Office of Public Sector Information

64 Sections 133 to 135 (advice and determinations as to conformity of schemes with requirements) are repealed.

65 In section 155 (requirement to give information to the Secretary of State or the Board)—

(a) “or the Board” is omitted,

(b) for “or they require” there is substituted “requires”, and

(c) for the words from “sections 7” to “premiums” there is substituted “Part III”.

66 In section 158 (disclosure of information between government departments)—

(a) subsections (2) and (3) are omitted,

(b) in subsection (6), “(2) or (3)”, paragraph (d) and the “or” immediately preceding it are omitted,

(c) in subsection (7)—

(i) for “the Inland Revenue and the Board”, there is substituted “and the Inland Revenue”,

(ii) after paragraph (a), there is inserted “or”, and

(iii) paragraph (c) and the “or” immediately preceding it are omitted, and

(d) subsection (8) is omitted.

67 In section 164(1)(b)(i) (Crown employment), “2 to 5”, “172, 173” and “and Schedule 1” are omitted.

68 In section 165 (application of certain provisions to case with foreign element), in subsection (2)(a), for the words from “sections 7” to “premiums)” there is substituted “Part III”.

69 In section 166(5) (reciprocity with other countries), “sections 2 to 5”, “172, 173” and “and Schedule 1” are omitted.

70 In section 170 (determinations by the Secretary of State)—

(a) in subsection (1)—

(i) in paragraph (b) for “state scheme premium” (in both places) there is substituted “contributions equivalent premium”,

(ii) the “and” at the end of paragraph (c) is omitted, and

(iii) for the words following paragraph (d) there is substituted “and

(e) any question whether an employment is, or is to be treated, for the purposes of the Pension Schemes Act 1993 as contracted-out employment or as to the persons in relation to whom, or the period for which, an employment is, or is to be treated, for the purposes of that Act as such employment”,

(b) subsections (3) and (4) are omitted, and

(c) at the end of that section there is added—

“(7) Sections 18 and 19 of the Social Security Administration Act 1992 (appeals and reviews) shall have effect as if the questions mentioned in subsection (1) of section 17 of that Act included—

(a) any question arising in connection with the issue, cancellation or variation of contracting-out certificates or appropriate scheme certificates, not being a question mentioned in subsection (1)(e) above, and

(b) any other question arising under this Act which falls to be determined by the Secretary of State, not being a question mentioned in that subsection.

(8) Regulations may make provision with respect to the procedure to be adopted on any application for a review made under section 19 of that Act by virtue of subsection (7) above and generally with respect to such applications and reviews, but may not prevent such a review being entered upon without an application being made”.

71 In section 171 (questions arising in proceedings), in subsection (1)(b), for “state scheme premium” there is substituted “contributions equivalent premium”.

72 Sections 172 and 173 (reviews and appeals) are repealed.

73 In section 174 (grants), for “Board” (in both places) there is substituted “Regulatory Authority”.

74 In section 176 (fees), for “either by the Secretary of State or by the Board on his behalf” there is substituted “by the Secretary of State”.

75 In section 177 (general financial arrangements)—

(a) in subsection (3)(b)—

(i) in sub-paragraph (i), “sections 2 to 5”, “172, 173” and “and Schedule 1” are omitted, and

(ii) in sub-paragraph (ii), the words from “sections 55” to “premiums)” are omitted, and

(b) subsection (7)(b) is omitted.

76 In section 178(b) (meaning of “trustee” and “manager”), “sections 2 to 5”, “172, 173” and “and Schedule 1” are omitted.

77 In section 181 (general interpretation)—

(a) in subsection (1)—

(i) the definitions of “accrued rights premium”, “the Board”, “contracted-out protected rights premium”, “limited revaluation premium”, “pensioner’s rights premium”, “personal pension protected rights premium”, “state scheme premium” and “transfer premium” are omitted, and

(ii) in the definition of “contributions equivalent premium”, for “section 55(6)(e)” there is substituted “section 55(2)”,

(b) in subsection (3), for “sections 2 to” there is substituted “section”, and “172, 173” and “and Schedule 1” are omitted, and

(c) in subsection (7), “and Schedule 1” is omitted.

78 In section 182(1) (orders and regulations), “the Board or” is omitted.

79 In section 183 (sub-delegation), in subsection (1), “sections 2 to 5”, “172, 173” and “or Schedule 1”, and subsection (2) are omitted.

80 In section 185 (consultation about regulations)—

(a) in subsection (1), for the words from the beginning to “make” there is substituted “Subject to subsection (2), before the Secretary of State makes”, and for the words from “refer the proposals” to the end there is substituted “consult such persons as he may consider appropriate”,

(b) in subsection (2), at the end of paragraph (c) there is added—

“(d) regulations in the case of which the Secretary of State considers consultation inexpedient because of urgency, or

(e) regulations which—

(i) state that they are consequential upon a specified enactment, and

(ii) are made before the end of the period of six months beginning with the coming into force of that enactment,”

(c) subsections (3) and (4) are omitted,

(d) in subsection (5), for “subsections (1) to (4)” there is substituted “subsection (1)”,

(e) subsection (6) is omitted, and

(f) in subsection (8), for “172(4)” there is substituted “170(8)”.

81 In section 186(5) (Parliamentary control of regulations and orders), “or section 185(4)” is omitted.

82 In section 192(2) (extent), for “sections 1 to 5” there is substituted “section 1” and “section 172(4) and (5)” is omitted.

83 Schedule 1 (the Occupational Pensions Board) is repealed.

84 In Schedule 2 (certification regulations)—

(a) in paragraph 2(1), for “the Board” there is substituted “the Secretary of State”,

(b) in paragraph 4(3), for the words from “does not cease” to the end there is substituted “which, apart from the regulations, would not be contracted-out employment is treated as contracted-out employment where any benefits provided under the scheme are attributable to a period when the scheme was contracted-out”,

(c) in paragraph 5(1)—

(i) “or the Board” and “or, as the case may be, the Board” are omitted, and

(ii) for “65” there is substituted “63”,

(d) in paragraph 5(2), “to 65” is omitted, and

(e) in paragraph 9, for sub-paragraphs (3) to (5) there is substituted—

“(2A) Sub-paragraphs (3) and (4) shall be omitted”.

85 In Schedule 4 (priority in bankruptcy), in paragraph 3(1), for “state scheme premium” there is substituted “contributions equivalent premium”.

86 In Schedule 6 (transitional provisions and savings), paragraph 11 is omitted.