The Pensions Act 2004 (Commencement No. 4 and Amendment) Order 2005

© Crown Copyright 2005

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Pensions Act 2004 (Commencement No. 4 and Amendment) Order 2005, ISBN 0110727703. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

(a) after article 6 (savings), insert the following article - 

     " 6A.  - (1) Notwithstanding the repeals of section 74 of the 1995 Act (discharge of liabilities by insurance, etc.) mentioned in Schedule 1, that section shall continue to have effect as it applied immediately before 6th April 2005 to any scheme which - 


(a) was regarded at that time by virtue of regulation 2 of the Occupational Pension Schemes (Winding Up) Regulations 1996[3] (commencement of winding up) as having begun to be wound up for the purposes of those Regulations; or

(b) in accordance with section 124(3A) to (3E) of the 1995 Act[4] (interpretation: time at which the winding up of an occupational pension scheme shall be taken to begin) began to wind up before that date.



    (2) In paragraph (1), the reference to a scheme includes a reference to any section of a scheme to which section 74 of the 1995 Act applies as if it were a scheme by virtue of regulation 12 of those Regulations[5] (winding up of sectionalised schemes etc.)."; and

(b) in Schedule 3 (provisions referred to in article 6 which are to continue to have effect as if they were in force immediately before their amendment or repeal by the Act), after the entry in the table relating to section 103 - 


(i) in column 1, insert "Section 124(1)"; and

(ii) in column 2, insert "Interpretation of Part 1".

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


Chris Pond
Parliamentary Under-Secretary of State, Department for Work and Pensions

5th April 2005

[2] S.I. 2005/695 (C.29).back

[3] S.I. 1996/3126.back

[4] Subsections (3A) to (3E) were inserted by the Child Support, Pensions and Social Security Act 2000 (c.19). Subsections (3A) and (3E) are amended by section 319(1) of, and paragraph 69 of Schedule 12 to, the Pensions Act 2004.back

[5] Regulation 12(1) was substituted and regulation 12(2) was deleted by regulation 17 of S.I. 1997/786.back