- Statutory Instrument 2000 No. 1047 (C. 29)
The Welfare Reform and Pensions Act 1999 (Commencement No. 4) Order 2000
© Crown Copyright 2000
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| Made | 13th April 2000 |
The Secretary of State for Social Security, in exercise of powers conferred on him by sections 83(1) and 89(1) and (6) of the Welfare Reform and Pensions Act 1999[1], and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and interpretation
1. - (1) This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No. 4) Order 2000.
(2) In this Order, references to "the Act" are references to the Welfare Reform and Pensions Act 1999, and, except where the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Act.
Appointed days
2. - (1) The day appointed for the coming into force of section 69 of the Act (child benefit: claimant to state national insurance number) -
-
(a) for the purpose of the exercise of powers to make regulations, is 17th April 2000; and
(b) for all other purposes, is 15th May 2000.
(2) The day appointed -
-
(a) for the coming into force of the provisions of the Act specified in Part I of the Schedule to this Order -
-
(i) for the purpose of the exercise of powers to make regulations, is 24th April 2000, and
(ii) for all other purposes, is 9th April 2001;
(b) for the coming into force of the provisions of the Act specified in Part II of that Schedule, is 25th April 2000;
(c) for the coming into force of the provisions of the Act specified in Part III of that Schedule, in so far as not already in force, is 1st October 2000;
(d) for the coming into force of the provisions of the Act specified in Part IV of that Schedule, in so far as not already in force, is 1st December 2000; and
(e) for the coming into force of the provisions of the Act specified in Part V of that Schedule, in so far as not already in force, is 8th October 2001.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State, Department of Social Security
13th April 2000
| Provision of the Act | Subject matter |
| Section 54 | Bereavement payments |
| Section 55 | new allowances for bereaved spouses |
| Section 56 | entitlement to Category B retirement pension by reference to new allowances |
| Part I of Schedule 8, and section 70 in so far as it relates to that Part | minor and consequential amendments - bereavement benefits |
| Part V of Schedule 13 in respect of the repeals specified below, and section 88 in so far as it relates to them - | repeals - |
| in section 617 of the Income and Corporation Taxes Act 1988,[2] in subsection (1)(a) the words "widow's payments,", and subsection (6) | social security benefits and contributions - widow's payments |
| in the Social Security Contributions and Benefits Act 1992,[3] section 20(1)(e)(i) | description of contributory benefits - widow's payment |
| in the Social Security Act 1998,[4] paragraph 78 of Schedule 7 | late claims for widowhood benefit |
| Provision of the Act | Subject matter |
| Schedule 2 in the respects specified below, and section 18 so far as it relates to them - | pensions: miscellaneous amendments - |
| Paragraph 3 | inclusion of self-employed in personal pension schemes |
| Paragraph 4 | revaluation of earnings factors |
| Paragraph 8 | payment of contributions by Secretary of State |
| Paragraphs 9 to 11 | supervision by Occupational Pensions Regulatory Authority |
| Paragraph 12 | institutions who may hold deposits |
| Paragraph 13 | annual increase in pension |
| Paragraph 15 | improper treatment of excess assets |
| Paragraph 16 | reports of Pensions Compensation Board |
| Paragraph 17 | diligence against pensions: Scotland |
| Paragraph 18 | rounding of pensionable service |
| Paragraph 19 | employment rights for directors of corporate trustees |
| Paragraphs 73 and 75 of Schedule 12, and section 84(1) so far as it relates to them | treatment for income tax purposes of payments made by virtue of section 79 |
| Part I of Schedule 13 in respect of the repeals specified below, and section 88 so far as it relates to them - | repeals: pensions (miscellaneous) - |
| in the Pension Schemes Act 1993[5], the repeals in sections 73(2)(a)(ii), 96(2)(a) and 181(1) | short service benefit, option to take cash equivalent; definitions |
| in the Pensions Act 1995[6] the repeal in section 8(4) | appointment of trustees |
| the repeals in section 126(1) of the Scotland Act 1998[7] | definitions |
| Provision of the Act | Subject matter |
| Section 1 | meaning of "stakeholder pension scheme" |
| Section 2 | registration of stakeholder pension schemes |
| Section 7 | reduced rates of contributions etc. |
| Section 8, except the definition of "designated scheme" | interpretation, and application of Part I |
| Schedule 1 except sub-paragraph (3) of paragraph 1, and section 6(3) except in so far as it relates to that sub-paragraph | application of enactments |
| Provision of the Act | Subject matter |
| Section 20 | orders in Scotland |
| Section 23 | supply of pension information in connection with divorce etc. |
| Section 24 | charges by pension arrangements in relation to earmarking orders |
| Section 26 | interpretation of Part III |
| Section 27 to 46 | sharing of rights under pension arrangements |
| Section 47 to 51 | sharing of state scheme rights |
| Section 85(5) | transitional provisions |
| Schedule 5 | pension credits: mode of discharge |
| Schedule 6 | effect of state pension debits and credits |
| Schedule 8, paragraph 33, and section 70 so far as it relates to that paragraph | minor and consequential amendments - retirement pensions |
| Schedule 12, paragraphs 5 to 7, 8(1), (2), (5), (6), 9, 11, 12, 14 to 22, 23 to 27, 28 to 42 and 43 to 63 and section 84(1) so far as it relates to those paragraphs | consequential amendments to the Family Law (Scotland) Act 1985[8], the Social Security Contributions and Benefits Act 1992[9], the Social Security Administration Act 1992[10], the Pension Schemes Act 1993[11] and the Pensions Act 1995[12] |
| Schedule 13, Part II in respect of the repeals in the Family Law (Scotland) Act 1985, and Part III, and section 88 so far as it relates to those repeals and to that Part III | repeals - pension sharing |
| Provision of the Act | Subject matter |
| Section 3 | duty of employers to facilitate access to stakeholder pension schemes |
| Section 4 | obtaining information |
| Section 5 | powers of inspection |
| Section 6(1), (2) and (4) | application of enactments |
| Section 8(1) as it relates to the definition of "designated scheme" | interpretation |
| in Schedule 1, sub-paragraph (3) of paragraph 1, and section 6(3) in so far as it relates to that sub-paragraph | application of section 47(9) of Pensions Act 1995 (professional advisers) |
(This note is not part of the Order)
This Order brings into force provisions of the Welfare Reform and Pensions Act 1999 ("the Act") as follows:
Section 69 of the Act (which provides for entitlement to child benefit to be conditional on the claimant's stating, or providing information about, or applying for, his national insurance number) is brought into force on 17th April 2000, for the purpose of exercising powers to make regulations, and on 15th May 2000 for all other purposes (article 2(1)).
Sections 54 to 56 of the Act (which make provision in connection with bereavement benefits), and related provisions in Schedules 8 and 13 to the Act, are brought into force on 24th April 2000, for the purpose of exercising powers to make regulations, and on 9th April 2001 for all other purposes (Part I of the Schedule to this Order).
Certain provisions of Schedule 2 to the Act (which contains miscellaneous amendments of the law relating to pensions) and two provisions of Schedule 12 to the Act (concerned with the treatment for income tax purposes of payments made by virtue of section 79 of the Act, as specified in Part II of the Schedule to this Order, are brought into force on 25th April 2000.
Part I of the Act (which introduces arrangements for stakeholder pension schemes) is brought into force on 1st October 2000, in the case of provisions specified in Part III of the Schedule to this Order, and on 8th October 2001, as respects all of its remaining provisions (Part V of that Schedule).
Sections 20, 23, 24 and 26 of the Act (which make provision in connection with the treatment of pensions on divorce or on annulment of marriage), Part IV of the Act (which introduces arrangements for the sharing of pensions) and related consequential amendments and repeals in Schedules 8, 12 and 13 to the Act, are brought into force on 1st December 2000 (Part IV of the Schedule).
An assessment of the cost to business of the commencement of provisions in the Welfare Reform and Pensions Act 1999 is detailed in the Regulatory Impact Assessment of that Act. A copy of the Assessment has been placed in the libraries of both Houses of Parliament. Copies of the Assessment are available from the Department of Social Security, Regulatory Impact Unit, 3rd Floor, the Adelphi, 1-11 John Adam Street, London WC2N 6HT.
(This note is not part of the Order)
The following provisions have been brought into force by:
-
- the Welfare Reform and Pensions Act 1999 (Commencement No. 1) Order 1999 (S.I. 1999/3309) (C. 88),
- the Welfare Reform and Pensions Act 1999 (Commencement No. 2) Order 1999 (S.I. 1999/3420) (C. 92), or
- the Welfare Reform and Pensions Act 1999 (Commencement No. 3) Order 2000 (S.I. 2000/629) (C. 13)
| Provision | Date of Commencement | S.I. No. |
| section 10 | 3rd April 2000 | 2000/629 |
| section 53 | 12th January 2000 and 2nd April 2000 | 1999/3309 |
| section 61 | 3rd April 2000 | 1999/3309 |
| section 66 | 12th January 2000 | 1999/3309 |
| section 67(1) and (2) | 12th January 2000 | 1999/3309 |
| Schedule 8 in the following respects, and section 70 in so far as it relates to them: | ||
| paragraph 23(1), (2) and (4) | 13th December 1999 | 1999/3309 |
| paragraph 23(3) | 3rd April 2000 | 1999/3309 |
| paragraph 24 | 3rd April 2000 | 1999/3309 |
| paragraphs 30 to 32 (partially) | 12th January 2000 and 2nd April 2000 | 1999/3309 |
| section 73 and Schedule 9 | 22nd December 1999 and 6th April 2000 | 1999/3420 |
| section 74 and Schedule 10 | 22nd December 1999 and 6th April 2000 | 1999/3420 |
| sections 75 and 76 | 22nd December 1999 | 1999/3420 |
| sections 77 and 78 | 6th April 2000 | 1999/3420 |
| Schedule 12 in the following respects, and section 84(1) in so far as it relates to them: | ||
| paragraph 74 | 6th April 2000 | 1999/3420 |
| paragraphs 76 to 78 | 6th April 2000 | 1999/3420 |
| paragraphs 84 to 86 | 6th April 2000 | 1999/3420 |
| Schedule 13 in the following respects, and section 88 in so far as it relates to them: | ||
| Part V (partially) | 2nd April 2000 | 1999/3309 |
| Parts VI and VII | 6th April 2000 | 1999/3420 |
Notes:
[1] 1999 c. 30.back
ISBN 0 11 099119 2