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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005 No. 48 (C. 5) URL: http://www.bailii.org/nie/legis/num_reg/2005/20050048.html |
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| Made | 24th February 2005 |
Appointed days
2.
- (1) The day appointed for the coming into operation of the provisions of the Order specified in Part 1 of the Schedule is 25th February 2005.
(2) The day appointed for the coming into operation of the provisions of the Order specified in Part 2 of the Schedule -
(3) The day appointed for the coming into operation of the provisions of the Order specified in Part 3 of the Schedule -
(4) Subject to paragraphs (8) and (10), the day appointed for the coming into operation of the provisions of the Order specified in Part 4 of the Schedule -
(5) The day appointed for the coming into operation of the provisions of the Order specified in Part 5 of the Schedule is 8th March 2005.
(6) The day appointed for the coming into operation of the provisions of the Order specified in Part 6 of the Schedule is 1st April 2005.
(7) Subject to paragraph (12), the day appointed for the coming into operation of the provisions of the Order specified in Part 7 of the Schedule is 6th April 2005.
(8) Paragraph (4) does not apply as respects Article 247 of the Order, so far as it affects Articles 73 and 74 of the 1995 Order as they apply immediately before 6th April 2005 to any scheme which -
(9) In paragraph (8) the reference to a scheme includes a reference to any section of a scheme to which Articles 73 and 74 of the 1995 Order apply as if it were a scheme by virtue of regulation 12[5] of the Winding Up Regulations.
(10) Paragraph (4) does not apply as respects Article 248 of the Order, so far as it affects Article 75 of the 1995 Order as it applies immediately before 6th April 2005 to -
(11) In paragraph (10) the reference to a scheme includes a reference to any section of a scheme to which Article 75 of the 1995 Order applies as if it were a scheme by virtue of regulation 4[7] or 8 of the Deficiency on Winding Up Regulations.
(12) Paragraph (7) does not apply as respects Article 242 of the Order, so far as it affects any period of paternity leave or adoption leave which began before 6th April 2005.
(3) Regulations 3A[11] (protected liabilities - prescribed class of members), 6(5)(d)[12] (payments made in anticipation not to exceed the amount of the protected liabilities), 7[13] (mixed benefit schemes) and 10 (modifications for money purchase schemes) shall be omitted.
Transitional modification
4.
Where -
Article 81 of the 1995 Order shall have effect for the purposes of making that payment as if the amendments made by Article 254(4) of the Order and the amendments made by Article 3(2) were in operation at the time of the application.
Transitional provisions in relation to the Pensions Compensation Board
5.
- (1) For the purposes of the provision of information by the Pensions Ombudsman to the Pensions Compensation Board, section 145(6)[14] of the Pension Schemes Act shall have effect until 1st September 2005 as if there were inserted after the end of paragraph (ba) (as substituted by paragraph 21 of Schedule 10 to the Order) -
(2) The Table in section 154A(1)[15] of the Pension Schemes Act shall have effect until 1st September 2005 as if the entry relating to the Pensions Compensation Board (prior to its substitution by paragraph 21 of Schedule 10 to the Order) remained in place.
Transitional provision and saving in relation to section 170 of the Pension Schemes Act
6.
Notwithstanding anything in this Order, section 170(8)[16] of the Pension Schemes Act (levies towards certain expenditure) continues to apply to a levy for which any person was liable by virtue of section 170 of that Act immediately before 1st April 2005, but which has not been paid in full before that date, as it had effect immediately before that date, except that the reference to "the Registrar" shall be read as if it were a reference to "the Regulatory Authority".
Consequential amendment of the Paternity and Adoption Leave Regulations
7.
- (1) The Paternity and Adoption Leave Regulations (Northern Ireland) 2002[17] shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 14(2) (incidents of the right to return after paternity leave) for the words from "paragraphs 5" to the end there shall be substituted "paragraphs 5, 5B and 6 of Schedule 5 to the Social Security (Northern Ireland) Order 1989[18] (equal treatment under pension schemes: maternity absence, adoption leave and family leave)".
(3) In regulation 27(2) (incidents of the right to return from adoption leave) for the words from "paragraphs 5" to the end there shall be substituted "paragraphs 5, 5B and 6 of Schedule 5 to the Social Security (Northern Ireland) Order 1989 (equal treatment under pension schemes: maternity absence, adoption leave and family leave)".
Sealed with the Official Seal of the Department for Social Development on
24th February 2005.
L.S.
John O'Neill
A senior officer of the Department for Social Development
| Provisions of the Order | Subject matter |
| Article 3(1)(b) | Regulator's functions |
| Article 4(3) | Definitions of "stakeholder pension scheme" and "work-based pension scheme" |
| Article 5 | Supplementary powers |
| Article 7(9)(b) in so far as it relates to paragraph 18(2) of Schedule 1 to the Pensions Act 2004[19] | Functions exercisable by the Determinations Panel |
| Article 8 except paragraph (2)(c) | Provision of information, education and assistance |
| Article 86(1) to (8) | Procedure for issue and publication of codes of practice |
| Article 101(2) | Board's functions and supplementary powers etc. |
| Article 103(4) | Administration levy |
| Article 173 | Notices requiring provision of information |
| Article 175(1), and (4) to (7) in so far as those paragraphs relate to Article 173 | Penalties relating to Article 173 |
| Article 254 | Amendments relating to the Pensions Compensation Board |
| Schedule 4, paragraph 1 and Article 101(3) in so far as it relates to that paragraph | The Board of the Pension Protection Fund |
| Schedule 10, paragraph 64 and Article 290(1) in so far as it relates to that paragraph | Amendment of the Deregulation and Contracting out Order |
| Provisions of the Order | Subject matter |
| Article 110(2) | Eligible schemes |
| Article 280(1)(b) and (3) | Modification of the Order in relation to certain categories of schemes |
| Provisions of the Order | Subject matter |
| Article 55(5) | Power to prescribe "registrable scheme" |
| Article 103(1), (3) and (7)(a) | Administration levy |
| Article 110(1)(b) and (5) | Eligible schemes |
| Article 157 | Initial levy |
| Article 164(5) and (8) | Calculation, collection and recovery of levies |
| Article 171(11)(a) | Fraud compensation levy |
| Article 191(3) and (4) | The PPF Ombudsman - levy |
| Schedule 1, paragraph 3, and Article 3(2) in so far as it relates to that paragraph | The Regulator - collection of levy |
| Schedule 10, paragraph 23, and Article 290(1) in so far as it relates to that paragraph | Consequential amendment |
| Schedule 11, the repeal in section 170 of the Pension Schemes (Northern Ireland) Act 1993, and Article 291 in so far as it relates to that repeal | Repeal |
| Provisions of the Order | Subject matter |
| Article 2(5)(a) | General interpretation - meaning of "employer" |
| Article 7(5)(a) | Functions exercisable by the determinations panel |
| Article 15(7) | Pension liberation: Court's power to order restitution |
| Article 17(4) | Pension liberation: repatriation orders |
| Article 19(10), paragraph (b)(i) of the definition of "the actuary" | Freezing orders |
| Article 20(7)(a) | Consequences of freezing order |
| Article 26(7)(c) | Power to give a direction where freezing order ceases to have effect |
| Article 32(2) and (3) | Independent trustees |
| Article 34(1)(b) | Contribution notices where avoidance of employer debt |
| Article 39(1)(b), (3)(c) and (9) | Financial support directions |
| Article 40(3)(a) and (4) | Meaning of "service company" and "insufficiently resourced" |
| Article 41(2)(b) | Meaning of "financial support" |
| Article 48(1)(b) and (7)(a) | Restoration orders where transactions at an undervalue |
| Article 53(1) to (4) | Articles 34 to 52: partnerships and limited liability partnerships |
| Article 55(2)(h) and (3) | Registrable information |
| Article 56(1) to (3) | The register: inspection, provision of information and reports etc. |
| Article 64(2), (3)(a)(ii) and (b)(ii) and (5) | Duty to notify the Regulator of certain events |
| Article 88(2)(q) | The Regulator's procedure in relation to its regulatory functions |
| Article 92(5)(u) | Special procedure: applicable cases |
| Article 97(1)(c) | References to the Tribunal |
| Article 98(5) | Appeal on a point of law |
| Article 104(3) and (4) | Duty to notify insolvency events in respect of employers |
| Article 105(5) | Insolvency event, insolvency date and insolvency practitioner |
| Article 106(3), (5) and (8) | Insolvency practitioner's duty to issue notices confirming status of scheme |
| Article 107(5) | Approval of notices issued under Article 106 |
| Article 109(4)(a) | Binding notices confirming status of scheme |
| Article 110(3) | Eligible schemes |
| Article 113(1)(b), (3) and (8) | Applications and notifications for the purposes of Article 112 |
| Article 114(5) and (8) | Board's duty where application or notification received under Article 113 |
| Article 117(3) | Admission of new members, payment of contributions, etc. |
| Article 118(3) in so far as it relates to paragraph (iii) of the definition of "relevant person" in sub-paragraph (a) | Directions |
| Article 119(4) | Restrictions on winding up, discharge of liabilities, etc. |
| Article 122(10)(b) and (12) | Payment of scheme benefits |
| Article 123(6) | Loans to pay scheme benefits |
| Article 124(3)(b) and (6) | Reviewable ill health pensions |
| Article 125(2) and (6) | Effect of a review |
| Article 127(3) to (5) and (11) in so far as it relates to paragraphs (i) and (ii)(a) of the definition of "actuarial valuation" in sub-paragraph (a) | Board's obligation to obtain valuation of assets and protected liabilities |
| Article 129(4) | Binding valuations |
| Article 130(1) and (5) | Schemes which become eligible schemes |
| Article 131(1)(a) and (5) | New schemes created to replace existing schemes |
| Article 132(8) | Withdrawal following issue of Article 106(4) notice |
| Article 134(5) and (6)(a) to (c) | Consequences of the Board ceasing to be involved with a scheme |
| Article 135(4), (6), (8) in so far as it relates to paragraph (b) of the definition of "audited scheme accounts" and (9)(b) | Application for reconsideration |
| Article 136(4) and (8) | Duty to assume responsibility following reconsideration |
| Article 151(1) | Modification of Chapter where liabilities discharged during assessment period |
| Article 162(1)(a), (2) in so far as it relates to paragraph (b)(i) of the definition of "the actuary" and (3) | Valuations to determine scheme underfunding |
| Article 172 | Information to be provided to the Board etc. |
| Article 185(1) | Provision of information to members of schemes etc. |
| Article 188(2) to (4) | Meaning of "reviewable matters" |
| Article 189 | Review and reconsideration by the Board of reviewable matters |
| Article 190(1) and (3) to (6) | Investigation by the Board of complaints of maladministration |
| Article 191(1)(b) to (e) | The PPF Ombudsman |
| Article 235(2)(c)(ii) and (7) in so far as it relates to the definition of "relevant contributions" | Form of pension protection on transfer of employment |
| Article 247 | Winding up |
| Article 248 | Debt due from the employer when assets are insufficient |
| Article 280(1)(a) and (c) | Modification of the Order in relation to certain categories of schemes |
| Schedule 6, paragraphs 4(4), 6(4), 9(4), 12(4)(a), 13(4), 16(3)(b), 17(4)(a), 18(4), 20(4), (7) and (8), 23, 24(1), (2) and (6), 25(1), 26(7) in so far as it relates to paragraph (a) of the definition of "the compensation cap", (9) and (10), 28(6) and (7), 31(2) and (3), 33, and 37(4) and Article 146 in so far as it relates to those paragraphs | Pension compensation provisions |
| Provisions of the Order | Subject matter |
| Article 280(2) and (4) | Modification of the Order in relation to certain categories of schemes |
| Provisions of the Order | Subject matter |
| Article 103(2)(a), (5) and (6) | Administration levy |
| Article 110(1)(a) | Eligible schemes |
| Article 164(1)(a), (2)(a), (3), (4), (6) and (7) | Calculation, collection and recovery of levies |
| Provisions of the Order | Subject matter |
| In so far as not already brought into operation, Articles 15, 17, 19, 20, 26, 32, 34 except paragraphs (4) and (7)(g), 39 except paragraph (7)(e), 40, 41, 48, 53, 55, 56, 64, 88, 92, 97, 98, 104, 106, 107, 109, 110, 113, 114, 117, 118 except paragraph (2)(d), 119, 122 except paragraph (10)(a), 123, 124, 125, 127, 129 to 132, 134 except paragraph (6)(d), 135 except paragraph (a) of the definition of "audited scheme accounts" in paragraph (8) and paragraph (12)(a), 136, 151, 162 except paragraph (1)(b), 185, 188 except paragraph (5), 190 and 235 | Provisions relating to the Regulator, the Board of the Pension Protection Fund and miscellaneous provisions |
| Article 3(1)(a), (3) and (4) | Regulator's functions |
| Article 4(1) and (2) | Regulator's objectives |
| Article 6 | Transfer of OPRA's functions to the Regulator |
| Articles 9 to 13 | Powers in respect of occupational and personal pension schemes |
| Article 14, except paragraphs (3)(b) and (4)(b) | Pension liberation: interpretation |
| Article 16(1), (2), (3)(a) and (b) and (4) to (11) | Pension liberation: restraining orders |
| Article 18 | Powers to wind up occupational pension schemes |
| Articles 21 to 25, 27 and 28 | Provisions relating to freezing orders |
| Articles 29 to 31 and 33 | Trustees of occupational pension schemes |
| Articles 35, 36, 37(1) to (9), (10)(a) to (e), (11) and (12), and 38(1), (2)(a) and (b) and (3) to (5) | Contribution notices where avoidance of employer debt |
| Article 42 | Financial support directions: clearance statements |
| Article 43(1) to (3), (4)(a) to (f), and (5) | Contribution notices where non-compliance with financial support direction |
| Articles 44 and 45 Article 46(1) to (9), (10)(a) to (e) and (11) | The sum specified in an Article 43 contribution notice, content and effect of such a notice Article 43 contribution notice: relationship with employer debt |
| Article 47 | Articles 39 to 46: interpretation |
| Articles 49 to 52 | Transactions at an undervalue |
| Article 54 | Regulator's right to apply under Article 367 of the Insolvency Order |
| Articles 57 to 63 | Register of schemes, register of prohibited trustees and collecting information relevant to the PPF |
| Articles 65 to 84 (except Article 81(2)) | Duty to report breaches of the law, provisions on reports and on information |
| Article 85(1), (2)(a) to (j) and (3) to (7) | Codes of practice |
| Article 86(9) to (11) | Procedure for issue and publication of codes of practice |
| Article 87 | Revocation of codes of practice |
| Article 89 | Publication of procedure in relation to regulatory functions |
| Article 90(1)(a) and (b)(i), (2) and (3) | Application of standard and special procedure |
| Article 91(1) to (5), (6)(a) to (t) and (v) | Standard procedure |
| Articles 93 to 95 | Special procedure, compulsory review, and duty to have regard to the interests of members etc. |
| Article 96(1), (2)(a) to (c) and (3) to (5) | Powers to vary or revoke orders, notices or directions etc. |
| Article 99 | Redetermination etc. by the Tribunal |
| Article 105(1) to (4), (6), (8), (9)(a) and (10) to (12) | Insolvency event, insolvency date and insolvency practitioner |
| Article 108 | Board's duty where there is a failure to comply with Article 106 |
| Article 111 | Duty to assume responsibility for schemes following insolvency event |
| Article 112 | Duty to assume responsibility for schemes following application or notification |
| Article 115 | Protected liabilities |
| Article 116 except paragraph (6) | Assessment periods |
| Article 120 | Power to validate contraventions of Article 119 |
| Article 121 | Board to act as creditor of the employer |
| Article 126 | Articles 124 and 125: interpretation |
| Article 128 | Approval of valuation |
| Article 133 | Circumstances in which Board ceases to be involved with an eligible scheme |
| Article 138(1), (2)(a) and (c) and (6) to (15) | Requirement to wind up schemes with sufficient assets to meet protected liabilities |
| Article 144(1) to (3), (5), (6), and (7) in so far as that paragraph relates to Article 156(1) | Transfer notice |
| Article 145(2)(c) | Effect of Board assuming responsibility for a scheme |
| Article 156(1) | Relationship with fraud compensation regime |
| Article 158(2)(a)(i) and (iii) and (3)(a) | Definition of risk-based pension protection levy |
| Article 174, and Article 175 in so far as it relates to Article 174 | Entry of premises, and penalties |
| Article 176 | Warrants |
| Article 177 | Offence of providing false or misleading information to the Board |
| Article 178 | Use of information |
| Articles 179 to 184 | Disclosure of information |
| Article 186(1) and (2) | Articles 172 to 185: interpretation |
| Article 187 | Publishing reports etc. |
| Article 198 | Backdating the winding up of eligible schemes |
| Article 234 | Conditions for pension protection on transfer of employment |
| Article 240 | Increase in age at which short service benefit must be payable |
| Article 242 | Paternity leave and adoption leave |
| Article 243 | Inalienability of occupational pension |
| Article 252 | Jurisdiction |
| Article 253 | Investigations |
| Articles 255 to 257 | Annual increases in rates of certain occupational and personal pensions |
| Article 259 | Meaning of "working life" in the Pension Schemes Act |
| Article 262 | Meaning of "stakeholder pension scheme" |
| Article 274(4) and (5)(b) | Disclosure of state pension information |
| Article 275 | Information obtained by the Regulator |
| Schedule 1, paragraph 1 and Article 3(2) in so far as it relates to that paragraph | The Regulator |
| Schedule 3 | Restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions |
| Schedule 4, paragraphs 2(2)(f) to (h) and 3 and Article 101(3) in so far as it relates to those paragraphs | The Board of the Pension Protection Fund |
| Schedule 6, and Article 146, in so far as not already brought into operation | Pension compensation provisions |
| Schedule 7 | Restricted information held by the Board: certain permitted disclosures to facilitate exercise of functions |
| Schedule 8, paragraphs 1 to 19 and Article 188 in so far as it relates to those paragraphs | Reviewable matters |
| Schedule 10, paragraphs 19(a) and (c), 20, 21, 70(2)(a) and (4) and Article 290(1) in so far as it relates to those paragraphs | Minor and consequential amendments |
|
Schedule 11, in so far as it relates to - the Pensions (Northern Ireland) Order 1995, the specified repeals in Articles 51(1), 54(3), and 158(1); the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, section 50; and Article 291 in so far as it relates to those provisions |
Repeals |
This Order also makes consequential amendments, transitional modifications and adaptations.
Article 3 makes a consequential amendment to the Occupational Pension Schemes (Pensions Compensation Provisions) Regulations (Northern Ireland) 1997.
Article 4 makes a transitional provision to enable certain amendments (those that amend the manner of determining the amount of compensation payable by the Pensions Compensation Board) to apply to cases which are currently before the Pensions Compensation Board.
Article 5 transitionally modifies section 145(6) of the Pension Schemes (Northern Ireland) Act 1993 to insert a reference to the Pensions Compensation Board as a person to whom the Pensions Ombudsman may continue to disclose information until 1st September 2005, and to retain a reference to the Pensions Compensation Board as a person to whom the Department for Social Development may disclose information until that date.
Article 6 makes transitional provision in relation to the collection of levy which was due before but which remains unpaid on 1st April 2005.
Article 7 consequentially amends the Paternity and Adoption Leave Regulations (Northern Ireland) 2002 to include cross references to provisions relating to adoption leave inserted into Schedule 5 to the Social Security (Northern Ireland) Order 1989 by Article 242 of the Order.
[2] S.R. 1996 No. 585; relevant amending regulations are S.R. 1997 Nos. 160 and 544back
[3] S.R. 1996 No. 621; relevant amending regulations are S.R. 1997 No. 160back
[4] Article 121(4) to (8) was inserted by section 45(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4)back
[5] Regulation 12 was amended by paragraph 12 of the Schedule to S.R. 1997 No. 160back
[6] Regulation 2 was amended by paragraph 9(2) of the Schedule to S.R. 1997 No. 160 and regulation 4 of S.R. 1997 No. 544back
[7] Regulation 4 was amended by paragraph 9(3) of the Schedule to S.R. 1997 No. 160back
[8] S.R. 1997 No. 141, as amended by S.R. 1998 No. 233, S.R. 2001 No. 138 and S.R. 2003 No. 256back
[9] Regulation 5 was amended by regulation 2(3) of S.R. 2001 No. 138back
[10] Article 81 was amended by Article 16(3) to (6) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and is amended by Article 254(4) of the Pensions (Northern Ireland) Order 2005back
[11] Regulation 3A was inserted by regulation 2(2) of S.R. 2001 No. 138back
[12] Regulation 6(5)(d) was substituted by regulation 2(4) of S.R. 2001 No. 138back
[13] Regulation 10 was amended by regulation 2(5) of S.R. 2001 No. 138back
[14] Section 149(6) was inserted by Article 155(1) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) and amended by paragraph 70(2) of Schedule 5 to the Bank of England Act 1998 (c. 11) and Article 135 of the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649)back
[15] Section 154A was inserted by paragraph 9 of Schedule 4 to the Pensions (Northern Ireland) Order 1995 and amended by paragraph 70(3) of Schedule 5 to the Bank of England Act 1998 and paragraph 8 of Schedule 5 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and Article 136 of the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001back
[16] Section 170 was substituted by Article 161 of the Pensions (Northern Ireland) Order 1995back
[17] S.R. 2002 No. 377; relevant amending regulations are S.R. 2004 No. 116back
[18] S.I. 1989/1342 (N.I. 13); paragraphs 5A and 5B are inserted by Article 242 of the Pensions (Northern Ireland) Order 2005back
