Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
State pension
Entitlement to Category A and B retirement pensions
Schedule 3 to the SSCBA (contribution conditions) is amended as follows.
In paragraph 5 (contribution conditions for, among other things, Category A or B retirement pension) in sub-paragraph (1), after “retirement pension” insert “ (other than one in relation to which paragraph 5A applies) ”.
After paragraph 5 insert—
Part 1 of Schedule 1 contains consequential amendments.
Section 48A of the SSCBA (Category B retirement pension for married person or civil partner) is amended as follows.
In each of subsections (2)(a) and (2B)(a) (whose effect is to require the other spouse or other civil partner to have claimed a Category A retirement pension) omit “and become entitled to a Category A retirement pension”.
Omit subsection (5) (restriction on when Category B retirement pension for married person or civil partner is payable).
Part 2 of Schedule 1 contains consequential amendments.
The amendments made by this section and that Part of that Schedule have effect as from 6th April 2010.
Section 48A(2) and (2B), as amended by this section, applies whether the person mentioned in section 48A(1) or (2A) attained pensionable age before 6th April 2010 or on or after that date.
Credits for basic state pension
After section 23 of the SSCBA insert—
In paragraph 5 of Part 1 of Schedule 3 to that Act (contribution conditions for entitlement to, among other things, widowed parent's allowance, bereavement allowance and Category A or B retirement pension) at the end of sub-paragraph (7) (home responsibilities protection) insert— “ But nothing in this sub-paragraph applies in relation to any benefit to which section 23A above applies. ”
Part 3 of Schedule 1 contains consequential amendments.
Abolition of adult dependency increases
The following provisions of the SSCBA are to cease to have effect on 6th April 2010—
section 83 (pension increase: wife),
section 84 (pension increase: husband), and
section 85 (pension increase: person with care of children or qualifying young persons).
Paragraph 2 of Part 2 of Schedule 4 to the Pensions Act 1995 (c. 26) (which replaces sections 83 and 84 of the SSCBA with a new section 83A equalising pension increases for dependent spouses and civil partners with effect from 6th April 2010) is omitted.
Part 4 of Schedule 1 contains consequential amendments.
The amendments made by that Part of that Schedule have effect as from 6th April 2010.
Nothing in—applies in relation to a qualifying person at any time falling on or after 6th April 2010 but before the appropriate date.
the repeals in subsection (1),
the amendments in Part 4 of Schedule 1, or
the repeals in Part 2 of Schedule 7,
In subsection (5) a “qualifying person” means a person who—
has, before 6th April 2010, made a claim for a relevant increase in accordance with section 1 of the Administration Act; and
immediately before that date is either—
entitled to the increase claimed, or
a beneficiary to whom section 92 of the SSCBA (continuation of awards where fluctuating earnings) applies in respect of that increase.
In subsection (5) “the appropriate date” means the earlier (or earliest) of—
6th April 2020;
the date when the qualifying person ceases to be either entitled to the relevant increase or a beneficiary to whom section 92 of the SSCBA applies in respect of it;
where the relevant increase is payable to the qualifying person under section 83 of that Act, the date on which his wife attains pensionable age.
In this section “relevant increase” means an increase in a Category A or Category C retirement pension under section 83, 84 or 85 of the SSCBA.
Up-rating of basic state pension and other benefits
After section 150 of the Administration Act insert—
Part 5 of Schedule 1 contains consequential and related amendments.
The section 150A inserted by subsection (1) and the amendments made by Part 5 of Schedule 1, so far as relating to the amounts referred to in section 150A(1)(a) to (c), have effect in relation to the designated tax year and subsequent tax years (with the result that the first review to be carried out under section 150A(1) in relation to those amounts is to be carried out in the designated tax year).
“The designated tax year” means such tax year as the Secretary of State may designate by an order made before 1st April 2011.
The Secretary of State must exercise his power under subsection (4) in such a way as to secure that the tax year immediately following the designated tax year is one that begins before the relevant dissolution date.
“The relevant dissolution date” means the latest date on which, having regard to the maximum period for which a Parliament may exist, the Parliament in existence at the time of exercise of the power could be dissolved.
The new section 150A inserted by subsection (1) and the amendments made by Part 5 of Schedule 1, so far as relating to the amounts mentioned in section 150A(1)(d), have effect in relation to the tax year in which this Act is passed and subsequent tax years.
Section 150 of the Administration Act (up-rating by reference to prices) is amended as follows.
In subsection (1) (annual reviews)—
in paragraph (a), for sub-paragraphs (i) and (ii) substitute—;
before paragraph (b) insert—; and
in paragraph (l), at the end insert “ (other than those prescribing the amounts mentioned in section 150A(1)(d) below) ”.
In subsection (3) (sums to which requirement to up-rate applies)—
in paragraph (a), for “1 to 6” substitute “ 1 to 5 ” and at the end insert “ (excluding the provisions of Parts 1 and 5 of the Schedule that specify amounts mentioned in section 150A(1) below) ”; and
in paragraph (b), before “(b), (c),” insert “ (ab), ”.
In subsection (7) (sums that may be up-rated) at the end insert— “ The reference to regulations under the State Pension Credit Act 2002 does not include those prescribing the amounts mentioned in section 150A(1)(d) below. ”
In section 39 of the SSCBA (rate of widowed mother's allowance and widow's pension) after subsection (2) insert—
In section 39C of the SSCBA (rate of widowed parent's allowance and bereavement allowance)—
for subsection (2) substitute—; and
in subsection (3), for the words “or (as the case may be) section 44 below by virtue of subsection (1) or (2) above” substitute “ by virtue of subsection (1) above ”.
Subsections (2)(a) and (b), (3), (5) and (6) have effect in relation to the designated tax year (see section 5(4)) and subsequent tax years.
Subsections (2)(c) and (4) have effect in relation to the tax year in which this Act is passed and subsequent tax years.
The Secretary of State must exercise his power to prescribe amounts for the purposes of the new sections 39(2A) and 39C(1A) (inserted by subsections (5) and (6)) in such a way as to secure that, at any time before the coming into force of the first provision made under the new section 150A that alters the amount of the basic pension, the amounts prescribed are equal to the amount of the basic pension for the time being.
In subsection (9)—“the amount of the basic pension” means the first amount specified in section 44(4) of the SSCBA (weekly rate of Category A retirement pension);“the new section 150A” means the section 150A inserted by section 5(1).
Section 5 of the SSCBA (earnings limits and thresholds for Class 1 contributions) is amended as follows.
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Omit subsection (2) (link between lower earnings limit and weekly rate of basic pension).
Subsections (2) and (3) have effect in relation to the tax year following the designated tax year (see section 5(4)) and subsequent tax years.
In section 176(1) of the SSCBA (instruments subject to affirmative procedure), before paragraph (a) insert—.
Section 5 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) (earnings limits and thresholds for Class 1 contributions) is amended as follows.
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Omit subsection (2) (link between lower earnings limit and weekly rate of basic pension).
Subsections (2) and (3) have effect in relation to the tax year following the designated tax year (see section 5(4)) and subsequent tax years.
In section 172 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Assembly, etc. control of regulations and orders)—
in subsection (9) for “(11), (11A) and” substitute “ (11) to ”; and
after subsection (11) insert—
Additional pension: deemed earnings factors
After section 44A of the SSCBA insert—
Part 6 of Schedule 1 contains consequential and related amendments.
Additional pension: simplification of accrual rates
Schedule 4A to the SSCBA (additional pension) is amended as follows.
In Part 2 (surplus earnings factor) in paragraph 2 (calculation of amount where there is a surplus in pensioner's earnings factor)—
in sub-paragraph (4), after “2009” insert “where the tax year concerned falls before 2010-11 ”;
after sub-paragraph (4) insert—;
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In Part 3 (contracted-out employment) in paragraph 5 (calculation of amount A)—
in sub-paragraph (4), after “2009” insert “ where the tax year concerned falls before 2010-11 ”;
after sub-paragraph (4) insert—.
In paragraph 7 (calculation of amount B second case)—
in sub-paragraph (4), after “2009” insert “ where the tax year concerned falls before 2010-11 ”;
after sub-paragraph (4) insert—.
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For the heading for that Schedule substitute “Additional pension: accrual rates for purposes of section 45(2)(c)”.
Section 45 of the SSCBA (the additional pension in a Category A retirement pension) is amended as follows.
In subsection (2) (calculation of the weekly rate of additional pension) after paragraph (c) insert
In subsection (3A) (tax years for which weekly rate is calculated by reference to Schedule 4A) at the end of paragraph (b) insert “ before the flat rate introduction year ”.
In section 122 of the SSCBA (interpretation of Parts 1 to 6) in subsection (1) at the appropriate place insert—.
In Schedule 2 to this Act—
Part 1 inserts a new Schedule 4B into the SSCBA;
Part 2 makes provision for up-rating the flat rate accrual amount introduced by the new Schedule 4B; and
Part 3 contains consequential and related amendments.
In section 22 of the SSCBA (earnings factors)—
in subsection (2A) (person's earnings factors to be treated as derived only from so much of his earnings as did not exceed the upper earnings limit etc.) for “the upper earnings limit” substitute “ the applicable limit ”; and
after that subsection insert—
In section 44 of the SSCBA (Category A retirement pension)—
in subsection (6) (meaning of references to earnings factors) in paragraph (za) for “the upper earnings limit” substitute “ the applicable limit ”;
in subsection (7), at the end insert—
In section 122 of the SSCBA (interpretation of Parts 1 to 6)—
in subsection (1), at the appropriate place insert—;
after subsection (6) insert—
Part 7 of Schedule 1 contains consequential amendments.
Subsection (6) applies if it appears to the Secretary of State that (apart from that subsection) he would be required to make an order under section 148A of the Administration Act (revaluation of low earnings threshold) by virtue of which the low earnings threshold for the following tax year would be an amount not less than the upper accrual point.
In that event the Secretary of State—
is not required to make such an order under section 148A of the Administration Act, and
instead must make an order abolishing the low earnings threshold and the upper accrual point as from the beginning of the following tax year.
An order under subsection (6) may make—as the Secretary of State thinks necessary or expedient in connection with, or in consequence of, the abolition of the low earnings threshold and the upper accrual point.
such consequential, incidental or supplemental provision, and
such transitional, transitory or saving provision,
An order under subsection (6) may in particular amend, repeal or revoke any provision of any Act or subordinate legislation (whenever passed or made).
No order may be made under subsection (6) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
In this section—“the low earnings threshold” has the meaning given by section 44A(5) of the SSCBA;“the upper accrual point” has the meaning given by section 122(7) and (8) of that Act.
Increase in state pension age
Part 8 of Schedule 1 contains consequential amendments.
The amendments made by that Part of that Schedule have effect as from 6th December 2018.
Occupational and personal pension schemes
Contracting-out
After section 13(1) of the Pension Schemes Act 1993 (c. 48) (contracted-out scheme: requirement for guaranteed minimum pension) insert—
After section 17(1) of that Act (minimum pension for survivors) insert—
Before section 25 of that Act (before the italic cross-heading) insert—
At the end of section 47 of that Act (deductions from social security payments) add—
In section 97(5) of the Pensions Act 2004 (c. 35) (Pensions Regulator: special procedure) after paragraph (t) insert—.
At the end of Part 1 of Schedule 2 to that Act (reserved regulatory functions: Pension Schemes Act 1993) add—
Subsection (9) applies where—
a person has been in receipt of a guaranteed minimum pension and a Category A or Category B retirement pension,
the guaranteed minimum pension has been increased in accordance with section 15(1) of the Pension Schemes Act 1993 (c. 48) or the Category A or Category B retirement pension has been increased in accordance with paragraph 5 of Schedule 5 to the SSCBA (increase of pension where commencement of guaranteed minimum pension postponed),
the pension scheme under which the guaranteed minimum pension is paid is subject to GMP conversion in relation to the person, and
an order under section 150(2) of the Administration Act would have applied to the person in respect of the increase mentioned in paragraph (b) above but for the scheme having been subject to GMP conversion in relation to the person.
The person's Category A or Category B retirement pension shall be increased by the amount by which it would have increased as a result of the order.
If paragraph 5 of Schedule 5 to the SSCBA (increase of pension for survivor of “S”) would apply to a person but for the fact that the scheme of which S was a member was subject to GMP conversion in relation to S before S's death, the paragraph shall apply to the person (with any necessary modifications) despite that fact.
In subsections (8)(c) and (d) and (10) “GMP conversion” has the meaning given by section 24A of the Pension Schemes Act 1993 ....
In section 186 of the Pension Schemes Act 1993 (parliamentary control of orders and regulations)—
before subsection (3)(a) insert—,
renumber the existing paragraphs of subsection (3), and
in subsection (4) for “(a) or (c)” substitute “ (b) or (d) ”.
Any certificate which is either—and is in force immediately before 6 April 2012, ceases to have effect on that date.
a contracting-out certificate in relation to a money purchase contracted-out scheme, or
an appropriate scheme certificate,
In this section—...“contracting-out certificate”, “money purchase contracted-out scheme” and “appropriate scheme certificate” have the meanings given by section 181(1) of the Pension Schemes Act 1993 (c. 48) (as in force immediately before that day).
In Schedule 4—
Parts 1 and 2 contain amendments which are consequential on, or related to, the provision made by subsection (1), and
Part 3 contains savings relating to amendments made by Part 1.
The amendments made by Part 1 of that Schedule have effect as from 6 April 2012 (but any power to make regulations conferred by those amendments may be exercised at any time so as to make regulations having effect as from 6 April 2012).
The Secretary of State may by regulations make—as he thinks necessary or expedient in connection with, or in consequence of, the provisions of subsection (1) and Schedule 4.
such consequential, incidental or supplemental provision, and
such transitional, transitory or saving provision,
Regulations under subsection (5) may in particular amend, repeal or revoke any provision of any Act or subordinate legislation (whenever passed or made).
No regulations which amend or repeal any provision of an Act may be made under this section unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
A statutory instrument containing regulations under this section that do not fall within subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament.
Dispute resolution
In subsection (1) of the new section 50 (requirement for dispute resolution arrangements) after “arrangements” insert “ complying with the requirements of this section ”.
In subsection (2) of that section, for “such arrangements as are required by this section” substitute “ arrangements ”.
After subsection (4) of that section insert—
After subsection (5) of that section insert—
In subsection (6) of that section, after “arrangements” insert “ in pursuance of subsection (4) ”.
In subsection (1) of the new section 50B (dispute resolution procedure) for “under section 50 must” substitute “ in pursuance of section 50(4) must (in accordance with section 50(6)) ”.
For subsection (3) of that section substitute—
In subsection (4) of that section, in paragraph (c), after “required” insert “ in relation to such an application ”.
After subsection (4) of that section insert—
Actuarial guidance
Schedule 5 contains amendments removing requirements for, or powers to require, certain forms of actuarial guidance to be approved by the Secretary of State.
Financial assistance scheme
Section 286 of the Pensions Act 2004 (c. 35) (financial assistance scheme for members of certain pension schemes) is amended as follows.
After subsection (1) insert—
In subsection (2), before the definition of “qualifying member” insert—.
Subsections (5) and (6) below apply where the scheme manager has determined that an initial payment may be made under the FAS regulations to or in respect of a qualifying member of a qualifying pension scheme, and they so apply whether the determination—before or after the passing of this Act.
has been made, or
relates to a period beginning,
Subject to any relevant restriction, the amount of any such initial payment payable to the member is to be—irrespective of the date of the member attaining normal retirement age (or the date when he would have attained that age if he dies before attaining it).
the amount of the member's expected pension multiplied by 0.9, less
the amount of the member's interim pension (if any),
The amount of any such initial payment payable to the survivor of the member is to be—irrespective of the date of the member attaining normal retirement age (or the date when he would have attained that age if he dies before attaining it).
whichever is the smaller of—less
one-half of the product of the calculation in subsection (5)(a), or
one-half of the product of that calculation as reduced by virtue of any relevant restriction,
the amount of the interim pension payable to the survivor (if any),
In subsections (5) and (6) “relevant restriction” means any provision of the FAS regulations which—but for the purposes of those subsections any such specified fraction is to be taken to be 0.9.
operates to restrict the amount of an initial payment by means of a cap on the product of the calculation of a specified fraction of the member's expected pension, or
provides for an initial payment not to be payable where the member's interim pension exceeds any specified amount;
Any provision of the FAS regulations which is inconsistent with subsection (5) or (6) is of no effect to the extent of the inconsistency.
The Secretary of State may by regulations—
amend subsection (5) so as to substitute for the fraction for the time being specified there such fraction as is specified in the regulations, and
make a corresponding amendment in subsection (7).
The Secretary of State may by regulations—and, accordingly, subsection (8) does not apply in those circumstances.
prescribe circumstances in which subsections (5) and (6) do not apply where the scheme manager has made a determination as specified in subsection (4), and
make alternative provision for the amount of any initial payment payable to the member or the survivor of the member in those circumstances,
No regulations may be made under subsection (9) or (9A) unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
In this section—“expected pension” and “interim pension”, in relation to a qualifying member of a qualifying pension scheme, mean the amounts which, in accordance with the FAS regulations, are to be taken into account as the member's expected pension and interim pension, respectively, in determining the amount of any initial payment payable to, or in respect of, the member;“the FAS regulations” means regulations under section 286(1) of the Pensions Act 2004 (c. 35);“initial payment” has the meaning given by the FAS regulations;“interim pension”, in relation to the survivor of a qualifying member of a qualifying pension scheme, means the amount which, in accordance with the FAS regulations, is to be taken into account as the interim pension payable to the survivor in determining the amount of any initial payment payable to the survivor;“qualifying member”, “qualifying pension scheme” and “scheme manager” have the same meanings as in section 286 of the Pensions Act 2004 (c. 35);“survivor” has the meaning given by the FAS regulations.
The Secretary of State must by regulations make provision for securing that, during the period of 9 months beginning with the date on which the regulations come into force, the trustees of relevant pension schemes are prohibited from purchasing, or agreeing to purchase, annuities on behalf of qualifying members, unless—
before that date they have entered into a binding commitment to purchase the annuities, or
the purchase of the annuities is approved in pursuance of subsection (2).
The regulations must make provision—
for enabling the trustees of a relevant pension scheme to apply to the scheme manager for approval of the purchase of annuities on behalf of qualifying members;
for authorising the scheme manager to approve the purchase of any such annuities if the scheme manager thinks it appropriate to do so.
For the purposes of this section an occupational pension scheme is a “relevant pension scheme” at any time during the period mentioned in subsection (1) if at that time the scheme is a qualifying pension scheme which has not been fully wound up.
Regulations under this section—
must be made as soon as is reasonably practicable after the passing of this Act;
may make such consequential, incidental, supplemental or transitional provision as the Secretary of State considers appropriate.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “occupational pension scheme”, “qualifying member”, “qualifying pension scheme” and “scheme manager” have the same meanings as in section 286 of the Pensions Act 2004.
Personal Accounts Delivery Authority
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The Secretary of State may by order provide for the winding up and dissolution of the Authority.
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An order under this section may, in particular—
provide for the transfer of property, rights or liabilities of the Authority to the Secretary of State or any other person;
provide, in connection with provision made under paragraph (a)—
for the creation of interests in property transferred;
for the creation of rights and liabilities in relation to such property;
for interests, rights and liabilities to be extinguished;
provide for the payment by the Secretary of State or the Authority of compensation to any person who suffers loss or damage as a result of the provision made for the winding up of the Authority.
An order under this section may make—as the Secretary of State thinks necessary or expedient in connection with, or in consequence of, the winding up and dissolution of the Authority.
such consequential, incidental or supplemental provision, and
such transitional, transitory or saving provision,
An order under this section may also contain provision repealing any provision of
No order may be made under this section unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
General
The Secretary of State must, before the end of 2014, prepare a report on the operation of the provisions of this Act.
The Secretary of State may prepare subsequent reports on the operation of the provisions of this Act.
The Secretary of State must lay a copy of any report prepared under this section before Parliament.
Any order or regulations under this Act must be made by statutory instrument.
Any power of the Secretary of State to make an order or regulations under this Act includes power to make different provision for different purposes or cases.
Before the Secretary of State makes any regulations by virtue of—he must consult such persons as he considers appropriate.
section 15(5), or
section 18(9),
Subsection (3) does not apply—
to regulations made for the purpose only of consolidating other regulations revoked by them,
in a case where it appears to the Secretary of State that by reason of urgency consultation is inexpedient,
to regulations made before the end of the period of 6 months beginning with the coming into force of the provision mentioned in subsection (3) by virtue of which the regulations are made, or
to regulations which—
state that they are consequential upon a specified enactment, and
are made before the end of the period of 6 months beginning with the coming into force of that enactment.
In subsection (4) “enactment” includes an enactment comprised in subordinate legislation.
In this Act—“the Administration Act” means the Social Security Administration Act 1992 (c. 5);“the SSCBA” means the Social Security Contributions and Benefits Act 1992 (c. 4);“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30);“tax year” has the same meaning as in Parts 1 to 6 of the SSCBA (see section 122(1) of that Act).
The Secretary of State may by order make—as he considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.
such supplementary, incidental or consequential provision, or
such transitory, transitional or saving provision,
Schedule 7 contains repeals and revocations.
The following repeals have effect at the end of the period of 2 months beginning with the day on which this Act is passed—
the repeal in Part 2 of Schedule 7 of paragraph 36 of Schedule 24 to the Civil Partnership Act 2004 (c. 33);
the repeals in Parts 3 and 5 of Schedule 7.
The following repeals and revocations have effect on 6th April 2010—
the repeals and revocations in Part 1 of Schedule 7;
the repeals in Part 2 of that Schedule other than those falling within subsection (3).
The repeals in Part 4 of that Schedule have effect on 6th April in the tax year following the designated tax year (see section 5(4)).
The repeals and revocations in Part 6 of that Schedule have effect on 6 April 2012.
The other repeals contained in that Schedule have effect on the date on which they come into force by virtue of an order made under section 30.
A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
There is to be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State by virtue of this Act; and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
There is to be paid into the Consolidated Fund any increase in the sums payable into that Fund under any other Act.
The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—
Part 3, and
this Part.
But section 24 extends to Northern Ireland in accordance with subsection (1) only as respects the provisions of this Act extending there.
The amendments made by Schedule 5 have the same extent as the enactments amended.
The other provisions of this Act extend to England and Wales and Scotland.
The following provisions of this Act come into force on the day on which it is passed—
Part 3;
this Part.
The following provisions of this Act come into force on such day as the Secretary of State may by order appoint—
section 14;
The other provisions of this Act come into force at the end of the period of 2 months beginning with the day on which it is passed.
An order under subsection (2) may—
appoint different days for different purposes;
make such provision as the Secretary of State considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision falling within subsection (2).
This Act may be cited as the Pensions Act 2007.
State pension: consequential and related amendments
Category A and B retirement pensions: single contribution condition
Section 44 of the SSCBA (Category A retirement pension) is amended as follows.
In subsection (1) for paragraph (b) substitute—.
After subsection (1) insert—
Section 48A of the SSCBA (Category B retirement pension for married person or civil partner) is amended as follows.
In subsection (2) for paragraph (b) substitute—
After subsection (2) insert—
In subsection (2B) for paragraph (b) substitute—
Section 48B of the SSCBA (Category B retirement pension for surviving spouse or civil partner) is amended as follows.
In subsection (1) for “the conditions specified in Schedule 3, Part I, paragraph 5” substitute “ the relevant conditions or condition ”.
After subsection (1) insert—
In subsection (1A) for “the conditions specified in Schedule 3, Part I, paragraph 5” substitute “ the condition specified in Schedule 3, Part I, paragraph 5A ”.
In section 60 of the SSCBA (complete or partial failure to satisfy contribution conditions) after subsection (8) insert—
After section 60 of the SSCBA insert—
Category B retirement pension: removal of restriction on entitlement
In section 54 of the SSCBA (Category A and B retirement pensions: supplemental provisions) omit subsection (3) (election to defer pension entitlement requires consent of other party to marriage etc.).
In section 55 of the SSCBA (pension increase or lump sum where pensions entitlement deferred) in subsection (3) for paragraph (a) substitute—.
In Schedule 5 to the SSCBA (pension increase or lump sum where pensions entitlement deferred) in paragraph 8, omit sub-paragraph (3) (construction of references where person's pension linked to contributions of other party to marriage or civil partnership).
Contributions credits for relevant parents and carers
Social Security Contributions and Benefits Act 1992 (c. 4)
In section 22 of the SSCBA (earnings factors) after subsection (5) (regulations may provide for crediting of contributions) insert—
In section 176 of the SSCBA (parliamentary control) in subsection (1) (regulations and orders subject to affirmative procedure) after paragraph (a) insert—.
Welfare Reform Act 2007 (c. 5)
In Part 1 of Schedule 1 to the Welfare Reform Act 2007 (employment and support allowance: additional conditions) in paragraph 1 (conditions relating to national insurance) in sub-paragraph (5) (meaning of “benefit”) after paragraph (c) insert—.
Category A and C retirement pensions: abolition of adult dependency increases
In section 30B of the SSCBA (incapacity benefit: rate) in subsection (3) omit paragraph (b) (increase under section 83 or 85 to be disregarded in determining rate of incapacity benefit).
In section 78 of the SSCBA (Categories C and D retirement pensions and other benefits for aged) in subsection (4) omit paragraph (d) (increase under section 83 or 85 to be disregarded in determining appropriate weekly rate of Category D retirement pension).
In section 88 of the SSCBA (increases to be in respect of only one adult dependant) for “under or by virtue of sections 83 to 86A” substitute “ by virtue of section 86A ”.
In section 89 of the SSCBA (meaning of earnings for purposes of provisions relating to increases in benefits) in each of subsections (1) and (1A), for “sections 82 to 86A” substitute “ sections 82 and 86A ”.
In section 114 of the SSCBA (persons maintaining dependants etc.) in subsection (4) (amounts paid by way of maintenance etc. to be treated as contributions for the purposes of specified provisions) omit “to 84”.
In section 149 of the SSCBA (pensioners' entitlement to Christmas bonus: supplementary) in subsection (3) (circumstances in which persons to be treated as entitled to increase in payment of a qualifying benefit) in paragraph (b) omit “section 83(2) or (3) above or”.
In Part 4 of Schedule 4 to the SSCBA (rates of increases for dependants)—
in paragraph 5 (Category A or B retirement pension) for the figure in column (3) (increase for adult dependant) substitute “ — ”;
in paragraph 6 (Category C retirement pension) for the figure in column (3) (increase for adult dependant) substitute “ — ”.
Up-rating of basic pension etc. and standard minimum guarantee by reference to earnings
Social Security Contributions and Benefits Act 1992 (c. 4)
In Schedule 5 to the SSCBA (pension increase or lump sum where entitlement to retirement pension is deferred) in paragraph 2 (pension increase where entitlement deferred) in sub-paragraph (7) (increase to take account of up-rating of pensions) after “section 150” insert “ or 150A ”.
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Social Security Administration Act 1992 (c. 5)
In section 150 of the Administration Act (annual up-rating of benefits) in subsection (10)(a)(i) (when order is to take effect) after “the tax year” insert “ following that in which the order is made ”.
In section 152 of that Act (rectification of mistakes in orders under section 150)—
after subsection (1) insert—;
in the sidenote, after “150” insert “ or 150A ”.
In section 155 of that Act (effect of alteration of rates of benefit under Parts 2 to 5 of the SSCBA) in subsection (1) (when section has effect) in paragraph (b) after “150” insert “ , 150A ”.
In section 155A of that Act (power to anticipate pensions up-rating order) in subsection (1) (power arises where statement made to Commons of amounts of proposed increase in order under section 150) in paragraph (a), for “150 above” substitute “ 150 or 150A above (as the case may be) ”.
In section 159 of that Act (effect of alteration in the component rates of income support) in subsection (5), in paragraph (b) of the definition of “alteration”—
after “150” (where it first occurs) insert “ or 150A ”;
in sub-paragraph (ii) after “150” insert “ , 150A ”.
In section 159A of that Act (effect of alteration of rates of a jobseeker's allowance) in subsection (5), in paragraph (b) of the definition of “alteration”, after each occurrence of “section 150” insert “ or 150A ”.
In section 159B of that Act (effect of alterations affecting state pension credit)—
in subsection (4) (power to anticipate up-rating of state pension credit) in paragraph (a) after “section 150” insert “ , 150A ”;
in subsection (6), in paragraph (b) of the definition of “alteration”—
after “150” (where it first occurs) insert “ or 150A ”;
after “150” (where it next occurs) insert “ , 150A ”.
In section 159C of that Act as inserted by the Welfare Reform Act 2007 (c. 5) (effect of alteration of rates of an employment and support allowance)—
in subsection (4) (application of subsection (5)) in paragraph (a), after “150” insert “ , 150A ”;
in subsection (6), in paragraph (b) of the definition of “alteration”—
after “150” (where it first occurs) insert “ or 150A ”;
after “150” (where it next occurs) insert “ , 150A ”.
In section 189 of that Act (regulations and orders_general) in subsection (8) (orders not to be made without consent of Treasury) after “150,” insert “ 150A, ”.
In section 190 of that Act (parliamentary control of orders and regulations) in subsection (1)(a) (orders subject to the affirmative procedure) after “150,” insert “ 150A, ”.
In Part 1 of Schedule 7 to that Act (regulations not requiring prior submission to the Social Security Advisory Committee) in paragraph 3 (up-rating etc.) after “section 150” insert “ or 150A ”.
In Part 2 of that Schedule (regulations not requiring prior submission to the Industrial Injuries Advisory Council) in paragraph 12 for “or 150” substitute “ , 150 or 150A ”.
Deemed earnings factors for purposes of additional pension
In section 22 of the SSCBA (earnings factors) at the end of subsection (2A) (derivation of earnings factors for purposes of calculating additional pension) insert— “ This subsection does not affect the operation of sections 44A and 44B (deemed earnings factors). ”
Section 44A of the SSCBA (deemed earnings factors) is amended as follows.
Before subsection (1) insert—
In subsection (1) (amount of deemed earnings factor for purposes of section 44(6)(za)) after “a relevant year” insert “ to which this subsection applies ”.
After subsection (4) insert—
Additional pension: simplified accrual rates
Social Security Contributions and Benefits Act 1992 (c. 4)
In section 176 of the SSCBA (parliamentary control)—
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in subsection (4) (certain orders not subject to parliamentary procedure) after “second appointed year” insert “ or designating the flat rate introduction year ”.
Pension Schemes Act 1993 (c. 48)
In section 12B of the Pension Schemes Act 1993 (reference scheme)—
in subsection (5) (definition of earner's qualifying earnings) in paragraph (b), for “the upper earnings limit for that year multiplied by fifty-three” substitute “ the applicable limit ”;
in subsection (7), before the definition of “normal pension age” insert—.
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In section 181(1) of that Act (general interpretation) insert at the appropriate places—;.
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Increase in pensionable age for men and women
Social Security Contributions and Benefits Act 1992 (c. 4)
In section 38 of the SSCBA (widow's pension) in subsection (2) (entitlement to continue until age of 65) for “the age of 65” substitute “ pensionable age ”.
In section 64 of the SSCBA (entitlement to attendance allowance) in subsection (1) (conditions to be satisfied for entitlement to the allowance) for “is aged 65 or over” substitute “ has attained pensionable age ”.
Section 75 of the SSCBA (disability living allowance: persons aged 65 or over) is amended as follows.
In subsection (1) (no entitlement to the allowance for persons aged 65 or over) for “the age of 65” substitute “ pensionable age ”.
For the sidenote substitute “ Persons who have attained pensionable age ”.
In section 149 of the SSCBA (supplementary provisions relating to Christmas bonus) in subsection (4) (for purposes of section 148 persons not to be taken to be entitled to payment of war disablement pension unless they have attained the age of 65) for “the age of 65” substitute “ pensionable age ”.
State Pension Credit Act 2002 (c. 16)
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Additional pension: simplified accrual rates
New Schedule 4B to the SSCBA
After Schedule 4A to the SSCBA (additional pension) insert the following Schedule.
Revaluation of flat rate accrual amount
After section 148A of the Administration Act insert—
Consequential and related amendments
Social Security Contributions and Benefits Act 1992 (c. 4)
In section 39 of the SSCBA (rate of widowed mother's allowance and widow's pension) omit—
“and Schedule 4A” wherever occurring; and
subsection (3).
Section 39C of the SSCBA (rate of widowed parent's allowance and bereavement allowance) is amended as follows.
In subsection (1), after “section 46(2)” insert “ and (4) ”.
In subsection (3), in each of paragraphs (a) and (b), for “sections” substitute “ provisions ”.
Section 44 of the SSCBA (Category A retirement pension) is amended as follows.
In subsection (5A), for “Schedule 4A” substitute “ Schedules 4A and 4B ”.
In subsection (6), for “Schedule 4A” substitute “ Schedule 4A or 4B ”.
In section 46 of the SSCBA (modification of section 45 for calculating the additional pension in certain benefits) after subsection (3) insert—
In section 48A of the SSCBA (rate of Category B retirement pension for married person or civil partner) in subsection (4) for “Schedule 4A” substitute “ Schedules 4A and 4B ”.
In section 48B of the SSCBA (Category B retirement pension for surviving spouse or civil partner) in subsection (2), for “Schedule 4A” substitute “ Schedules 4A and 4B ”.
In section 48BB of the SSCBA (Category B retirement pension: entitlement by reference to benefits under section 39A or 39B) in subsection (5)—
for “Schedule 4A” substitute “ Schedules 4A and 4B ”; and
for the words from “subject” to the end substitute “ subject to section 46(3) above and to the following provisions of this section and the modification in section 48C(4) below. ”
In section 48C of the SSCBA (Category B retirement pension: general) in subsection (4), for “Schedule 4A” substitute “ Schedules 4A and 4B ”.
In Schedule 4A to the SSCBA (additional pension) in paragraph 1(2), omit “39(1),”.
Pension Schemes Act 1993 (c. 48)
In section 42 of the Pension Schemes Act 1993 (review and alteration of rates of contributions applicable under section 41) in subsection (1)(a)(ii) for “Schedule 4A” substitute “ Schedules 4A and 4B ”.
Increase in pensionable age for men and women
In the sidenote to section 126 of the Pensions Act 1995 (c. 26), at the end insert “ and increase in pensionable age ”.
In section 126 of that Act (equalisation of pensionable age) in paragraph (a), at the end insert “ and to increase the pensionable age for men and women progressively over a period of 22 years beginning with 6th April 2024 ”.
For the heading for Schedule 4 to that Act substitute “ Equalisation of and increase in pensionable age for men and women ”.
Paragraph 1 of Part 1 of Schedule 4 to that Act (pensionable ages for men and women) is amended as follows.
In sub-paragraph (1), after “man” insert “ born before 6th April 1959 ”.
In sub-paragraph (3), for “the following table” substitute “ table 1 ”.
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For the heading for the table substitute “ TABLE 1 ”.
After the table insert—
Abolition of contracting-out for defined contribution pension schemes
Amendments having effect as from abolition date
Pension Schemes Act 1993 (c. 48)
The Pension Schemes Act 1993 has effect subject to the following amendments.
Section 7 (issue of contracting-out and appropriate scheme certificates) is amended as follows.
For subsection (1) substitute—
Omit subsections (4) to (6) (provisions relating to appropriate scheme certificates in respect of personal pension schemes).
In subsection (7) (no certificate to have effect from a date earlier than its issue) omit “or appropriate scheme certificate”.
After that subsection insert—
In the sidenote, omit “and appropriate scheme”.
Section 8 (definitions of certain terms) is amended as follows.
In subsection (1) (definition of “contracted-out employment”) for the words from “he is under pensionable age” to the end of paragraph (a) substitute.
After subsection (1) insert—
In subsection (2) for “for the purposes of section 42A” substitute “ for the tax year in which the week falls as specified in an order made under section 42B (as it had effect before the abolition date) ”.
Section 9 (general requirements for certification of schemes) is amended as follows.
In subsection (1) (requirements for occupational pension schemes) omit “or (3)”.
Omit subsections (3) and (5) (requirements for money purchase occupational schemes and personal pension schemes).
In subsection (6) (meaning of “relevant requirements”)—
in paragraph (a) omit “or, as the case may be, appropriate”;
in paragraph (b) omit “or, as the case may be, of being an appropriate scheme,”.
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Omit section 12 (determination of basis on which scheme is contracted-out).
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Section 34 (cancellation, variation, surrender and refusal of certificates) is amended as follows.
For subsection (1) (regulations to provide for cancellation etc. of contracting-out or appropriate scheme certificates) substitute—
In subsection (3) (continued contracting-out of scheme dependent on conditions for contracting-out remaining satisfied)—
for paragraphs (a) and (b) substitute “ by or by virtue of any provision of this Part the contracting-out of a scheme in relation to an employment depends on the satisfaction of a particular condition ”;
omit “or, as the case may be, the scheme's continuing to be an appropriate scheme”;
omit “or appropriate scheme”.
Omit subsection (5) (circumstances in which HMRC can withhold etc. appropriate scheme certificate).
In subsection (8) (cancellation etc. of certificates not to have effect from a time earlier than when cancellation etc. made) omit “or appropriate scheme certificate”.
After subsection (8) insert—
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In section 42A (reduced rates of Class 1 contributions, and rebates) at the end insert—
Omit section 42B (determination and alteration of rates of contributions, and rebates, applicable under section 42A).
In section 43 (payment of minimum contributions to personal pension schemes) at the end insert—
Omit section 44 (earner's chosen scheme).
In section 45 (amount of minimum contributions) at the end insert—
Omit section 45A (determination and alteration of rates of minimum contributions under section 45).
Section 48A (additional pension and other benefits) is amended as follows.
In subsection (1) (effect of reductions and payments for contracted-out schemes on earnings factors) in paragraph (a) for “or 42A” substitute “ or, in the case of a week falling before the abolition date, under section 42A (as it then had effect) ”.
In paragraph (b) of that subsection, for “an amount is paid under section 45(1)” substitute “ in the case of a week falling before the abolition date, an amount is paid under section 45(1) (as it then had effect) ”.
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In section 55 (payment of state scheme premiums on termination of certified status) in subsection (2) (prescribed person to pay contributions equivalent premium) in paragraph (a) omit “(other than a money purchase contracted-out scheme)”.
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In section 87 (general protection principle) in subsection (1) (when subsection applies) in paragraph (a)(i), for “which is not a money purchase contracted-out scheme” substitute “ that satisfies the requirements of section 9(2) ”.
In section 96 (further provisions concerning exercise of option to take cash equivalent under section 95) in subsection (2) (circumstances in which option must be exercised in relation to balance of cash equivalent after deducting amount sufficient to meet certain liabilities of trustees etc.) in paragraph (a)(ii) omit “which is not an appropriate scheme”.
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In section 163 (exemption of certain schemes from rule against perpetuities) in subsection (2) (schemes to which the exemption applies) omit paragraph (c) (appropriate schemes).
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Section 181 (general interpretation) is amended as follows.
In subsection (1)—
at the appropriate places insert—;;
for the definition of “appropriate scheme certificate” and references to an appropriate scheme, substitute—;
in the definition of “contracting-out certificate” and references to contracted-out scheme and to contracting-out, at the end insert “and section 181A”;
for the definition of “money purchase contracted-out scheme” substitute—.
In subsection (4) (regulations may prescribe the persons who are to be regarded as members or prospective members of an occupational scheme etc.) omit “, 44”.
After section 181 insert—
Pensions Act 1995 (c. 26)
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Welfare Reform and Pensions Act 1999 (c. 30)
In section 1 of the Welfare Reform and Pensions Act 1999 (meaning of “stakeholder pension scheme”)—
in subsection (1) in paragraph (a), for “(10)” substitute “ (9) ”;
omit subsection (10) (stakeholder pension scheme must be contracted-out).
In section 2 of that Act (registration of stakeholder pension schemes) in subsection (2) (when Authority to register schemes) in paragraph (b)(i), for “to (10)” substitute “ to (9) ”.
Omit section 7 of that Act (reduced rates of contributions for money purchase contracted-out schemes and appropriate personal pension schemes etc.: power to specify different percentages).
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Pensions Act 2004 (c. 35)
In section 257 of the Pensions Act 2004 (conditions for pension protection on transfer of employment) omit subsection (7) (minimum payments made under contracted-out money purchase scheme to be disregarded).
Further amendments
Social Security Contributions and Benefits Act 1992 (c. 4)
Section 4C of the SSCBA (power to make provision in consequence of provision made by or by virtue of section 4B(2) etc.) is amended as follows.
In subsection (2) (purposes for which regulations may be made) omit paragraph (d) (purposes relating to minimum payments).
In subsection (5) (matters in respect of which regulations may have retrospective effect)—
omit paragraphs (g) and (h) (liability to make, and amount of, minimum payments);
omit paragraphs (i) and (j) (liability to make, and amount of, payments under section 42A(3) of that Act or minimum contributions).
In section 8 of the SSCBA (calculation of primary Class 1 contributions) in subsection (3) (provisions to which calculation is subject) in paragraph (c), for “sections 41 and 42A” substitute “ section 41 ”.
In section 9 of the SSCBA (calculation of secondary Class 1 contributions) in subsection (3) (provisions to which calculation is subject) in paragraph (c), for “sections 41 and 42A” substitute “ section 41 ”.
In Schedule 1 to the SSCBA (supplementary provisions relating to contributions of Classes 1, 1A, 1B, 2 and 3) paragraph 1 (Class 1 contributions where earner is in more than one employment) is amended as follows.
In sub-paragraph (3) (determination of amount of primary Class 1 contributions where aggregate earnings include earnings from contracted-out employment)—
omit paragraphs (a) and (b);
in paragraph (c), for sub-paragraphs (i) and (ii) substitute “ to such part of the aggregated earnings attributable to COSRS service as exceeds the current primary threshold and does not exceed the current upper earnings limit ”;
in paragraph (d), for “part or parts attributable to COMPS or COSRS service” substitute “ part attributable to COSRS service ”.
In sub-paragraph (6) (determination of amount of secondary Class 1 contributions where aggregate earnings include earnings from contracted-out employment) omit paragraphs (a) and (b).
In sub-paragraph (9) (interpretation) omit the definition of “COMPS service”.
Pension Schemes Act 1993 (c. 48)
The Pension Schemes Act 1993 has effect subject to the following amendments.
In section 8 (meaning of, among other things, “minimum payment”) omit subsection (3) (regulations may make provision about manner in which minimum payments to be made etc.).
In section 20 (transfer of accrued rights) in subsection (3) (regulations may provide for certain provisions to have effect subject to modifications) omit “and 43 to 45”.
Omit section 31 (investment and resources of scheme).
In section 40 (scope of Chapter 2 of Part 3) omit paragraph (b) (which relates to contributions to be paid by HMRC in respect of members of money purchase contracted-out schemes or of appropriate personal pension schemes).
Omit section 42A (reduced rates of contributions, and rebates, for members of money purchase contracted-out schemes etc.).
Omit section 43 (payment of minimum contributions to personal pension schemes).
Omit section 45 (amount of minimum contributions).
Omit section 45B (money purchase and personal pension schemes: verification of ages).
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In section 164 (Crown employment) in subsection (2) (employees of Crown to be treated as employed earners for certain purposes) omit paragraph (b).
Section 177 (general financial arrangements) is amended as follows.
In subsection (2) (amounts to be paid out of the National Insurance Fund)—
in paragraph (za) (payments by HMRC under various provisions) omit “or section 42A(2C) or (3)”;
omit paragraph (a) (minimum contributions paid by HMRC under section 43).
In subsection (7) (amounts to be paid into National Insurance Fund) in paragraph (a), omit “, 42A(2D) or (5) or 43(5) or (6)”.
Section 181 (interpretation) is amended as follows.
In subsection (1), omit the definition of “minimum contributions”.
In subsection (4) (regulations may prescribe the persons who are to be regarded as members or prospective members of an occupational scheme etc.) omit “, 43”.
Schedule 2 (certification regulations) is amended as follows.
In Part 1 (occupational pension schemes) in paragraph 4 (regulations may modify certain provisions of Part 3 in cases where person employed in two or more employments) in sub-paragraph (1), for “and 66 to 68” substitute “ , 67 and 68 ”.
In paragraph 5 (state scheme premiums) in sub-paragraph (1) (regulations may require provision of information to HMRC for purpose of certain provisions) for the words from “sections 37” to the end substitute “sections 37, . . . , 50 to 63 and 159(1) to (3) and (6) . . . .”
In paragraph 6 (schemes covering different employers) in sub-paragraph (1) (regulations may modify certain provisions in cases where earner under different employers qualifies for benefits of same occupational pension scheme) for “and 66 to 68” substitute “ , 67 and 68 ”.
Paragraph 2 of Schedule 4 (priority in bankruptcy etc.: employer's contributions to occupational pension scheme) is amended as follows.
Omit sub-paragraphs (2) and (3) (sums owed on account of employer's minimum payments to a money purchase contracted-out scheme).
In sub-paragraph (3A) (definition of “the appropriate amount”)—
in the opening words, omit “or (3)”;
in paragraph (a), omit “or (2) (as the case may be)”.
In sub-paragraph (5) (interpretation)—
omit the definition of “appropriate flat-rate percentage”;
in the definition of “the percentage for contributing earners”—
omit the words “(a) in relation to a salary related contracted-out scheme,”;
omit paragraph (b) and the preceding “and”;
in the definition of “the percentage for non-contributing earners”—
omit the words “(a) in relation to a salary related contracted-out scheme,”;
omit paragraph (b) and the preceding “and”.
Savings
Issue and cancellation etc. of certificates for periods before the abolition date
Nothing in the relevant amendments and repeals affects the continued operation of any regulations in force under section 7(1) and (7) of the PSA 1993 (issue of certificates) immediately before the abolition date in relation to the issue of a certificate having effect for a period before 6 April 2012.
Nothing in the relevant amendments and repeals affects the continued operation of section 34 of the PSA 1993 (cancellation, variation, surrender and refusal of certificates), or any regulations in force under it immediately before 6 April 2012, for the purposes of a retrospective act.
In sub-paragraph (1) “a retrospective act” means the cancellation, variation, surrender or refusal of a certificate, or the issue of an amended certificate, where—
the certificate was in force for a period beginning before 6 April 2012 (or, in the case of a refusal of a certificate, would have related to such a period if it had been issued), and
the cancellation, variation, surrender, refusal or issue—
is made after 6 April 2012, but
has effect from a date before that date.
An amended certificate issued by virtue of this paragraph must provide for it to cease to have effect as from 6 April 2012.
In this paragraph and paragraph 61 “a certificate” means an appropriate scheme certificate or a contracting-out certificate in respect of a money purchase contracted-out scheme, and each of those terms has the meaning given by section 181(1) of the PSA 1993.
Nothing in the relevant amendments and repeals affects the continued operation of section 164(2) of the PSA 1993 (persons employed by or under the Crown to be treated as employed earners for the purposes of certain provisions) in relation to the provisions of that Act saved by paragraphs 61 and 62.
Nothing in the relevant amendments and repeals affects the continued operation of section 177(3)(b)(ii) of the PSA 1993 (administrative expenses of the Secretary of State, other than those arising out of certain provisions, to be paid out of the National Insurance Fund into the Consolidated Fund) in relation to the estimated administrative expenses of the Secretary of State in carrying into effect the provisions of that Act saved by paragraphs 61 and 62.
Determination of question whether scheme was appropriate scheme
Nothing in the relevant amendments and repeals affects the continued operation of any regulations in force under section 7(6) of the PSA 1993 (issue of certificates) immediately before 6 April 2012.
Preservation of earner's chosen scheme
Nothing in the relevant amendments and repeals—
prevents the giving of a preceding tax year notice, or
otherwise affects the operation of section 44 of the PSA 1993 in relation to such a notice.
In sub-paragraph (1) a “preceding tax year notice” means a notice within section 44(1) of the PSA 1993 which is given on or after 6 April 2012 but in which the date specified in accordance with that provision falls before 6 April 2012.
Interpretation etc.
In this Part of this Schedule—...“the PSA 1993” means the Pension Schemes Act 1993 (c. 48);“the relevant amendments and repeals” means—the amendments and repeals made by Part 1 of this Schedule, and the consequential repeals and revocations in Part 6 of Schedule 7.
Nothing in this Part of this Schedule is to be read as affecting the generality of section 16 of the Interpretation Act 1978 (c. 30) (general savings).
Removal of Secretary of State's role in approving actuarial guidance
Bankruptcy (Scotland) Act 1985 (c. 66)
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Insolvency Act 1986 (c. 45)
In section 342C of the Insolvency Act 1986 (recovery of excessive pensions contributions: supplementary) in subsection (5) (under which calculation and verification of certain values and amounts may be required to be in accordance with guidance approved by Secretary of State) for paragraph (b) substitute—
In section 342F of that Act (orders in relation to transactions at an undervalue and preferences: supplementary) in subsection (7) (under which calculation and verification of certain values and amounts may be required to be in accordance with guidance approved by Secretary of State) for paragraph (b) substitute—
Pension Schemes Act 1993 (c. 48)
In section 12A of the Pension Schemes Act 1993 (statutory standard for certification of occupational pension schemes) in subsection (5) (regulations may provide for determination to be made in accordance with guidance approved by Secretary of State) omit “and approved by the Secretary of State”.
In section 113 of that Act (disclosure of information about schemes to members etc.) in subsection (3A) (regulations may provide for information that must be given to be determined by reference to guidance approved by Secretary of State) for paragraphs (a) and (b) substitute “ is prepared and from time to time revised by a prescribed body ”.
Pensions Act 1995 (c. 26)
In section 67D of the Pensions Act 1995 (actuarial equivalence requirements: further provisions) in subsection (5) (requirements prescribed for calculation of actuarial values may include that the calculation is to be made in accordance with guidance approved by Secretary of State) for paragraphs (a) and (b) substitute “ is prepared and from time to time revised by a prescribed body ”.
In section 119 of that Act (regulations may provide for values to be calculated in accordance with guidance approved by the Secretary of State) for paragraphs (a) and (b) substitute “ prepared and from time to time revised by a prescribed body ”.
Pensions Act 2004 (c. 35)
In section 230 of the Pensions Act 2004 (matters on which advice of actuary must be obtained) in subsection (3) (regulations may require actuary to have regard to guidance) in the definition of “prescribed guidance” omit “and, if the regulations so provide, is approved by the Secretary of State”.
Members and employees etc.
Members
The following are to be the members of the Authority—
a chairman appointed by the Secretary of State,
other non-executive members appointed in accordance with sub-paragraph (2) or (3), and
the executive members (see paragraph 6).
The first non-executive members appointed for the purposes of sub-paragraph (1)(b) are to be appointed by the Secretary of State.
Any subsequent appointment for the purposes of sub-paragraph (1)(b) is to be made by the Authority with the approval of the Secretary of State.
Both the Secretary of State and the Authority must aim to ensure that the Authority has neither less than 3 nor more than 9 members at any time.
Qualifications for non-executive members
Before appointing a person to be the chairman or another non-executive member, the Secretary of State must satisfy himself that the person does not have a conflict of interest.
The Secretary of State must also satisfy himself from time to time that the chairman and every other non-executive member does not have a conflict of interest.
Any of the persons mentioned in sub-paragraph (4) must, if so requested by the Secretary of State, provide the Secretary of State with such information as he considers necessary for the purpose of discharging his duties under this paragraph.
The persons are—
a person whom the Secretary of State proposes to appoint to be the chairman or another non-executive member, and
the chairman and other non-executive members.
Sub-paragraphs (1) to (4) apply in connection with the approval by the Secretary of State of an appointment by the Authority as they apply in connection with an appointment by him.
In this paragraph and paragraph 3 “conflict of interest”, in relation to a person, means a financial or other interest which is likely to affect prejudicially the discharge by him of his functions as a member of the Authority.
But for the purposes of this paragraph and paragraph 3 a person is not to be taken to have a conflict of interest by reason only—
that he is or has previously been engaged, on behalf of the relevant authority, in activities connected with the discharge of the authority's functions relating to occupational pension schemes or personal pension schemes, or
that he has previously been a trustee or manager of such a scheme or an employee of such a trustee or manager.
Tenure of office of non-executive members
The chairman and each other non-executive member holds and vacates office in accordance with the terms of his appointment (subject to this Schedule).
A person's appointment as the chairman or other non-executive member must state the period for which the appointment is made.
A person is eligible for re-appointment at the end of any such period.
The chairman and each other non-executive member may resign by notice in writing to the Secretary of State.
If the Secretary of State is satisfied that the chairman or another non-executive member—the Secretary of State may by notice in writing remove him from office.
has at any time had a bankruptcy order made against him or had his estate sequestrated,
has at any time made a composition or arrangement with, or granted a trust deed for, his creditors,
has a conflict of interest,
is unfit for office by reason of misconduct,
has failed to comply with the terms of his appointment,
has without reasonable excuse failed to discharge the functions of his office, or
is otherwise incapable of discharging, or unfit or unwilling to discharge, the functions of his office,
Remuneration etc. of non-executive members
The Authority may—as the Secretary of State may determine.
pay to the chairman and other non-executive members such remuneration, and
pay to or in respect of the chairman and other non-executive members such sums by way of or in respect of allowances and gratuities,
Where—the Authority may make a payment to the person of such amount as the Secretary of State may determine.
otherwise than on the expiry of his term of office, a person ceases to be the chairman or another non-executive member, and
the Secretary of State thinks there are special circumstances that make it right for the person to receive compensation,
Deputy chairman
The Secretary of State may appoint a non-executive member to be the deputy chairman.
A person appointed to be the deputy chairman—
ceases to be the deputy chairman if he ceases to be a member of the Authority, but
otherwise holds and vacates office in accordance with the terms of his appointment.
During any vacancy in the office of chairman, or at any time when the chairman is absent or otherwise unable to act, any of his functions may be discharged by the deputy chairman.
In discharging any function of the chairman under sub-paragraph (3), the deputy chairman must have regard to any guidance given by the chairman as to the discharge of that function by the deputy chairman.
Executive members and employees
The following are to be the executive members of the Authority—
the chief executive of the Authority, and
such other persons (if any) as are appointed in accordance with sub-paragraph (4) or (5).
The first chief executive is to be appointed by the Secretary of State, and until he makes such an appointment the membership of the Authority is not required by virtue of paragraph 1(1)(c) to include any executive member.
Any subsequent chief executive is to be appointed by the non-executive committee with the approval of the Secretary of State.
The first executive members (if any) appointed for the purposes of sub-paragraph (1)(b) are to be appointed by the Secretary of State.
Any subsequent appointment for the purposes of sub-paragraph (1)(b) is to be made by the non-executive committee with the approval of the Secretary of State.
The chief executive is to be an employee of the Authority.
The Authority may appoint any other executive members as employees.
The Authority may appoint other employees, and may make such other arrangements for the staffing of the Authority as it thinks fit.
Terms and conditions of executive members
The first chief executive is to be appointed to hold his office, and any executive members appointed in accordance with paragraph 6(4) are to be appointed as such members and , if appointed as employees under paragraph 6(6A), are to be employed by the Authority, on such terms and conditions, including those as to remuneration, as the Secretary of State may determine.
Any subsequent chief executive is to be appointed to hold his office, and any executive members appointed in accordance with paragraph 6(5) are to be appointed as such members and , if appointed as employees under paragraph 6(6A), are to be employed by the Authority, on such terms and conditions, including those as to remuneration, as the non-executive committee may determine with the approval of the Secretary of State.
The Authority must—as the non-executive committee may determine.
pay to or in respect of . . . executive members such pensions, allowances or gratuities, or
provide and maintain for them such pension schemes (whether contributory or not),
If an employee of the Authority who is an executive member—his service (after ceasing to be an executive member) as an employee may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if it were service as an executive member.
is a participant in a pension scheme applicable to his membership of the Authority, and
ceases to be an executive member without ceasing to be an employee,
Terms and conditions of other employees
The employees of the Authority who are not executive members are to be appointed to and hold their employments on such terms and conditions, including those as to remuneration, as the Authority may determine.
The Authority must—as the Authority may determine.
pay to or in respect of employees who are not executive members such pensions, allowances or gratuities, or
provide and maintain for them such pension schemes (whether contributory or not),
If an employee of the Authority—his service as a member may, if the Secretary of State so determines, be treated for the purposes of the pension scheme as if it were service as an employee.
is a participant in a pension scheme applicable to his employment, and
becomes an executive member,
Proceedings etc.
Non-executive committee
There is to be a committee of the Authority consisting of the chairman and every other non-executive member of the Authority (referred to in this Schedule as the “non-executive committee”).
The non-executive committee must—
keep under review the question whether the Authority's internal financial controls secure the proper conduct of its financial affairs, and
discharge the other functions conferred on it by this Schedule.
The non-executive committee must prepare a report on the discharge of the functions mentioned in sub-paragraph (2) for inclusion in the annual report of the Authority under paragraph 17.
The report under sub-paragraph (3) must relate to the same period as the Authority's report.
The non-executive committee may establish a sub-committee.
The members of a sub-committee under sub-paragraph (5)—
must include at least one non-executive member of the Authority, and
must not include persons who are executive members or employees of the Authority.
A sub-committee under sub-paragraph (5) may include persons who are not members of the non-executive committee or the Authority.
Paragraphs 9 and 10 do not apply to the non-executive committee.
Other committees and advisory committees
The Authority may—
establish a committee for the purpose of discharging any of its functions, and
establish a committee for the purpose of giving advice to the Authority about matters relating to the discharge of its functions.
A committee may consist of or include persons (including persons constituting a majority of the committee) who are neither members nor employees of the Authority.
But except where a committee—the committee must contain at least one person who is either a member or an employee of the Authority (or is both).
is established solely for the purpose mentioned in sub-paragraph (1)(b), and
is not authorised under paragraph 14 to discharge functions on behalf of the Authority,
Where a person who is neither a member nor an employee of the Authority is a member of a committee, the Authority may pay to that person such remuneration and expenses as it may determine.
A committee of the Authority may establish a sub-committee.
Every member of a sub-committee must be a member of the committee which established it.
Proceedings of the Authority, committees and sub-committees
The Authority may, subject to this Schedule—
regulate its own procedure;
subject to sub-paragraph (1A), regulate the procedure of its committees or sub-committees;
enable committees or sub-committees to regulate their own procedure subject to any provision made by the Authority.
The non-executive committee may, subject to this Schedule—
regulate its own procedure;
regulate the procedure of its sub-committees;
enable its sub-committees to regulate their own procedure subject to any provision it makes.
The procedure for the discharge of the separate functions which are conferred under this Schedule on the non-executive committee is to be determined by a majority of the the members of that committee.
In this paragraph a power to regulate or determine procedure includes, in particular, power—
to specify a quorum for meetings,
to make provision that in specified circumstances the Authority or, as the case may be, the non-executive committee may exercise their respective powers of appointment under paragraph 1(3) or 6(5) at a meeting which is inquorate, and
to make provision about the making of decisions by a majority.
The Authority must publish, in such manner as it thinks fit, its own procedures and those of its committees and sub-committees.
This paragraph has effect subject to paragraph 13.
The Authority must make arrangements for the keeping of proper records—
of its proceedings,
of the proceedings of its committees and sub-committees,
of the proceedings of a meeting of the chairman and other non-executive members,
of anything done by an employee or member of the Authority under paragraph 14(a) or (b).
Disqualification for acting in relation to certain matters
This paragraph applies if at any meeting of—a member of the Authority or, as the case may be, of the committee or sub-committee has a direct or indirect interest in any matter falling to be considered at the meeting.
the Authority,
the chairman and other non-executive members, or
any committee or sub-committee,
The person with the interest must declare it and the declaration must be recorded in the minutes of the meeting.
The person with the interest may not take part in any discussion or decision relating to the matter in which he has an interest, unless—
in the case of a meeting of the Authority or of the chairman and other non-executive members, the other members who are present when the discussion or decision falls to take place or is made have resolved unanimously that the interest is to be disregarded, or
in any other case, the other members of the committee or sub-committee who are so present have resolved in the manner authorised by the Authority that the interest is to be disregarded.
In granting authorisations for the purposes of sub-paragraph (3)(b), the Authority must secure that a resolution for those purposes does not allow a person to take part in a discussion or decision at a meeting of a committee established by virtue of paragraph 9(1)(a) or of a sub-committee of such a committee unless at least the following requirements are met—
the number of other members of the committee or sub-committee in favour of the resolution is not less than two-thirds of those who are both present and entitled to vote on the resolution, and
the number of other members of the committee or sub-committee in favour of the resolution is not less than its quorum.
For the purposes of this paragraph a general notification given at or sent to a relevant meeting that—is to be regarded as compliance with sub-paragraph (2) in relation to any such matter for the purposes of that meeting and any subsequent relevant meeting of the same type which is held while the notification is in force.
a person—
has an interest (as member, officer, employee or otherwise) in a specified body corporate or firm, or
is connected with a specified person (other than a body corporate or firm), and
he is to be regarded as interested in any matter involving that body corporate or firm or, as the case may be, person,
Section 252 of the Companies Act 2006 (c. 46) (persons connected with a director) applies for determining whether a person is connected with another person for the purposes of sub-paragraph (5) as it applies for determining whether a person is connected with a director of a company.
A notification for the purposes of sub-paragraph (5) remains in force until it is withdrawn.
For the purposes of sub-paragraph (5) each of the following is a “relevant meeting”—and a relevant meeting is of the same type as another relevant meeting if both meetings are relevant meetings by virtue of falling within the same paragraph of this sub-paragraph.
a meeting of the Authority,
a meeting of the chairman and other non-executive members,
a meeting of a committee,
a meeting of a sub-committee,
A person required to make a declaration for the purposes of this paragraph in relation to any meeting—
is not required to attend the meeting, but
is to be taken to have complied with the requirements of this paragraph if he takes reasonable steps to secure that notice of his interest is read out at, and taken into consideration at, the meeting.
For the purposes of this paragraph a person is not to be taken to have an interest in any matter by reason only—
that he is or has previously been engaged, on behalf of the relevant authority, in activities connected with the discharge of the authority's functions relating to occupational pension schemes or personal pension schemes, or
that he has previously been a trustee or manager of such a scheme or an employee of such a trustee or manager.
Delegation
The Authority may delegate any function conferred on it to—
a member,
an employee, or
a committee.
Validity of proceedings
The validity of proceedings of the Authority, the chairman and other non-executive members, a committee or a sub-committee is not affected by—
a vacancy among the members of the Authority or, as the case may be, the committee or sub-committee,
a defect in the appointment of a person as chairman, deputy chairman or any other member, or
a failure to comply with a requirement which is a requirement as to procedure by virtue of paragraph 11.
Sub-paragraph (1)(c) does not validate any proceedings of a meeting which is inquorate for a reason not within sub-paragraph (1)(a) or (b).
Authentication of the Authority's seal
The application of the Authority's seal must be authenticated by the signature of—
the chairman or another member, or
any other person authorised by the Authority (whether generally or specially) for the purpose.
A document purporting to be duly executed under the seal of the Authority, or to be signed on behalf of the Authority, is to be received in evidence and, except to the extent that the contrary is shown, taken to be duly so executed or signed.
This paragraph does not apply to Scotland.
Annual report
As soon as is reasonably practicable after the end of each financial year, the Authority must send to the Secretary of State a report on the exercise of the Authority's functions during that year.
A report under this paragraph must include—
a report on the Authority's proceedings during that year,
the report prepared by the non-executive committee under paragraph 8A(3), and
such information relating to the financial position of the Authority, and to any other matters that he thinks appropriate, as the Secretary of State may direct.
The Secretary of State must lay before Parliament a copy of each report received by him under this paragraph.
Money
Finance
The Secretary of State may, with the consent of the Treasury, give financial assistance to the Authority.
The assistance—
may take the form of grants, loans, guarantees or indemnities;
may be given on conditions;
in the case of a loan, must be given on a condition requiring the loan to be repaid with interest at a rate approved by the Treasury.
Section 5 of the National Loans Act 1968 (rates of interest on certain loans out of the National Loans Fund) has effect as respects the rate of interest on a loan under this paragraph as it has effect as respects a rate of interest within subsection (1) of that section.
Accounts
The Authority must—
keep proper accounting records, and
prepare a statement of accounts in respect of each financial year.
A statement under sub-paragraph (1)(b) must be prepared by the Authority in such form as the Secretary of State may direct.
The Authority must send a copy of a statement under sub-paragraph (1)(b)—
to the Secretary of State, and
to the Comptroller and Auditor General.
A copy of a statement must be sent under sub-paragraph (3) within such period, beginning with the end of the financial year to which the statement relates, as the Secretary of State may direct.
The Comptroller and Auditor General must—
examine, certify and report on a statement received under this paragraph, and
send a copy of the certified statement and of his report to the Secretary of State as soon as possible.
The Secretary of State must lay a copy of the statement and report sent under sub-paragraph (5)(b) before Parliament.
Supplementary
Disqualification
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified) insert at the appropriate place— “ The Personal Accounts Delivery Authority. ”
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified) insert at the appropriate place— “ The Personal Accounts Delivery Authority. ”
Records and freedom of information
In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records) in paragraph 3, insert at the appropriate place in Part 2 of the Table (other establishments and organisations)— “ Personal Accounts Delivery Authority ”
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities: miscellaneous) insert at the appropriate place— “ The Personal Accounts Delivery Authority ”.
Interpretation
In this Schedule—“financial year” means—the period beginning with the day on which this Act is passed and ending with the following 31st March; and every subsequent period of 12 months ending with 31st March;“non-executive member”, in relation to the Authority, means a member of the Authority who is not an executive member;“occupational pension scheme” and “personal pension scheme”—in relation to England and Wales or Scotland, have the same meanings as in the Pension Schemes Act 1993 (c. 48) (see section 1 of that Act); in relation to Northern Ireland, have the same meanings as in the Pension Schemes (Northern Ireland) Act 1993 (c. 49) (see section 1 of that Act);“the relevant authority” means—in relation to England and Wales or Scotland, the Secretary of State, or in relation to Northern Ireland, the Department for Social Development in Northern Ireland;“trustee or manager”—in relation to England and Wales or Scotland, is to be construed in accordance with section 178 of the Pension Schemes Act 1993 (c. 48) (trustees and managers of schemes: interpretation); in relation to Northern Ireland, is to be construed in accordance with section 173 of the Pension Schemes (Northern Ireland) Act 1993 (trustees or managers of schemes).
In this Schedule references to the relevant authority's functions relating to occupational pension schemes or personal pension schemes include such functions conferred at any time after the passing of this Act.
Repeals and revocations
Category B retirement pension: removal of restriction on entitlement
In section 48A—in each of subsections (2)(a) and (2B)(a), the words “and become entitled to a Category A retirement pension”; subsection (5).
Section 54(3).
In Schedule 5, paragraph 8(3).
Category A and C retirement pensions: abolition of adult dependency increases
Section 30B(3)(b) (together with the “and” following it).
Section 78(4)(d) (together with the “and” preceding it).
Sections 83, 84 and 85.
In section 114(4), “to 84”.
In section 149(3)(b), the words “section 83(2) or (3) above or”.
In Part 2 of Schedule 4, paragraph 2.
In Part 3 of Schedule 4, paragraphs 18 to 20 and 21(10).
Up-rating
Removal of link between lower earnings limit and basic pension
Additional pension: simplified accrual rates
In section 39—the words “and Schedule 4A” wherever occurring; subsection (3).
In Schedule 4A, in paragraph 1(2), “39(1),”.
Abolition of contracting-out for defined contribution pension schemes: repeals and revocations having effect on abolition date
In section 7—subsections (4) to (6); in subsection (7), the words “or appropriate scheme certificate”; in the sidenote, the words “and appropriate scheme”.
In section 9—in subsection (1), “or (3)”; subsections (3) and (5); in subsection (6)(a), the words “or, as the case may be, appropriate”; in subsection (6)(b), the words “or, as the case may be, of being an appropriate scheme,”.
Section 12.
In section 34—in subsection (3), the words “or, as the case may be, the scheme's continuing to be an appropriate scheme” and “or appropriate scheme”; subsection (5); in subsection (8), the words “or appropriate scheme certificate”.
Section 42B.
Section 44.
Section 45A.
In section 55(2)(a), the words “(other than a money purchase contracted-out scheme)”.
In section 96(2)(a)(ii), the words “which is not an appropriate scheme”.
Section 163(2)(c).
In section 181(4) “, 44”.
Section 136(2) and (4).
Section 138(5).
Sections 142 to 146.
Section 164.
In Schedule 5, paragraphs 24, 34, 35 and 37(a).
Section 1(10).
Section 7.
In Schedule 2, paragraph 5 (and the cross heading immediately preceding it).
In Schedule 5 in paragraph 7(6), in the definition of “contracted-out rights”—in paragraph (a), “or (3)”; the “or” following paragraph (a).
Section 257(7).
Section 284(3) to (7).
Section 285(4) and (5).
Abolition of contracting-out for defined contribution pension schemes: further repeals
In section 4C—subsection (2)(d); in subsection (5)(b), “or 42A(2C)”; subsection (5)(g) to (j).
In paragraph 1 of Schedule 1—sub-paragraph (3)(a) and (b); sub-paragraph (6)(a) and (b); in sub-paragraph (9), the definition of “COMPS service”.
Section 8(3).
In section 20(3), “and 43 to 45”.
Section 31.
Section 40(b).
Section 42A.
Section 43.
Section 45.
Section 45B.
In section 164(2)(b), “, 43 and 45”.
In section 177—in subsection (2)(za), the words “or section 42A(2C) or (3)”; subsection (2)(a); in subsection (7)(a), “, 42A(2D) or (5) or 43(5) or (6)”.
In section 181—in subsection (1), the definition of “minimum contributions”; in subsection (4), “, 43”.
In paragraph 2 of Schedule 4—sub-paragraphs (2) and (3); in the opening words of sub-paragraph (3A), “or (3)”; in sub-paragraph (3A)(a), the words “or (2) (as the case may be)”; in sub-paragraph (5), the definition of “appropriate flat-rate percentage.”
Section 137(1), (5), (6) and (7).
Section 138(1) to (4).
Section 139.
In Schedule 5, paragraphs 36, 42 and 43.
In Part 2 of Schedule 9, paragraph 7.
In Schedule 11, paragraph 21.
Removal of Secretary of State's role in approving actuarial guidance