Citation and commencement

1. These Regulations may be cited as the Pension Protection Fund (Entry Rules) (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 21st July 2009.

Amendment of the Pension Protection Fund (Entry Rules) Regulations

2. In regulation 15 of the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005(2) (directions)–

(a) the provisions of the regulation shall become paragraph (1) of the regulation;

(b) after that paragraph add–

"(2) The amendment of the scheme rules is prescribed as a matter for the purposes of Article 118(2) of the Order.".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the relevant person´s powers in respect of amending the scheme rules as a matter for the purposes of Article 118(2) of the Pensions (Northern Ireland) Order 2005 ("the Order"). Article 118(2) allows the Board of the Pension Protection Fund, with a view to ensuring that the scheme´s protected liabilities do not exceed its assets, or if they do, that the excess is kept to a minimum, to give directions regarding the exercise, during the assessment period, of the relevant person´s powers in respect of specified matters and such other matters as may be prescribed.

The Pensions (2005 Order) (Commencement No. 13) Order (Northern Ireland) 2009 (S.R. 2009 No. 242 (C. 14)) provides for the coming into operation of Article 118(2)(d) of the Order, the enabling provision under which these Regulations are made, for the purpose only of authorising the making of regulations, on 23rd June 2009 and for all other purposes on 21st July 2009.

As these Regulations are made before the end of the period of six months beginning with the coming into operation of the provision of the Order by virtue of which they are made, the requirement to consult under Article 289(1) of the Order does not apply by virtue of paragraph (2)(c) of that Article.