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Amendment of the Pensions Act 1995
     3. In section 49(8A)(c) of the Pensions Act 1995[3] (other responsibilities of trustees, employers, etc.) for "a member state" substitute "an EEA state".

Amendment of the Pensions Act 2004
     4. In the Pensions Act 2004[4]—

(a) in section 253(1) and (6) (non-European scheme to be trust with UK-resident trustee) for "the member States" substitute "the EEA states";

(b) in section 254(1) (representative of non-European scheme to be treated as trustee) for "the member States" substitute "the EEA states";

(c) in section 287(6) (occupational pension scheme receiving contributions from European employer)—


(i) for ""host member State"" substitute ""host EEA state"";

(ii) for "a member State" substitute "an EEA state";



(d) in section 289(1)(c) and (2)(a)(i) (approval in relation to particular European employer) for "host member State" substitute "host EEA state";

(e) in section 290(1)(a) and (b) and (2)(b) (notification of legal requirements of host member State outside United Kingdom) for "host member State" substitute "host EEA state";

(f) in section 291(1) (duty of trustees or managers to act consistently with law of host member State) for "host member State" substitute "host EEA state";

(g) in section 293 (functions of Regulator in relation to institutions administered in other member States)—



(i) in paragraph (1) for "host member State" substitute "host EEA state";

(ii) in paragraph (2) for "another member State" substitute "another EEA state";

(iii) in paragraph (4)(b) for "the member State" substitute "the EEA state";

(iv) in paragraph (8) for "a member State" substitute "an EEA state";



(h) in section 294(1) (stopping disposal of assets of institutions administered in other member States)—



(i) for "a member State" substitute "an EEA state";

(ii) for "that member State" substitute "that EEA state";



(i) in section 295 (interpretation of Part 7)—



(i) for "a member State" in both places substitute "an EEA state";

(ii) for ""host member State"" substitute ""host EEA state"".

Amendment of the Occupational Pension Schemes (Cross-border Activities) Regulations 2005
     5. —(1) The Occupational Pension Schemes (Cross-border Activities) Regulations 2005[5] shall be amended in accordance with the provisions of this regulation.

    (2) In regulation 2(1) (interpretation)—

(a) for ""host member State"" substitute ""host EEA state"";

(b) in the definition of "qualifying person"—


(i) for "a member State" in both places substitute "an EEA state";

(ii) for "that member State" substitute "that EEA state";



(c) in the definition of "qualifying self-employed person"—



(i) for "a member State" substitute "an EEA state";

(ii) for "that member State" in both places substitute "that EEA state";



(d) in the definition of "seconded worker" for "a member State" substitute "an EEA state".

    (3) In regulation 3 (meaning of "European employer" and "host member State" in Part 7 of the Pensions Act 2004)—

(a) in paragraph (1)—


(i) for "host member State" substitute "host EEA state";

(ii) for "that member State" in both places substitute "that EEA state";



(b) in paragraph (5)—



(i) for ""host member State"" substitute ""host EEA state"";

(ii) for "the member State or States" in both places substitute "the EEA state or states".

    (4) In regulation 12(2) (conditions for approval in relation to particular European employer) for "host member State" substitute "host EEA state".

    (5) In regulation 13 (revocation of approval in relation to particular European employer)—

(a) in paragraphs (1), (4), (5) and (6) for "host member State" in each place where those words appear substitute "host EEA state";

(b) in paragraph (7) for "host member States" in both places substitute "host EEA states".

    (6) In paragraph 6 of Schedule 1 (additional information to be contained in applications for authorisation or approval)—

(a) in sub-paragraphs (2)(c) and (7)(b), (c), (f), (h) and (i) for "host member State" substitute "host EEA state";

(b) in sub-paragraph (7)(a) for "member States" substitute "EEA states".

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


Mike O'Brien
Minister of State, Department for Work and Pensions

22nd October 2007

(a) section 1(1)[7] (definition of "occupational pension scheme");

(b) section 19(4)(a)(i)[8] (discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts);

(c) section 32A(2)(a)(i)[9] (discharge of protected rights on winding up: insurance policies).

     2. Paragraph 6(2)(a) of Schedule 5 to the Welfare Reform and Pensions Act 1999[10] (qualifying arrangements).

     3. Regulation 1(2) of the Occupational Pension Schemes (Contracting-out) Regulations 1996[11] (definition of "overseas scheme").

     4. Regulation 1(2) of the Protected Rights (Transfer Payment) Regulations 1996[12] (definition of "overseas scheme").

     5. Regulation 1(2) of the Contracting-out (Transfer and Transfer Payment) Regulations 1996[13] (definition of "overseas scheme").

     6. Regulation 2(2)(b) of the Pension Schemes (Categories) Regulations 2005[14] (prescription of certain pension schemes as occupational pension schemes).

     7. The following provisions of the Occupational Pension Schemes (Scheme Funding) Regulations 2005[15]—

(a) regulation 17(1)(d)(i) (exemptions – general);

(b) paragraph 4(2)(b) and (d)(i) and (3)(a) of Schedule 2 (modifications of the Pensions Act 2004 and Regulations: schemes covering United Kingdom and foreign employment).

     8. Regulation 15(1)(d)(i) of the Occupational Pension Schemes (Regulatory Own Funds) Regulations 2005[16] (exemptions).

     9. Regulation 4(1)(e) of the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006[17] (excluded employers: occupational pension schemes).

[2] 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51).back

[3] 1995 c.26. Section 49(8A) was inserted by S.I. 2001/3649.back

[4] 2004 c.35.back

[5] S.I. 2005/3381; the relevant amending instrument is S.I. 2007/814.back

[6] 1993 c.48.back

[7] The definition of "occupational pension scheme" was substituted by section 239 of the Pensions Act 2004.back

[8] Section 19(4) was amended by S.I. 2001/3649.back

[9] Section 32A was inserted by section 146 of the Pensions Act 1995 and amended by S.I. 2001/3649.back

[10] 1999 c.30. Paragraph 6 was amended by S.I. 2001/3649.back

[11] S.I. 1996/1172; the relevant amending instrument is S.I. 2007/814.back

[12] S.I. 1996/1461; the relevant amending instrument is S.I. 2007/814.back

[13] S.I. 1996/1462; the relevant amending instrument is S.I. 2007/814.back

[14] S.I. 2005/2401, to which there are amendments not relevant to these Regulations.back

[15] S.I. 2005/3377, to which there are amendments not relevant to these Regulations.back

[16] S.I. 2005/3380, to which there are amendments not relevant to these Regulations.back

[17] S.I. 2006/349, to which there are amendments not relevant to these Regulations.back

 © Crown copyright 2007