Child Support, Pensions and Social Security Act (Northern Ireland)

Non-compliance in relation to arrangements or proposals

42.—(1) In Article 21 of the Pensions Order (member-nominated trustees and directors: supplementary)—

(a)in paragraph (1), for “17(2)”, in both places, there shall be substituted “18A(1)”;

(b)in paragraphs (1) and (2), the words “, or the appropriate rules,” shall cease to have effect;

(c)in paragraph (2), for “19(2)”, in both places, there shall be substituted “18A(2)”;

(d)in paragraph (3), for “17(2), 18(1) or 19(2)” there shall be substituted “18(1) or 18A(1) or (2)” and the words “(or further arrangements)” in sub-paragraph (a), sub-paragraph (b) and the word “and” immediately preceding it shall cease to have effect;

(e)paragraph (4) shall cease to have effect;

(f)in paragraph (5), for “20” there shall be substituted “18A”;

(g)in paragraph (6), for “17 to 20” there shall be substituted “16 and 18” and the words “and this Article”, sub-paragraph (b) and the word “and” immediately preceding it shall cease to have effect;

(h)in paragraph (7)(a), for the words from “of the appropriate” to “given” there shall be substituted “for the purposes of Article 18A of proposed arrangements must be given, in accordance with regulations under that Article,”; and

(i)in paragraph (7), sub-paragraph (b) and the word “and” immediately preceding it shall cease to have effect.

(2) In paragraph (1) of that Article, after sub-paragraph (b) there shall be inserted

“or

(c)regulations under Article 16(9)(b) have not been complied with,”.

(3) In paragraph (2) of that Article, after sub-paragraph (b) there shall be inserted

“or

(c)regulations under Article 18(9)(b) have not been complied with,”.

(4) After paragraph (2) of that Article there shall be inserted—

“(2A) Article 10 applies to an employer who has made a proposal for the purposes of Article 18A but who contravenes any requirements of any regulations under Article 18A relating to the submission of that proposal for approval.”.

(5) After paragraph (5) there shall be inserted—

“(5A) In Articles 16 to 18A “company” means a company within the meaning given by Article 3(1) of the Companies (Northern Ireland) Order 1986 or a company which may be wound up under Part VI of the Insolvency (Northern Ireland) Order 1989 (unregistered companies).”.