BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
Statutory Rules of Northern Ireland |
||
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Pensions (2005 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005 No. 166 (C. 12) URL: http://www.bailii.org/nie/legis/num_reg/2005/20050166.html |
[New search] [Help]
Made | 24th March 2005 |
Appointed days
2.
- (1) The day appointed for the coming into operation of Article 7 of the Order (functions exercisable by the Determinations Panel), in so far as not already brought into operation, and of Schedule 2 to the Order (the reserved regulatory functions), is 6th April 2005.
(2) The day appointed for the coming into operation of Article 249 of the Order (debt due from the employer in the case of multi-employer schemes) is 25th March 2005.
(3) The day appointed for the coming into operation of Articles 255 and 257 of the Order (annual increase in rate of certain occupational and personal pensions), for the purpose only of authorising the making of regulations, is 25th March 2005.
(4) The day appointed for the coming into operation of paragraph 2 of Schedule 1 to the Order (Pensions Regulator - delegation) and paragraph 60(b) of Schedule 10 to the Order (application of further provisions to money purchase schemes), for the purpose only of authorising the making of regulations, is 25th March 2005 and for all other purposes is 6th April 2005.
(5) The day appointed for the coming into operation of Schedule 11 to the Order (repeals) in so far as it relates to the repeal of paragraph 1(2)(a) of Schedule 1 to the Welfare Reform and Pensions (Northern Ireland) Order 1999[2] and Article 291 of the Order, in so far as it relates to that provision, is 1st April 2005.
(6) The day appointed for the coming into operation of the provisions set out in Schedule 1 is 6th April 2005.
Transitional modification of Article 7 of the Order
3.
Article 7 of the Order (functions exercisable by the Determinations Panel) shall, for the purposes of Article 4(6)(b) and (c) of this Order, be modified so that it shall have effect as if, after paragraph (4), there were inserted the following paragraph -
shall, where that function falls to be exercised by or in relation to the Regulator on or after the appointed day, also be a reserved regulatory function.".
Transitional provisions
4.
- (1) In this Article "function of the Authority" means a function of the Authority which is transferred to the Regulator under Article 6(1) of the Order (transfer of OPRA's functions to the Regulator) on 6th April 2005 ("the appointed day").
(2) Anything done (or having effect as if done) by or in relation to the Authority before the appointed day pursuant to, or for the purposes of, any function of the Authority shall, so far as is required for continuing its effect, have effect as if done by or in relation to the Regulator pursuant to, or for the purposes of, that function.
(3) Subject to paragraph (5), anything which, immediately before the appointed day, is in the process of being done by or in relation to the Authority pursuant to, or for the purposes of, any function of the Authority shall be continued by or in relation to the Regulator pursuant to, or for the purposes of, that function.
(4) Any reference to the Authority in any document constituting or relating to anything to which paragraph (2) or (3) applies in relation to any function of the Authority shall, so far as is required for giving effect to those provisions, be construed as a reference to the Regulator.
(5) Where any function of the Authority described in paragraph (6) would fall to be exercised on or after the appointed day, or fell to be exercised before the appointed day but has not been exercised, that function shall be exercised by the Regulator as if it were a function of the Regulator conferred on it under or by virtue of the Order.
(6) The functions of the Authority to which paragraph (5) refers are -
(7) Schedule 2, which makes further transitional provision, has effect.
Savings
5.
Subject to the transitional provisions in Schedule 2, the statutory provisions that are specified in the table in Schedule 3 shall, so far as is required for the purpose of giving effect to Article 4(3), continue to have effect as they were in operation immediately before their amendment by any of the provisions of Part II of, and Schedule 10 to, the Order.
Sealed with the Official Seal of the Department for Social Development on
24th March 2005.
L.S.
John O'Neill
A senior officer of the Department for Social Development
Provisions of the Order | Subject matter |
Schedule 10, paragraphs 4, 29 to 38, 40(b), 41, 53, 54, 60 in so far as not already brought into operation, 61 and 62, 67, 71(1) and (3) and Article 290(1) in so far as it relates to those paragraphs | Consequential amendments |
Schedule 11, in so far as it relates to specified repeals in relation to - the Pension Schemes (Northern Ireland) Act 1993, sections 2, 95(6), 97J(3), 125, 164A and 176 except the definition of "voluntary contributions requirements" in subsection (1); the Pensions (Northern Ireland) Order 1995, Articles 5, 7(1) and (4), 10(5)(a), 11(3), 13, 22(1)(b), 25(2), 26A to 26C, 28(4), 29, 30, 30A, 31, 48, 72A(9), 72C(2), and 94 to 112 and paragraph 13 of Schedule 1; the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999, paragraphs 81 and 82 of Schedule 1; the Welfare Reform and Pensions (Northern Ireland) Order 1999, Articles 4(5), 6, 7 and 35(1), and paragraphs 1(2)(b)(i) and (xi) to (xiii), 2 and 3 of Schedule 1, paragraph 7 of Schedule 2 and paragraphs 44 and 49 of Schedule 9; the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, section 43 and paragraph 8 of Schedule 5; and Article 291 in so far as it relates to those provisions. |
Repeals |
Transitional provisions relating to Article 95 of the 1995 Order
3.
Article 95 of the 1995 Order (references and appeals from the Authority) shall be modified so that it shall have effect as if for "the Authority" in each place where it appears in paragraphs (1) to (4) and (7) there were substituted "the Determinations Panel of the Pensions Regulator".
Transitional provisions relating to Article 101 of the 1995 Order
4.
Article 101 of the 1995 Order (publishing reports) shall be modified so that it shall have effect as if for "any investigation under this Part" there were substituted "any investigation by the Occupational Pensions Regulatory Authority under this Part".
Statutory Provisions | Subject matter |
The Pension Schemes (Northern Ireland) Act 1993 | |
Section 170 | Levies towards certain expenditure |
The Pensions (Northern Ireland) Order 1995 | |
Article 3 | Prohibition orders |
Article 4 | Suspension orders |
Article 8 | Appointment of trustees: consequences |
Article 11 | Powers to wind up schemes |
Article 72B | Directions by Authority for facilitating wind up |
Article 94 | Review of decisions |
Article 95 | References and appeals from the Authority |
Article 96 | Provision of information: the Authority |
Article 97 | Inspection of premises: the Authority |
Article 98 | Warrants |
Article 99 | Information and inspection: penalties |
Article 100 | Savings for certain privileges, etc. |
Article 101 | Publishing reports: the Authority |
Provision | Date of Commencement | S.R. No. |
Article 2 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 3 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 4 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 5 | 25th February 2005 | 2005 No. 48 (C. 5) |
Article 6 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 7 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 8 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
Articles 9 to 13 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 14 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 15 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 16 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 17 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 18 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 19 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 20 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Articles 21 to 25 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 26 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Articles 27 to 31 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 32 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 33 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 34 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Articles 35 and 36 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 37 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 38 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 39 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Articles 40 and 41 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 42 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 43 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Articles 44 and 45 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 46 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 47 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 48 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Articles 49 to 52 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 53 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 54 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 55 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 56 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Articles 57 to 63 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 64 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Articles 65 to 80 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 81 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Articles 82 to 84 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 85 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 86 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 87 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 88 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 89 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 90 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 91 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 92 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Articles 93 to 95 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 96 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 97 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 98 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 99 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 101 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 103 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
Article 104 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 105 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Articles 106 and 107 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 108 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 109 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 110 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 8th March 2005 | 2005 No. 48 (C. 5) |
(partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Articles 111 and 112 | 6th April 2005 | 2005 No. 48 (C. 5) |
Articles 113 and 114 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 115 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 116 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 117 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 118 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 119 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Articles 120 and 121 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 122 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Articles 123 to 125 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 126 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 127 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 128 | 6th April 2005 | 2005 No. 48 (C. 5) |
Articles 129 to 132 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 133 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 134 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 135 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 136 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 138 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 144 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 145 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 146 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 151 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 156 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 157 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
Article 158 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 162 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 164 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
Article 171 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
Article 172 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 173 | 25th February 2005 | 2005 No. 48 (C. 5) |
Article 174 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 175 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Articles 176 to 184 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 185 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 186 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 187 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 188 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Articles 189 to 190 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 191 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 198 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 234 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 235 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 240 | 6th April 2005 | 2005 No. 48 (C. 5) |
Articles 242 and 243 | 6th April 2005 | 2005 No. 48 (C. 5) |
Articles 247 and 248 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Articles 252 and 253 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 254 | 25th February 2005 | 2005 No. 48 (C. 5) |
Articles 255 to 257 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 259 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 262 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 274 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 275 | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 280 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 8th March 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Article 290 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Article 291 (partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Schedule 1 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Schedule 3 | 6th April 2005 | 2005 No. 48 (C. 5) |
Schedule 4 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Schedule 6 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
6th April 2005 | 2005 No. 48 (C. 5) | |
Schedule 7 | 6th April 2005 | 2005 No. 48 (C. 5) |
Schedule 8 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Schedule 10 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
Schedule 11 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
(partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
(partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
[2] S.I. 1999/3147 (N.I. 11)back
[3] Section 170 was substituted by Article 161 of the Pensions (Northern Ireland) Order 1995back