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SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 33

33.(1) Regulations shall provide for the issue by the Occupational Pensions
Board to employers of contracting-out certificates specifying

(a)the employments which are to be treated, either generally or in relation to
any specified description of earners, as contracted-out employments; and

(b)the occupational pension schemes by reference to which those employments
are to be so treated.

(2) Regulations shall also provide for the cancellation, variation or
surrender of any contracting-out certificate, or the issue of an amended
certificate, on any change of circumstances affecting the treatment of an
employment as contracted-out employment.

(3) Subject to the provisions of this Part, an employment otherwise satisfying
the conditions for inclusion in a contracting-out certificate shall be so
included if and so long as the employer so elects and not otherwise; and
subject to paragraph (4) an election may be so made, and an employment so
included, either generally or in relation only to a particular description of
earners.

(4) Except in such cases as may be prescribed, an employer shall not, in
making or abstaining from making any election under this Article, discriminate
between different earners on any grounds other than the nature of their
employment; and if the Occupational Pensions Board consider that an employer
is contravening this paragraph in relation to any scheme they may refuse to
give effect to any election made by him in relation to that scheme or cancel
any contracting-out certificate held by him in respect of that scheme.

(5) Regulations may make provision

(a)for regulating the manner in which an employer is to make an election with
a view to the issue, variation or surrender of a contracting-out certificate;

(b)for requiring an employer to give a notice of his intentions in respect of
making or abstaining from making any such election in relation to any existing
or proposed scheme

(i)to employees in any employment to which the scheme applies or to which it
is proposed that it should apply;

(ii)to any independent trade union recognised to any extent for the purpose of
collective bargaining in relation to those employees;

<(iii)to the trustees and managers of the scheme and such other persons as may be prescribed;


(c)for requiring an employer, in connection with any such notice, to furnish
such information as may be prescribed and to undertake such consultations as
may be prescribed with any such trade union as is mentioned in sub-paragraph
(b)(ii);

(d)for empowering the Occupational Pensions Board to refuse to give effect to
an election made by an employer unless they are satisfied that he has complied
with the requirements of the regulations;

(e)for referring to an industrial tribunal any question whether an
organisation is such a trade union as is mentioned in sub-paragraph (b)(ii) or
whether the requirements of the regulations as to consultation have been
complied with.

(6) Regulations may enable the Occupational Pensions Board to cancel or vary a
contracting-out certificate where they have reason to suppose that any
employment to which it relates ought not to be treated as contracted-out
employment in accordance with the certificate and the employer does not show
that it ought to be so treated.

(7) Except in prescribed circumstances, no contracting-out certificate and no
cancellation, variation or surrender of such a certificate shall have effect
from a date earlier than that on which the certificate is issued or the
cancellation, variation or surrender is made.

(8) In this Article

"independent trade union" [has the same meaning as in the Industrial Relations
(Northern Ireland) Order 1976];

"industrial tribunal" means a tribunal established under section 13 of the
Industrial Training Act (Northern Ireland) 1964.

[(9) A trade union shall be treated as recognised for the purpose of this
Article not only if it is recognised for the purpose of collective bargaining,
but also if the Labour Relations Agency has made a recommendation under
Article 7(1) of the Industrial Relations (Northern Ireland) Order 1976 for
recognition of that union] [which has not been revoked].

© 1975 Crown Copyright

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