S.I. No. 141/2004 - Social Welfare (Miscellaneous Provisions) Act, 2004 (Sections 22 & 23) (Commencement) Order, 2004

The Minister for Social and Family Affairs, in exercise of the powers conferred on her by section 1 (4) of the Social Welfare (Miscellaneous Provisions) Act, 2004 (No. 9 of 2004), hereby orders as follows:

Citation.

1.  This Order may be cited as the Social Welfare (Miscellaneous Provisions) Act, 2004 (Sections 22 and 23) (Commencement) Order, 2004.

Commencement.

2.  The 5th day of April 2004 is appointed as the day on which sections 22 and 23 of the Social Welfare (Miscellaneous Provisions) Act, 2004 (No. 9 of 2004) come into operation.

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 Sections 22 and 23 of the Social Welfare (Miscellaneous Provisions) Act, 2004 .

Section 22 provides for the substitution of the existing Part VII of the Pensions Act 1990 . Part VII currently provides for equal treatment of men and women in Occupational Benefit Schemes. This new Part will further provide, inter alia, for the implementation of Council Directive 2000/43/EC of 29th June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (Race Directive) and 2000/78/EC of 27th November 2000, establishing a general framework for equal treatment in employment and occupation (Framework Employment Directive) as they apply to Occupational Pensions. These Directives relate to discrimination on grounds of sexual orientation, religion, age, race and disability. It is also proposed to extend Part VII to include the grounds of marital and family status and the Traveller Community Ground.

Section 23 provides for some miscellaneous amendments to other sections of the Pensions Act which are mainly technical in nature and some of which are consequential on the equal treatment provisions.