1720
Schedule 12 (partially) 10th February 2005 2005/275
Schedule 12 (partially) 6th April 2005 2005/275
Schedule 12 (partially) 6th April 2005 2005/695
Schedule 12 (partially) 6th April 2005 2005/1108
Schedule 12 (partially) 30th June 2005 2005/1720
Schedule 12 (partially) 12th July 2005 2005/1720
Schedule 12 (partially) 1st September 2005 2005/1720
Schedule 12 (partially) 22nd September 2005 2005/1720
Schedule 13 (partially) 10th February 2005 2005/275
Schedule 13 (partially) 1st April 2005 2005/695
Schedule 13 (partially) 6th April 2005 2005/275
Schedule 13 (partially) 6th April 2005 2005/695
Schedule 13 (partially) 6th April 2005 2005/1108
Schedule 13 (partially) 1st September 2005 2005/1720
Schedule 13 (partially) 6th April 2006 2005/1720


Notes:

[1] 2004 c.35.back

[2] 1993 c.48.back

[3] 1999 c.30.back

[4] 2000 c.19.back



ISBN 0 11 073317 7


 © Crown copyright 2005

Prepared 8 September 2005


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