Social Welfare and Pensions Act 2008

SCHEDULE 2

Formal Amendments of the Pensions Act 1990

Provision affected

(1)

Amendment

(2)

Section 2(1)

In the definitions of “employer” and “external member” substitute “, in relation” for “in relation”.

Section 3B(2)

( a) Substitute “prove,” for “prove”.

( b) Substitute “signature,” for “signature”.

Section 26(2)

Substitute “hearing:” for “hearing.”.

Section 37(3)( b)

Substitute “terminated;” for “terminated.”.

Section 38(2)( c)

Substitute “Part,” for “Part.”.

Section 43(1)

In paragraph ( d) by substituting “apply,” for “apply.”.

Section 44

( a) In paragraph ( a)(v) substitute “relates,” for “relates.”.

( b) Before paragraph ( b) insert “and”.

Section 50(2)

Substitute the following for paragraph ( a):

“( a) to the extent specified, override paragraph 2(2) of the Second Schedule and paragraph 4( b)(i)(I) of the Third Schedule, and”.

Part V heading

Substitute “Schemes and Trust RACs” for “Scheme”.

Section 54

Delete subsection (6).

Section 56(6)( b)

Substitute “paragraph ( c)” for “Paragraph ( c)”.

Section 58(2)

Redesignate paragraphs ( a) and ( b) (second occurring) as paragraphs (i) and (ii).

Section 59A(1)

Substitute the following for paragraph ( e):

“( e) is a person who is for the time being subject to the restrictions imposed by section 150 of the Companies Act 1990.”.

Section 63(5)

Substitute “from the employer to the trustees” for “from the employer. to the trustees”.

Section 94(3)( b)

Substitute “the Pensions (Amendment) Act 2002” for “this Act”.

Section 121(10)

In the definition of “membership” substitute “benefit;” for “benefit.”, and relocate the definition between the definitions of “excluded employee” and “scheme”.

Section 126(1)

( a) In the definition of “establishment day” substitute “28 April 2003” for “the day on which section 5 of the Pensions (Amendment) Act, 2002, commences”.

( b) In the definition of “trust Retirement Annuity Contract” substitute “policies.” for “policies;”.

Section 131

( a) In paragraphs ( a) and ( b) of subsection (2) delete “, as appropriate,”.

( b) In subsection (5) substitute “on or after 13 April 1996” for all the words after “done” (first occurring).

Third Schedule

In paragraph 4( a)(i) substitute “exercised” for “excercised”.

Fourth Schedule

In reference 30A enclose the passages in columns (3) and (4) in double quotation marks.