2000-01-01

Retirement Benefits Schemes Act 2000 (Appointed Day) (No. 3) Order 2004

The Treasury issued this Order to bring specific provisions of the Retirement Benefits Schemes Act 2000 into full operation for domestic schemes. Part I of the Schedule takes effect on 1 November 2004, while Part II takes effect on 1 May 2005. This legislation completes the implementation of sections 21 to 24, which were previously applied only to international retirement benefits schemes.

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Statutory Document No. 588/04 RETIREMENT BENEFITS SCHEMES ACT 2OOO THE RETIREMENT BENEFITS SCHEMES ACT 2OOO (APPOINTED DAÐ (No. 3) ORDER 2004 In exercise of the powers conferred on the Treasury by section 56 of the Retirement Benefits Schemes Act 20001, and of all other enabling powers, the following Order is hereby made:- Citation and interpretation

  1. (1) This Order may be cited as the Retirement Benefits Schemes Act 2000 (Appointed DÐ (No. 3) Order 2004. (2) ktthis Order references to "the Act" are references to the Retirement Benefits Schemes Act 2000 and references to sections are references to sections of the Act. Äppointed day
  2. (l) The provisions specified in Part I of the Schedule shall come into operation on the 1st November 2004. (2) The provisions specified in Part II of the Schedule sha1l come into operation on the 1st May 2005. Made ll-k\ ls^^hs.r 2oo4 Signed by authority of the Minister for the Treasury t 2ooo c.14 1 Pl i,:c 7[jii

PÄRT I PROVISIONS OF T}IE ACT COMING INTO OPERATION ON TTIE 1STNOVEMBER 2OO4

EXPLANATORY NOTE (fhis note is not part of the Order) This Order provides for the coming into operation of certain provisions of the Retirement Benefits Schemes Act 2000 (c.la) from the days appointed in this Order. Article 1 provides for the citation and interpretation. Ar-ticle 2 establishes, primarily in respect of domestic schemes, the appointed days for the coming into operation wholly of the sections of the Act set out in the Schedule. The sections set out in the Schedule, apart from sections 21, to 24, were originally brought into operation by the second appointed day order, but for the purpose of the registration of international' retirement benefits schemes only. This No. 3 Order brings these sections wholly into operation from the days specified. For avoidance of doubt, for the purpose of this Order domestic schemes include retirement benefits schemes that are, or may be registered as, Recognised Schemes or Permitted Schemes in accordance with section 2l of the Retirement Benefits Schemes Act 2000 and the Retirement Benefits Schemes (Recognised Schemes) Regulations 2004 ISD 590/04] or the Retirement Benefits Schemes (Permitted Schemes) Regulations 2004 [SD 5931041q.v. NOTE AS TO EARLIER APPOINTED DAY ORDERS (This note is not part of the Order) The Retirement Benefits Schemes (Appointed Day)(No. 1) Order 2001 (S.D. l73l0I) brought into operation all of the provisions of the Act to the extent necessary for the purpose of making public documents under the Act. In addition it brought into operation fully the following provisions of the Act - Relevant Appointed Day Provision Heading Section 37 Constitution of the IPA lst April 2001 Sections 38(3) and (10) Review of decisions 1st April2001 Sections 51 to 56 lst April2001 Regulations, financial provisions, interpretation and defi nitions Schedules 1 to 3 Amendments and Repeals 1st April2001 3

The Retirement Benefits.Schemes (Appointed DÐG.fo. 2) Order 2001 (S.D. 64g10l) brought into force from the lst Junà ioozm"pro'nírìorr. oîtn. Act specified in the schedule to that order to the extent necessary for the registration of international retirement benefits schemes. In addition it brought wholly into operation the following provisions of the Act - Provision Heading Relevant Appointed Day Section 3 Authorisation lst January 2002 Section 4 Revocation of authorisation lstJanuary 2002 Section 5 Representations against revocation 1st January 2002 Section 6 Constitution and management Section 16 Publication of scheme particulars Ist January 2002 1 st January 2002 Istlanuary 2002 Section 19 Directors, controllers, etc Section 20 Avoidance of exclusion clauses. Ist January 2002 Sections 25 to 35 Powers of supervision, investigation and intervention 7st Jaruary 2002 Section 38(1), e) e.@)to (9) Review of Supervisor,s decision Blowing the whistle TstJanuary 2002 7st January 2002 Section 41 Section 42 Publication of information & advice Ist Jaruary 2002 Section 43 Restrictions on disclosure of information 7st January 2002 Section 44 Exceptions from restrictions on disclosure Ist January 2002 Section 45 Public registers 7st January 2002 Section 46 False and misleading statements Ist January 2002 Section 47 Defence in criminal proceedings 7st January 2002 Section 48 Criminal penalties Offences by bodies corporate Civil penalties Section 49 Section 50 7st Jarnary 2002 Ist January 2002 Istlanuary 2002 -4-