The Pensions (2008 No. 2 Act) (Commencement No. 5) Order (Northern Ireland) 2011 No. 108 (C. 7)


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Statutory Rules of Northern Ireland


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Statutory Rules of Northern Ireland

2011 No. 108 (C. 7)

Pensions

The Pensions (2008 No. 2 Act) (Commencement No. 5) Order (Northern Ireland) 2011

Made

15th March 2011

The Department for Social Development makes the following Order in exercise of the powers conferred by section 118(1) of the Pensions (No. 2) Act (Northern Ireland) 2008(1).

Citation and interpretation

1.-(1) This Order may be cited as the Pensions (2008 No. 2 Act) (Commencement No. 5) Order (Northern Ireland) 2011.

(2) In this Order "the Act" means the Pensions (No. 2) Act (Northern Ireland) 2008.

Commencement of provisions

2.-(1) The following provisions of the Act shall come into operation on 16th March 2011-

(a)section 63 (objectives of the Regulator); and

(b)section 99 (charges in respect of pension sharing etc.) for the purpose only of conferring the power to make regulations.

(2) The provisions of the Act specified in the Schedule shall come into operation, in so far as they are not already in operation, on 6th April 2011.

Sealed with the Official Seal of the Department for Social Development on 15th March 2011

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

Article 2(2)

SCHEDULEProvisions of the Act coming into operation on 6th April 2011 in so far as they are not already in operation

Provisions of the ActSubject matter
Section 86Scope of mechanism
Section 87Interpretation
Section 88Activation of pension compensation sharing
Section 89Creation of pension compensation debits and credits
Section 90Cash equivalents
Section 91Reduction of compensation
Section 92Time for discharge of liability
Section 93"Implementation period"
Section 94Discharge of liability
Section 95Charges in respect of pension compensation sharing costs
Section 96Supply of information about pension compensation in relation to divorce etc.
Section 97Supply of information about pension compensation sharing
Section 98Pension compensation sharing and attachment on divorce etc.
Section 99Charges in respect of pension sharing etc.
Section 101Consequential amendments
Schedule 4, paragraphs 1 to 10 and 12 to 20Pension compensation payable on discharge of pension compensation credit
Schedule 5Pension compensation on divorce etc.
Part 4 of Schedule 10 and section 116 in so far as it relates to that PartRepeals

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation section 63 of the Pensions (No. 2) Act (Northern Ireland) 2008 ("the Act") on 16th March 2011. Section 63 amends Article 4(1) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)) to provide a new statutory objective for the Pensions Regulator.

The Order brings section 99 of the Act into operation on 16th March 2011, for the purpose only of conferring power to make regulations. It also brings sections 86 to 99 and 101 of, and Schedule 4 (except paragraph 11), Schedule 5 and Part 4 of Schedule 10 to, the Act into operation, in so far as they are not already in operation, on 6th April 2011. Those sections and Schedules make provision for pension compensation to be shared on divorce, dissolution of a civil partnership or in cases of nullity, for attachment orders to be made on divorce etc. in relation to pension compensation and for the Board of the Pension Protection Fund to recover charges in respect of pension sharing etc.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Pensions (No. 2) Act (Northern Ireland) 2008 have been brought into operation by earlier commencement orders as from the dates shown.

ProvisionDate of CommencementS.R. No.
Section 6126th January 20092009 No. 22 (C. 1)
Section 6226th January 20092009 No. 22 (C. 1)
Section 78 (partially)5th July 20102010 No. 50 (C. 2)
Section 796th April 20092009 No. 22 (C. 1)
Section 80 (partially)6th April 20092009 No. 22 (C. 1)
(partially)6th April 20092009 No. 147 (C. 9)
Section 100 (partially)1st April 20092009 No. 147 (C. 9)
Section 103 (partially)29th June 20092009 No. 249 (C. 16)
Section 104 (partially)26th February 20102010 No. 50 (C. 2)
Section 1056th April 20092009 No. 22 (C. 1)
Section 10626th January 20092009 No. 22 (C. 1)
Section 10726th January 20092009 No. 22 (C. 1)
Section 116 (partially)6th April 20092009 No. 22 (C. 1)
Schedule 1 (partially)6th April 20092009 No. 22 (C. 1)
(partially)6th April 20092009 No. 147 (C. 9)
Schedule 6 (partially)1st April 20092009 No. 147 (C. 9)
Schedule 8 (partially)29th June 20092009 No. 249 (C. 16)
Schedule 9 (partially)26th February 20102010 No. 50 (C. 2)
Schedule 10 (partially)6th April 20092009 No. 22 (C. 1)
(1)

2008 c. 13 (N.I.)


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