|
|
|
|
|
|
|
Navigation
News
|
 |
Pensions Act 2004 (c. 35)(The document as of February, 2008) Page 24 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 | P.31 | P.32 | P.33 | P.34 and, in relation to a shared additional pension, "period of deferment" shall be construed accordingly. " (3) In paragraph 6 of Schedule 4 to the Pensions Act 1995 (c. 26) (which, with effect from 6th April 2010, amends the existing law regarding the deferment of pensions), for sub-paragraph (5) (commencement) substitute-- " (5) The preceding sub-paragraphs shall come into force as follows-- (a) sub-paragraphs (1) and (4) shall come into force on 6th April 2005; (b) sub-paragraphs (2) and (3) shall have effect in relation to incremental periods (within the meaning of Schedule 5 to the Social Security Contributions and Benefits Act 1992 (c. 4)) beginning on or after that date. " (4) Schedule 11 (which contains further amendments relating to the deferral of retirement pensions and shared additional pensions) has effect. Miscellaneous298 Disclosure of state pension information(1) Section 42 of the Child Support, Pensions and Social Security Act 2000 (c. 19) (disclosure of state pension information) is amended as follows. (2) In subsection (2), for the words from the beginning to "information", substitute, "The Secretary of State may, in the prescribed manner, disclose or authorise the disclosure of any information". (3) After subsection (3) insert-- " (3A) For the purposes of this section and of any regulations made under it, anything done by or in relation to a person who-- (a) provides, or proposes to provide, relevant services to a person falling within subsection (3) ("the qualifying person"), and (b) is authorised in writing by the qualifying person to act for the purposes of this section, is treated as done by or in relation to the qualifying person. In paragraph (a) "relevant services" means services that may involve the giving of advice or forecasts to which information to which this section applies may be relevant. " (4) In subsection (7)-- (a) omit the "and" at the end of paragraph (c), and (b) after paragraph (d) insert-- " , and (e) a projection of the amount of any lump sum to which that individual is likely to become entitled, or might become entitled in particular circumstances. " (5) In subsection (11)-- (a) for the definitions of "basic retirement pension" and "additional retirement pension", substitute-- " "additional retirement pension" means any additional pension or shared additional pension under the Social Security Contributions and Benefits Act 1992, or any graduated retirement benefit under sections 36 and 37 of the National Insurance Act 1965; "basic retirement pension" means any basic pension under the Social Security Contributions and Benefits Act 1992; " , (b) after the definition of "employer", insert-- " "lump sum" means a lump sum under Schedule 5 or 5A to the Social Security Contributions and Benefits Act 1992; " , and (c) for the definitions of "trustee" and "manager", substitute-- " "trustee or manager", in relation to an occupational or personal pension scheme, means-- (a) in the case of a scheme established under a trust, the trustee or trustees of the scheme, and (b) in any other case, the person or persons responsible for the management of the scheme. " 299 Claims for certain benefits following termination of reciprocal agreement with Australia(1) This section applies to claims for-- (a) retirement pension, (b) bereavement benefit, or (c) widow's benefit, made on or after 1st March 2001 (the date from which the termination of the reciprocal agreement with Australia had effect). (2) This section also applies to claims for retirement pension or widow's benefit made before 1st March 2001 if the claimant only became entitled to the pension or benefit on or after that date. (3) For the purposes of such claims-- (a) the relevant provisions of the reciprocal agreement with Australia shall be treated as continuing in force as provided by this section; and (b) the relevant UK legislation shall have effect as if modified to the extent required to give effect to those provisions (as they continue in force by virtue of this section). (4) The relevant provisions of that agreement are treated as continuing in force as follows-- (a) references to periods during which a person was resident in Australia are only to periods spent in Australia before 6th April 2001 and forming part of a period of residence in Australia which began before 1st March 2001; (b) Articles 3(3) and 5(2) (entitlement by virtue of previous receipt of pension in Australia) apply only to persons who were last in Australia during a period falling within paragraph (a) above; (c) references to the territory of the United Kingdom do not include the islands of Jersey, Guernsey, Alderney, Herm or Jethou; (d) references to widow's benefit, widow's payment, widow's pension and widowed mother's allowance include, respectively, bereavement benefit, bereavement payment, bereavement allowance and widowed parent's allowance; (e) for the purposes of claims by a widower-- (i) for retirement pension by virtue of his wife's insurance, or (ii) for bereavement benefit, references to widows and husbands include, respectively, widowers and wives. (5) An order made under-- (a) section 179 of the Social Security Administration Act 1992 (c. 5), or (b) section 155 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), may, in consequence of a change in the law of Great Britain or, as the case may be, Northern Ireland, modify the relevant provisions of the reciprocal agreement with Australia as they are treated as continuing in force for the purposes of claims to which this section applies. (6) For the purposes of this section-- (a) "the reciprocal agreement with Australia" means the agreement set out in Schedule 1 to the Social Security (Australia) Order 1992 (S.I. 1992/ 1312) and the Social Security (Australia) Order (Northern Ireland) 1992 (S.R. 1992 No. 269) (as amended by the exchange of notes set out in Schedule 3 to those Orders); (b) "the relevant provisions" of that agreement are the provisions of Articles 1, 3, 5, 8, 18, 20 and 24, so far as they relate to the United Kingdom; (c) "the relevant UK legislation" is-- (i) the Social Security Contributions and Benefits Act 1992 (c. 4); (ii) the Social Security Administration Act 1992; (iii) the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7); and (iv) the Social Security Administration (Northern Ireland) Act 1992; and, for the purposes of subsection (5), a change in the law of Great Britain or Northern Ireland includes any change made after the date of the reciprocal agreement with Australia. (7) In this section--
(8) This section shall be deemed to have had effect at all times on and after 1st March 2001. (9) Nothing in this section affects Article 2(2) of the Social Security (Australia) Order 2000 (S.I. 2000/3255) or Article 2(2) of the Social Security (Australia) Order (Northern Ireland) 2000 (S.R. 2000 No. 407) (which provide for cases where a person was in receipt of benefit on 28th February 2001 or had claimed a benefit to which he was entitled on or before that date). Part 9 Miscellaneous and supplementaryDissolution of existing bodies300 Dissolution of OPRA(1) The Occupational Pensions Regulatory Authority ("OPRA") is hereby dissolved. (2) An order under section 322 which appoints the day on which subsection (1) comes into force may provide-- (a) for all property, rights and liabilities to which OPRA is entitled or subject immediately before that day to become the property, rights and liabilities of the Regulator or the Secretary of State, and (b) for any function of OPRA falling to be exercised on or after that day, or which fell to be exercised before that day but has not been exercised, to be exercised by the Regulator, the Secretary of State or the Department for Social Development in Northern Ireland. (3) Subject to subsection (4), information obtained by the Regulator by virtue of subsection (2) is to be treated for the purposes of sections 82 to 87 (disclosure of information) as having been obtained by the Regulator in the exercise of its functions from the person from whom OPRA obtained it. (4) Information obtained by the Regulator by virtue of subsection (2) which was supplied to OPRA for the purposes of its functions by an authority exercising functions corresponding to the functions of OPRA in a country or territory outside the United Kingdom (the "overseas authority") is to be treated for the purposes mentioned in subsection (3) as having been supplied to the Regulator for the purposes of its functions by the overseas authority. (5) Where tax information disclosed to OPRA is obtained by the Regulator by virtue of subsection (2), subsection (3) does not apply and subsections (3) and (4) of section 88 apply as if that information had been disclosed to the Regulator by virtue of subsection (2) of that section. For this purpose "tax information" has the same meaning as in that section. 301 Transfer of employees from OPRA to the Regulator(1) For the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794) ("TUPE"), the transfer of functions from OPRA to the Regulator ("the transfer") is to be treated as a transfer of an undertaking. (2) The provisions of Regulation 7 of TUPE (exclusion of occupational pension schemes) shall not apply in relation to the transfer. 302 Dissolution of the Pensions Compensation Board(1) The Pensions Compensation Board is hereby dissolved. (2) An order under section 322 appointing the day on which subsection (1) is to come into force may provide-- (a) for all property, rights and liabilities to which the Pensions Compensation Board is entitled or subject immediately before that day to become property, rights and liabilities of the Board, and (b) for any function of the Pensions Compensation Board falling to be exercised on or after that day, or which fell to be exercised before that day but has not been exercised, to be exercised by the Board. (3) Information obtained by the Board by virtue of subsection (2) is to be treated for the purposes of sections 197 to 201 and 203 (disclosure of information) as having been obtained by the Board in the exercise of its functions from the person from whom the Pensions Compensation Board obtained it. (4) Where tax information disclosed to the Pensions Compensation Board is obtained by the Board by virtue of subsection (2), subsection (3) does not apply, and subsections (3) and (4) of section 202 apply as if that information had been disclosed to the Board by virtue of subsection (2) of that section. For this purpose "tax information" has the same meaning as in that section. (5) Where the Pensions Compensation Board's disclosure under section 114(3) of the Pensions Act 1995 (c. 26) of information to which subsection (3) applies was subject to any express restriction, the Board's powers of disclosure under sections 198 to 201 and 203, in relation to that information, are subject to the same restriction. Service of notifications etc and electronic working303 Service of notifications and other documents(1) This section applies where provision made (in whatever terms) by or under this Act authorises or requires-- (a) a notification to be given to a person, or (b) a document of any other description (including a copy of a document) to be sent to a person. (2) The notification or document may be given to the person in question-- (a) by delivering it to him, (b) by leaving it at his proper address, or (c) by sending it by post to him at that address. (3) The notification or document may be given or sent to a body corporate by being given or sent to the secretary or clerk of that body. (4) The notification or document may be given or sent to a firm by being given or sent to-- (a) a partner in the firm, or (b) a person having the control or management of the partnership business. (5) The notification or document may be given or sent to an unincorporated body or association by being given or sent to a member of the governing body of the body or association. (6) For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is-- (a) in the case of a body corporate, the address of the registered or principal office of the body, (b) in the case of a firm, or an unincorporated body or association, the address of the principal office of the firm, body or association, (c) in the case of any person to whom the notification or other document is given or sent in reliance on any of subsections (3) to (5), the proper address of the body corporate, firm or (as the case may be) other body or association in question, and (d) in any other case, the last known address of the person in question. (7) In the case of-- (a) a company registered outside the United Kingdom, (b) a firm carrying on business outside the United Kingdom, or (c) an unincorporated body or association with offices outside the United Kingdom, the references in subsection (6) to its principal office include references to its principal office within the United Kingdom (if any). (8) In this section "notification" includes notice; and references in this section to sending a document to a person include references to making an application to him. (9) This section has effect subject to section 304. 304 Notification and documents in electronic form(1) This section applies where-- (a) section 303 authorises the giving or sending of a notification or other document by its delivery to a particular person ("the recipient"), and (b) the notification or other document is transmitted to the recipient-- (i) by means of an electronic communications network, or (ii) by other means but in a form that nevertheless requires the use of apparatus by the recipient to render it intelligible. (2) The transmission has effect for the purposes of this Act as a delivery of the notification or other document to the recipient, but only if the requirements imposed by or under this section are complied with. (3) Where the recipient is a relevant authority-- (a) it must have indicated its willingness to receive the notification or other document in a manner mentioned in subsection (1)(b), (b) the transmission must be made in such manner, and satisfy such other conditions, as it may require, and (c) the notification or other document must take such form as it may require. (4) Where the person making the transmission is a relevant authority, it may (subject to subsection (5)) determine-- (a) the manner in which the transmission is made, and (b) the form in which the notification or other document is transmitted. (5) Where the recipient is a person other than a relevant authority-- (a) the recipient, or (b) the person on whose behalf the recipient receives the notification or other document, must have indicated to the person making the transmission the recipient's willingness to receive notifications or documents transmitted in the form and manner used. (6) An indication given to any person for the purposes of subsection (5)-- (a) must be given to that person in such manner as he may require, (b) may be a general indication or one that is limited to notifications or documents of a particular description, (c) must state the address to be used and must be accompanied by such other information as that person requires for the making of the transmission, and (d) may be modified or withdrawn at any time by a notice given to that person in such manner as he may require. (7) An indication, requirement or determination given, imposed or made by a relevant authority for the purposes of this section is to be given, imposed or made by being published in such manner as it considers appropriate for bringing it to the attention of the persons who, in its opinion, are likely to be affected by it. (8) Where both the recipient and the person making the transmission are relevant authorities-- (a) subsections (3) and (4) do not apply, and (b) the recipient must have indicated to the person making the transmission the recipient's willingness to receive notifications or documents transmitted in the form and manner used. (9) Subsection (8) of section 303 applies for the purposes of this section as it applies for the purposes of that section. (10) In this section, "relevant authority" means the Regulator, the Board or the Secretary of State and in the application of this section to Northern Ireland by virtue of section 323(2)(g)(ii) also includes the Department for Social Development in Northern Ireland. (11) In this section and section 305, "electronic communications network" has the same meaning as in the Communications Act 2003 (c. 21). 305 Timing and location of things done electronically(1) The Secretary of State may by order make provision specifying, for the purposes of any enactment contained in, or made under, this Act, the manner of determining-- (a) the times at which things done under that enactment by means of electronic communications networks are done, and (b) the places at which such things are so done, and at which things transmitted by means of such networks are received. (2) The provision made under subsection (1) may include provision as to the country or territory in which an electronic address is to be treated as located. (3) An order made by the Secretary of State may also make provision about the manner of proving in any legal proceedings-- (a) that something done by means of an electronic communications network satisfies the requirements of an enactment contained in, or made under, this Act for the doing of that thing, and (b) the matters mentioned in subsection (1)(a) and (b). (4) An order under this section may provide for such presumptions to apply (whether conclusive or not) as the Secretary of State considers appropriate. General306 Overriding requirements(1) Where any provision mentioned in subsection (2) conflicts with the provisions of an occupational or personal pension scheme-- (a) the provision mentioned in subsection (2), to the extent that it conflicts, overrides the provisions of the scheme, and (b) the scheme has effect with such modifications as may be required in consequence of paragraph (a). (2) The provisions referred to in subsection (1) are those of-- (a) any order made by the Regulator under Part 1; (b) any regulations made under section 19(7); (c) any regulations made under section 21(4); (d) any regulations made under section 24(7); (e) any direction issued by the Regulator under section 41(4); (f) any direction issued by the Regulator under section 50(4); (g) Part 2 (other than Chapter 1), any subordinate legislation made under that Part and any direction given under section 134 or 154; (h) Part 3 and any subordinate legislation made under that Part; (i) any regulations under section 237; (j) sections 241 and 242, any regulations made under sections 241 to 243 and any arrangements under sections 241 and 242; (k) sections 247 and 248 and any regulations under sections 247 to 249; (l) sections 256 and 258; (m) any ring-fencing notice issued by the Regulator under section 292; (n) any regulations under section 286, 307, 308, 315(6) or 318(4) or (5) and any order under section 322(5). (3) Subsection (1) is without prejudice to section 32(1) (overriding effect of freezing orders made by the Regulator) and section 154(12) (overriding effect of requirement to wind up pension scheme under Part 2). (4) In the case of a company to which section 242 (requirement for member-nominated directors of corporate trustees) applies, where any provision mentioned in subsection (5) conflicts with the provisions of the company's memorandum or articles of association-- (a) the provision mentioned in subsection (5), to the extent that it conflicts, overrides the provisions of the memorandum or articles, and (b) the memorandum or articles have effect with such modifications as may be required in consequence of paragraph (a). (5) The provisions referred to in subsection (4) are those of-- (a) section 242; (b) any regulations made under section 242 or 243; (c) any arrangements under section 242. 307 Modification of this Act in relation to certain categories of schemes(1) Regulations may modify any of the provisions mentioned in subsection (2) as it applies in relation to-- (a) hybrid schemes; (b) multi-employer schemes; (c) any case where a partnership is the employer, or one of the employers, in relation to an occupational pension scheme. (2) The provisions referred to in subsection (1) are those of-- (a) Part 1 (the Pensions Regulator), (b) Part 2 (the Board of the Pension Protection Fund), other than Chapter 1, (c) sections 257 and 258 (pension protection), (d) sections 259 and 261 (consultation by employers), (e) section 286 (financial assistance scheme for members of certain pension schemes), and (f) Part 7 (cross-border activities within European Union). (3) Regulations may also modify any of the provisions of Part 2 as it applies in relation to an eligible scheme in respect of which a relevant public authority has-- (a) given a guarantee in relation to any part of the scheme, any benefits payable under the scheme rules or any member of the scheme, or (b) made any other arrangements for the purposes of securing that the assets of the scheme are sufficient to meet any part of its liabilities. (4) In this section--
308 Modification of pensions legislation that refers to employers(1) Regulations may modify any provision of pensions legislation for the purpose of ensuring that it, or another provision of pensions legislation, does not purport to refer to the employer of a self-employed person. (2) Where a provision of pensions legislation contains a reference to an employer in connection with an occupational pension scheme, regulations may modify the provision, or another provision of pensions legislation, for the purpose of excluding from the reference an employer who is a person-- (a) who does not participate in the scheme as regards people employed by him, or (b) who, as regards people employed by him, participates in the scheme only to a limited extent. (3) For the purposes of this section-- (a) "pensions legislation" means any enactment contained in or made by virtue of-- (i) the Pension Schemes Act 1993 (c. 48), (ii) Part 1 of the Pensions Act 1995 (c. 26), other than sections 62 to 66A of that Act (equal treatment), (iii) Part 1 of the Welfare Reform and Pensions Act 1999 (c. 30), or (iv) this Act; (b) a person is "self-employed" if he is in an employment but is not employed in it by someone else; (c) a person who holds an office (including an elective office), and is entitled to remuneration for holding it, shall be taken to be employed by the person responsible for paying the remuneration. (4) In subsection (3)(b) "employment" includes any trade, business, profession, office or vocation. 309 Offences by bodies corporate and partnerships(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as to a director of a body corporate. (3) Where an offence under this Act committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly. (4) In this section "Scottish partnership" means a partnership constituted under the law of Scotland. 310 Admissibility of statements(1) A statement made by a person in compliance with an information requirement is admissible in evidence in any proceedings, so long as it also complies with any requirements governing the admissibility of evidence in the circumstances in question. (2) But in proceedings to which this subsection applies-- (a) no evidence relating to the statement may be adduced, and (b) no question relating to it may be asked, by or on behalf of the prosecution or (as the case may be) the Regulator, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person. (3) Subsection (2) applies to-- (a) criminal proceedings in which that person is charged with a relevant offence, or (b) proceedings as a result of which that person may be required to pay a financial penalty under or by virtue of-- (i) section 168 of the Pension Schemes Act 1993 (c. 48) (breach of regulations) or section 10 of the Pensions Act 1995 (c. 26) (civil penalties), or (ii) any provision in force in Northern Ireland corresponding to a provision mentioned in sub-paragraph (i). (4) In this section--
| |
Other
|