Pensions Act 2008
Sections and provisions with full text and the judgments that cite each one.
Section 61 — Powers to require information and to enter premises
Powers to require information and to enter premises 61 1 The Pensions Act 2004 (c. 35) is amended as follows. 2 In section 72, after subsection (1) insert— 1A If the Regulator requires information…
Section 62 — Disclosure of tax information etc
Disclosure of tax information etc 62 1 In the Pensions Act 2004 (c. 35), for section 88 (tax information) substitute— Tax information etc 88 1 This section applies to information held by the Revenue…
Section 63 — Information for private pensions policy and retirement planning
Information for private pensions policy and retirement planning 63 1 In Schedule 10 to the Pensions Act 2004 (c. 35) (use and supply of information for purposes relating to private pensions policy…
Section 64 — Penalty for disclosure
Penalty for disclosure 64 1 In section 82(5)(a) of the Pensions Act 2004 (penalty for disclosure of restricted information, on summary conviction), at the end insert “ , or imprisonment for a term…
Section 65 — Objectives of the Regulator
Objectives of the Regulator 65 In section 5(1) of the Pensions Act 2004 (c. 35) (Regulator's objectives), before “and” at the end of paragraph (c) insert— ca to maximise compliance with the duties…
Section 66 — Functions of the Pensions Ombudsman
Functions of the Pensions Ombudsman 66 1 Section 146 of the Pension Schemes Act 1993 (c. 48) (functions of the Pensions Ombudsman) is amended as follows. 2 In subsection (7), after paragraph (ba)…
Section 67 — Duty to establish a pension scheme
Duty to establish a pension scheme 67 1 The Secretary of State must establish a pension scheme and make provision for its administration and management. 2 A scheme established under this section is…
Section 68 — Scheme orders: general
Scheme orders: general 68 1 An order under section 67 establishing a scheme must provide for the trustee corporation (the body established by section 75) to be a trustee on the coming into force of…
Section 69 — Consultation of members and employers
Consultation of members and employers 69 1 If an order under section 67 establishes a scheme, the Secretary of State must by order under that section require the trustees to make and maintain…
Section 70 — Contribution limits
Contribution limits 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 71 — Procedure for scheme orders
Procedure for scheme orders 71 1 Subsection (2) applies to any order under section 67 relating to a scheme, except the order establishing the scheme and an order taking effect at the same time as…
Section 72 — Procedure for rules
Procedure for rules 72 1 A person who proposes to make rules under section 67 must publish a draft of the rules and invite comments. 2 They must have regard to any comments made in accordance with…
Section 73 — Application of enactments
Application of enactments 73 1 The Interpretation Act 1978 (c. 30) applies in relation to rules under section 67 as if they were contained in a deed not made under an enactment. 2 A scheme…
Section 74 — Review
Review 74 1 The Secretary of State must appoint a person to review in relation to a scheme established under section 67— a the effect of provision made under section 70 (maximum amount of…
Section 75 — Trustee corporation
Trustee corporation 75 1 There is to be a body corporate, referred to in this Chapter as the trustee corporation. 2 The name of the body is to be determined by order made by the Secretary of State. 3…
Section 76 — Functions
Functions 76 1 The functions of the trustee corporation are— a to act as a trustee of any scheme established under section 67, and b any other functions it is given by or under an enactment in…
Section 77 — Application of pension trustee legislation
Application of pension trustee legislation 77 1 The Secretary of State may by regulations provide that legislation applying in relation to a person as trustee of a pension scheme, or as director of a…
Section 78 — Interpretation of Chapter
Interpretation of Chapter 78 In this Chapter— “ employers' panel ” has the meaning given by section 69(2)(b); “ members' panel ” has the meaning given by section 69(2)(a); “ trustees ”, in relation…
Section 79 — Functions
Functions 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 80 — Principles
Principles 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 81 — Directions and guidance
Directions and guidance 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 82 — Finance
Finance 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 83 — Disclosure of information by the Regulator
Disclosure of information by the Regulator 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 84 — Non-executive committee
Non-executive committee 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 85 — Executive members
Executive members 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 86 — Winding up of the Authority
Winding up of the Authority 86 1 Section 23 of the Pensions Act 2007 (c. 22) (winding up of the Authority) is amended as follows. 2 For subsection (1) substitute— 1 The Secretary of State may by…
Section 87 — Stakeholder pension schemes
Stakeholder pension schemes 87 1 The Welfare Reform and Pensions Act 1999 (c. 30) is amended as follows. 2 Section 3 (duty of employers to facilitate access to stakeholder pension schemes) is amended…
Section 87A — Power to create exceptions from the employer duties etc
Power to create exceptions from the employer duties etc 87A 1 The Secretary of State may by regulations provide for exceptions to the employer duties; and an exception may in particular— a turn an…
Section 88 — Tax information etc
Tax information etc 88 1 This section applies to information held by the Revenue and Customs if it is held by them in connection with a function of the Revenue and Customs that relates to any of…
Section 89 — Agency workers
Agency workers 89 1 This section applies to an individual (“the agency worker”)— a who is supplied by a person (“ the agent ”) to do work for another person (“ the principal ”) under a contract or…
Section 90 — Directors
Directors 90 1 A person who holds office as a director of a company is not, by virtue of that office or of any employment by the company, a worker for the purposes of this Part, unless— a the person…
Section 91 — Crown employment
Crown employment 91 1 This Part has effect in relation to employment by or under the Crown as it has effect in relation to other employment. 2 For the purposes of the application of the provisions of…
Section 92 — Armed forces
Armed forces 92 1 A person serving as a member of the naval, military or air forces of the Crown is not, by virtue of that service, a worker for the purposes of this Part. 2 A member of any of the…
Section 93 — House of Lords staff
House of Lords staff 93 1 This Part has effect in relation to employment as a relevant member of the House of Lords staff as it has effect in relation to other employment. 2 In this section, “…
Section 94 — House of Commons staff
House of Commons staff 94 1 This Part has effect in relation to employment as a relevant member of the House of Commons staff as it has effect in relation to other employment. 2 In this section, “…
Section 95 — Police
Police 95 1 This Part has effect in relation to a person who— a holds the office of constable or an appointment as a police cadet, and b does not hold that office or appointment under a contract of…
Section 96 — Persons working on vessels
Persons working on vessels 96 1 Subject to regulations under this section, a person employed or engaged in any capacity on board a ship is not, by virtue of that employment or engagement, a worker…
Section 97 — Persons in offshore employment
Persons in offshore employment 97 1 Her Majesty may by Order in Council provide that, to the extent and for the purposes specified in the Order, the relevant provisions apply, with or without…
Section 98 — Extension of definition of worker
Extension of definition of worker 98 The Secretary of State may by regulations make provision for this Part to apply with or without modifications— a as if any individual of a prescribed description…
Section 99 — Interpretation of Part
Interpretation of Part 99 1 In this Part— “active member”— in relation to an occupational pension scheme, means a person who is in pensionable service under the scheme; in relation to a personal…
Section 99A — Money purchase benefits: supplementary
Money purchase benefits: supplementary 99A 1 This section applies for the purposes of paragraph (a) of the definition of “money purchase benefits” in section 99. 2 A benefit other than a pension in…
Section 100 — Abolition of safeguarded rights
Abolition of safeguarded rights 100 Part 3A of the Pension Schemes Act 1993 (safeguarded rights) ceases to have effect.
Section 101 — Revaluation of accrued benefits etc
Revaluation of accrued benefits etc 101 1 Schedule 2, which— a amends Schedule 3 to the Pension Schemes Act 1993 (methods of revaluing accrued pension benefits), b amends Schedule 7 to the Pensions…
Section 102 — Consolidation of additional pension
Consolidation of additional pension 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 103 — Effect of entitlement to guaranteed minimum pension
Effect of entitlement to guaranteed minimum pension 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 104 — Additional pension etc: minor and consequential amendments
Additional pension etc: minor and consequential amendments 104 Schedule 4 (additional pension etc: minor and consequential amendments) has effect.
Section 104D — Pension enrolment
Pension enrolment 104D 1 An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the…
Section 105 — State pension credit: extension of assessed income period for those aged 75 or over
State pension credit: extension of assessed income period for those aged 75 or over 105 1 Section 9 of the State Pension Credit Act 2002 (c. 16) (duration of assessed income period) is amended as set…
Section 106 — Contracting-out: abolition of all protected rights
Contracting-out: abolition of all protected rights 106 1 As from the contracting-out abolition date, pension schemes are not required to make special provision in relation to the protected rights of…
Section 107 — Scope of mechanism
Scope of mechanism 107 1 Pension compensation sharing is available under this Chapter in relation to a person's shareable rights to PPF compensation. 2 For the purposes of this Chapter, a right of a…