S.I. No. 398/2003 - Pensions (Amendment) Act, 2002 (Section 5 (Except in So Far As That Section Is Already in Operation) and Sections 8 and 58) (Commencement) Order, 2003

1. This Order may be cited as the Pensions (Amendment) Act, 2002 (Section 5 (except in so far as that section is already in operation) and sections 8 and 58) (Commencement) Order, 2003.

Commencement.

2. The 2nd day of September 2003 is appointed as the day on which section 5 (except in so far as that section is already in operation) and

sections 8

and

58

of the

Pensions (Amendment) Act, 2002

comes into operation.

GIVEN

under the Official Seal of the Minister for Social and Family Affairs, this 2

nd

day of September 2003.

MARY COUGHLAN

Minister for Social and Family Affairs

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Section 5

of the

Pensions (Amendment) Act, 2002

inserted a new Part XI into the

Pensions Act, 1990

to provide for a Pensions Ombudsman.

Section 8

of the

Pensions (Amendment) Act, 2002

amends

section 3

of the

Pensions Act 1990

to allow the Pensions Ombudsman bring and prosecute proceedings for a summary offence under the Act in relation to a breach of specified provisions.

Section 58 amends the

Ombudsman Act, 1980

so as to ensure that matters within the remit of the Pensions Ombudsman will be not be capable of being dealt with by the public service Ombudsman under the provisions of the

Ombudsman Act, 1980

.

This order provides for the commencement of those sections.

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by

section 1

of the

Pensions (Amendment) Act, 2002

(No. 18 of 2002), hereby orders as follows

Citation.