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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2006/20060595.html

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STATUTORY INSTRUMENTS


2006 No. 595

PENSIONS

The Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006

  Made 7th March 2006 
  Laid before Parliament 13th March 2006 
  Coming into force 6th April 2006 

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 190, 203(1), 315(2), (4) and (5) and 318(1) of the Pensions Act 2004[1].

     In accordance with section 317(1) of that Act he has consulted such persons as he considers appropriate.

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Pension Protection Fund (Provision of Information) (Amendment) Regulations 2006 and shall come into force on 6th April 2006.

    (2) In these Regulations "the principal Regulations" means the Pension Protection Fund (Provision of Information) Regulations 2005[
2].

Amendment of regulation 3 of the principal Regulations
     2. —(1) Regulation 3 of the principal Regulations (information to be provided by the Board) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (2), for "within the period of 28 days beginning with its receipt of that notice", substitute "within the period specified in paragraph (12)".

    (3) After paragraph (2) insert—

    (4) After paragraph (8)[3] add—

Amendment of Schedule 1 to the principal Regulations
     3. In the first column of the table in paragraph 1(2) of Schedule 1 to the principal Regulations (information to be provided by the Board), in the tenth row, for "party to matrimonial proceedings or who is contemplating such proceedings", substitute "party to matrimonial or civil partnership proceedings or who is contemplating such proceedings".

Amendment of Schedule 2 to the principal Regulations
    
4. —(1) Schedule 2 to the principal Regulations (information to be provided by trustees or managers) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph 1(1), in the definition of "notification date", for "in accordance with regulation 3(3)(b)", substitute "in accordance with regulation 3(3)(b), (10)(b) or (d)".

    (3) In the second column of the table in paragraph 1(2), in the first row, at the end of that row in that column add—

    (4) After the first row insert—

"The Board The number of ill health pensions awarded each year for the previous six years immediately before the assessment date. The period of 28 days beginning on the notification date.".

Amendment of Schedule 3 to the principal Regulations
    
5. —(1) Schedule 3 (information to be provided by members and beneficiaries) to the principal Regulations shall be amended in accordance with the following provisions of this regulation.

    (2) In the second row in the table—



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


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

7th March 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Pension Protection Fund (Provision of Information) Regulations 2005 (S.I. 2005/674) as amended by S.I. 2005/2113 and 2184 ("the principal Regulations").

Regulation 2 amends regulation 3 of the principal Regulations and makes provision as to the information to be provided by the Board in connection with a notice under section 120(2) of the Pensions Act 2004 (c.35) where the occupational pension scheme or section of a segregated scheme is not an eligible scheme or section. In addition, it makes provision as to the information to be provided by the Board in connection with an application or notice under section 129(1) or (4) of the Pensions Act 2004 respectively. It also requires the Board to provide the information within the period of 28 days beginning with the date it receives the application, notice or all the information or documents requested (if any).

Regulation 3 amends Schedule 1 to the principal Regulations to make provision for information to be provided by the Board, upon request, to a member who is a party to, or contemplating, civil partnership proceedings.

Regulation 4 amends Schedule 2 to the principal Regulations to require the trustees or managers of a scheme to provide the Board with information relating to each member of the scheme who is entitled to a reviewable ill health pension if the decision to award that ill health pension was made within the previous three years immediately before the assessment date.

Regulation 5 amends Schedule 3 to the principal Regulations to make provision regarding the information to be provided by members or beneficiaries to the Board where that member's civil partnership is dissolved.

These Regulations have only a negligible impact on the cost of business, charities or the voluntary sector. Publication of a full Regulatory Impact Assessment is not necessary for such legislation.


Notes:

[1] 2004 c.35. The Act is modified in its application to multi-employer schemes by S.I. 2005/441 as amended by S.I. 2005/993 and 2113, in its application to hybrid schemes by S.I. 2005/449, and in its application to partially guaranteed schemes by S.I. 2005/277. Section 318(1) is cited because of the meaning there given to "prescribed" and "regulations".back

[2] S.I. 2005/674, amended by S.I. 2005/2113 and 2184.back

[3] Paragraphs (7) and (8) were added by S.I. 2005/2184.back



ISBN 0 11 074189 7


 © Crown copyright 2006

Prepared 13 March 2006


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