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

(This note is not part of the Order)
The following provisions have been brought into force by the Pensions Act 1995 (Commencement No. 1) Order 1995 (S.I. 1995/2548) (C.51), the Pensions Act 1995 (Commencement No. 2) Order 1995 (S.I. 1995/3104) (C.71) or the Pensions Act 1995 (Commencement No. 3) Order 1996 (S.I. 1996/778) (C.13).


Provision
Date of Commencement
S.I. No.

section 1(1) to (4) and (6)
1st April 1996
1996/778

section 1(5) (partially)
1st April 1996
1996/778

section 2
1st April 1996
1996/778

section 10(2) and (3) (partially)
6th April 1996
1996/778

sections 16 to 21 (partially)
6th April 1996
1996/778

section 27 (partially)
6th April 1996
1996/778

sections 32 and 33 (partially)
6th April 1996
1996/778

section 35 (partially)
6th April 1996
1996/778

sections 37 and 38 (partially)
6th April 1996
1996/778

section 39
1st January 1996
1995/3104

sections 40 and 41 (partially)
6th April 1996
1996/778

section 47 (partially)
6th April 1996
1996/778

sections 49 to 51 (partially)
6th April 1996
1996/778

sections 56 to 61 (partially)
6th April 1996
1996/778

sections 62 to 66 (partially)
4th December 1995
1995/3104

1st January 1996
1995/3104

sections 67 to 69 (partially)
6th April 1996
1996/778

section 73 (partially)
6th April 1996
1996/778

section 74(2), (3) and (5)(b) (partially)
6th April 1996
1996/778

sections 75 to 77 (partially)
6th April 1996
1996/778

sections 87 to 89 (partially)
6th April 1996
1996/778

section 90
2nd October 1995
1995/2548

sections 91 to 95 (partially)
6th April 1996
1996/778

section 117 (partially)
4th December 1995
1995/3104

(partially)
1st January 1996
1995/3104

section 119
6th April 1996
1996/778

section 120
4th December 1995
1995/3104

1st January 1996
1995/3104

6th April 1996
1996/778

section 121
4th December 1995
1995/3104

6th April 1996
1996/778

section 122 (partially)
1st January 1996
1995/3104

section 123(3)
6th April 1996
1996/778

section 124
4th December 1995
1995/3104

1st January 1996
1995/3104

6th April 1996
1996/778

section 136 (partially)
6th April 1996
1996/778

section 137 (partially)
13th March 1996
1996/778

6th April 1996
1996/778

section 138 (partially)
13th April 1996
1996/778

section 139 (partially)
6th April 1996
1996/778

section 140(1) (partially)
6th April 1996
1996/778

section 140(2)
13th March 1996
1996/778

6th April 1996
1996/778

section 141 (partially)
6th April 1996
1996/778

sections 142 to 144
13th March 1996
1996/778

6th April 1996
1996/778

section 146
13th March 1996
1996/778

6th April 1996
1996/778

section 148
6th April 1996
1996/778

section 149 (partially)
1st June 1996
1996/778

sections 152 to 154 (partially)
6th April 1996
1996/778

section 155 (partially)
6th April 1996
1996/778

section 156
2nd October 1995
1995/2548

section 169
2nd October 1995
1995/2548

section 172
2nd October 1995
1995/2548

section 173 (partially)
2nd October 1995
1995/2548

6th April 1996
1996/778

section 174
4th December 1995
1995/3014

1st January 1996
1995/3104

6th April 1996
1996/778

section 175
2nd October 1995
1995/2548

4th December 1995
1995/3104

1st January 1996
1995/3104

6th April 1996
1996/778

section 176
6th April 1996
1996/778

section 177 (partially)
6th April 1996
1996/778

Schedule 1 paragraphs 1 to 12, 14 to 17, 19 and 20
1st April 1996
1996/778

Schedule 3 (partially)
1st January 1996
1995/3104

Schedule 5 (partially)
6th April 1996
1996/778

Schedule 6 paragraph 1
2nd October 1995
1995/2548

paragraphs 4, 5 and 6(c) and (e)
6th April 1996
1996/778

paragraph 9
6th April 1996
1996/778

Schedule 7 Part III (partially)
6th April 1996
1996/778


(1)
1995 c. 26.