S.I. No. 631/2007 - Social Welfare Law Reform and Pensions Act 2006 (Section 39) (Commencement) Order 2007

1. This Order may be cited as the

Social Welfare Law Reform and Pensions Act 2006

(Section 39) (Commencement) Order 2007.

2. The 17th day of September 2007 is appointed as the day on which section 39 (in so far as it inserts section 3A into the

Pensions Act 1990

(No. 25 of 1990)) of the

Social Welfare Law Reform and Pensions Act 2006

(No. 5 of 2006) comes into operation.

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

11 September 2007

MARTIN CULLEN

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.)

This order provides for the commencement of

section 39

of the

Social Welfare Law Reform and Pensions Act 2006

, in so far as it inserts section 3A into the

Pensions Act 1990

. The new section 3A of the

Pensions Act 1990

provides an alternative to the prosecution of certain offences under the Act. Section 3A provides that the Pensions Board may notify a person in writing that it is alleged that an offence has been committed and that if, within 21 days of the notice, the person has remedied the offence to the satisfaction of the Pensions Board and paid the appropriate fine, the prosecution will not be instituted.

This commencement order takes effect from 17 September 2007.

Section 39

of the

Social Welfare Law Reform and Pensions Act 2006

also inserted a new section 3B into the Pensions Act in relation to prosecutions. This provision was commenced with effect from the 12th day of April 2006 via the

Social Welfare Law Reform and Pensions Act 2006

(

Section 39

(in so far as it inserts section 3B into the

Pensions Act 1990

)) (Commencement) Order, 2006 (

S.I. No. 169 of 2006

).

S.I. No. 631 of 2007

SOCIAL WELFARE LAW REFORM AND PENSIONS ACT 2006 (SECTION 39) (COMMENCEMENT) ORDER 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

14

th September

, 2007.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by section 1(4) of the

Social Welfare Law Reform and Pensions Act 2006

(No. 5 of 2006), hereby orders as follows