The Pensions (Northern Ireland) Order 2005
PART IINTRODUCTORY
1Title and commencement
Interpretation
2General interpretation
PART IITHE PENSIONS REGULATOR
General provisions about functions
3Regulator’s functions
4Regulator’s objectives
5Supplementary powers
6Transfer of OPRA’s functions to the Regulator
The Determinations Panel
7Functions exercisable by the Determinations Panel
Provision of information, education and assistance
8Provision of information, education and assistance
New powers in respect of occupational and personal pension schemes
9Improvement notices
10Third party notices
11Injunctions
12Restitution
13Power of the Regulator to recover unpaid contributions
14Pension liberation: interpretation
15Pension liberation: Court’s power to order restitution
16Pension liberation: restraining orders
17Pension liberation: repatriation orders
Powers in relation to winding up of occupational pension schemes
18Powers to wind up occupational pension schemes
19Freezing orders
20Consequences of freezing order
21Period of effect etc. of freezing order
22Validation of action in contravention of freezing order
23Effect of determination to wind up scheme on freezing order
24Effect of winding up order on freezing order
25Effect of assessment period under Part III on freezing order
26Power to give a direction where freezing order ceases to have effect
27Notification of trustees, managers, employers and members
28Articles 19 to 27: supplementary
Trustees of occupational pension schemes
29Prohibition orders
30Suspension orders
31Appointment of trustees by the Regulator
32Independent trustees
33Disqualification
Contribution notices where avoidance of employer debt
34Contribution notices where avoidance of employer debt
35The sum specified in an Article 34 contribution notice
36Content and effect of an Article 34 contribution notice
37Article 34 contribution notice: relationship with employer debt
38Article 34 contribution notice: clearance statements
Financial support directions
39Financial support directions
40Meaning of “service company” and “insufficiently resourced”
41Meaning of “financial support”
42Financial support directions: clearance statements
43Contribution notices where non-compliance with financial support direction
44The sum specified in an Article 43 contribution notice
45Content and effect of an Article 43 contribution notice
46Article 43 contribution notice: relationship with employer debt
47Articles 39 to 46: interpretation
Transactions at an undervalue
48Restoration orders where transactions at an undervalue
49Restoration orders: supplementary
50Content and effect of a restoration order
51Contribution notice where failure to comply with a restoration order
52Content and effect of an Article 51 contribution notice
Articles 34 to 52: partnerships and limited liability partnerships
53Articles 34 to 52: partnerships and limited liability partnerships
Applications under the Insolvency Order
54Regulator’s right to apply under Article 367 of the Insolvency Order
Register of schemes
55Registrable information
56The register: inspection, provision of information and reports etc.
57The register: duties of trustees or managers
58Duty of the Regulator to issue scheme return notices
59Duty of trustees or managers to provide scheme return
60Scheme returns: supplementary
Register of prohibited trustees
61Register of prohibited trustees
62Accessibility of register of prohibited trustees
Collecting information relevant to the Board
63Information relevant to the Board
64Duty to notify the Regulator of certain events
Reporting breaches of the law
65Duty to report breaches of the law
Reports by skilled persons
66Reports by skilled persons
Gathering information
67Provision of information
68Inspection of premises
69Inspection of premises in respect of employers' obligations
70Inspection of premises: powers of inspectors
71Inspection of premises: supplementary
72Penalties relating to Articles 67 to 70
73Warrants
74Articles 67 to 73: interpretation
Provision of false or misleading information
75Offences of providing false or misleading information
Use of information
76Use of information
Disclosure of information
77Restricted information
78Information supplied to the Regulator by corresponding overseas authorities
79Disclosure for facilitating exercise of functions by the Regulator
80Disclosure for facilitating exercise of functions by the Board
81Disclosure for facilitating exercise of functions by other supervisory authorities
82Other permitted disclosures
83Tax information
Reports
84Publishing reports etc.
Codes of practice
85Codes of practice
86Procedure for issue and publication of codes of practice
87Revocation of codes of practice
Exercise of regulatory functions
88The Regulator’s procedure in relation to its regulatory functions
89Publication of procedure in relation to regulatory functions
90Application of standard and special procedure
91Standard procedure
92Special procedure: applicable cases
93Special procedure
94Compulsory review
95Duty to have regard to the interests of members etc.
96Powers to vary or revoke orders, notices or directions etc.
The Pensions Regulator Tribunal
97References to the Tribunal
98Appeal on a point of law
99Redetermination etc. by the Tribunal
100Disclosure of information
PART IIITHE BOARD OF THE PENSION PROTECTION FUND
CHAPTER 1THE BOARD
General provision about functions
101Board’s functions and supplementary powers etc.
Financial matters
102Grants
103Administration levy
CHAPTER 2INFORMATION RELATING TO EMPLOYER'S INSOLVENCY ETC.
Insolvency events
104Duty to notify insolvency events in respect of employers
105Insolvency event, insolvency date and insolvency practitioner
Status of scheme
106Insolvency practitioner’s duty to issue notices confirming status of scheme
107Approval of notices issued under Article 106
Board’s duties
108Board’s duty where there is a failure to comply with Article 106
109Binding notices confirming status of scheme
CHAPTER 3PENSION PROTECTION
Eligible schemes
110Eligible schemes
Circumstances in which Board assumes responsibility for eligible schemes
111Duty to assume responsibility for schemes following insolvency event
112Duty to assume responsibility for schemes following application or notification
113Applications and notifications for the purposes of Article 112
114Board’s duty where application or notification received under Article 113
115Protected liabilities
Restrictions on schemes during the assessment period
116Assessment periods
117Admission of new members, payment of contributions etc.
118Directions
119Restrictions on winding up, discharge of liabilities etc.
120Power to validate contraventions of Article 119
121Board to act as creditor of the employer
122Payment of scheme benefits
123Loans to pay scheme benefits
Ill health pensions
124Reviewable ill health pensions
125Effect of a review
126Articles 124 and 125: interpretation
Valuation of assets and liabilities
127Board’s obligation to obtain valuation of assets and protected liabilities
128Approval of valuation
129Binding valuations
Refusal to assume responsibility
130Schemes which become eligible schemes
131New schemes created to replace existing schemes
132Withdrawal following issue of Article 106(4) notice
Cessation of involvement with a scheme
133Circumstances in which Board ceases to be involved with an eligible scheme
134Consequences of the Board ceasing to be involved with a scheme
Reconsideration
135Application for reconsideration
136Duty to assume responsibility following reconsideration
Closed schemes
137Closed schemes
Winding up
138Requirement to wind up schemes with sufficient assets to meet protected liabilities
Provisions applying to closed schemes
139Treatment of closed schemes
140Valuations of closed schemes
Reconsideration of closed schemes
141Applications and notifications where closed schemes have insufficient assets
142Duty to assume responsibility for closed schemes
143Closed schemes: further assessment periods
Assumption of responsibility for a scheme
144Transfer notice
145Effect of Board assuming responsibility for a scheme
146The pension compensation provisions
147Adjustments to be made where the Board assumes responsibility for a scheme
148Postponement of compensation entitlement for the assessment period
149Guaranteed minimum pensions
150Duty to pay scheme benefits unpaid at assessment date etc.
151Modification of Chapter where liabilities discharged during assessment period
152Administration of compensation
Discharge of Board’s liabilities
153Discharge of liabilities in respect of compensation
154Discharge of liabilities in respect of money purchase benefits
Equal treatment
155Equal treatment
Relationship with fraud compensation regime
156Relationship with fraud compensation regime
The levies
157Initial levy
158Pension protection levies
159Supplementary provisions about pension protection levies
160Amounts to be raised by the pension protection levies
161The levy ceiling
162Valuations to determine scheme underfunding
163Pension protection levies during the transitional period
164Calculation, collection and recovery of levies
CHAPTER 4FRAUD COMPENSATION
Entitlement to fraud compensation
165Cases where fraud compensation payments can be made
166Board’s duties in respect of certain applications under Article 165
167Recovery of value
168Fraud compensation payments
169Interim payments
170Board’s powers to make fraud compensation transfer payments
The levy
171Fraud compensation levy
CHAPTER 5GATHERING INFORMATION
172Information to be provided to the Boardetc.
173Notices requiring provision of information
174Entry of premises
175Penalties relating to Articles 173 and 174
176Warrants
Provision of false or misleading information
177Offence of providing false or misleading information to the Board
Use of information
178Use of information
Disclosure of information
179Restricted information
180Disclosure for facilitating exercise of functions by the Board
181Disclosure for facilitating exercise of functions by the Regulator
182Disclosure for facilitating exercise of functions by other supervisory authorities
183Other permitted disclosures
184Tax information
Provision of information to members of schemes etc.
185Provision of information to members of schemes etc.
Interpretation
186Articles 172 to 185: interpretation
Reports
187Publishing reports etc.
CHAPTER 6REVIEWS, APPEALS AND MALADMINISTRATION
Review etc. by the Board
188Meaning of “reviewable matters”
189Review and reconsideration by the Board of reviewable matters
190Investigation by the Board of complaints of maladministration
The PPF Ombudsman
191The PPF Ombudsman
References to the PPF Ombudsman
192Reference of reviewable matter to the PPF Ombudsman
193Investigation by PPF Ombudsman of complaints of maladministration
194Referral of questions of law
195Publishing reports etc.
196Determinations of the PPF Ombudsman
197Obstruction etc. of the PPF Ombudsman
CHAPTER 7MISCELLANEOUS
Backdating the winding up of eligible schemes
198Backdating the winding up of eligible schemes
Pension sharing
199Pension sharing
PART IVSCHEME FUNDING
Introductory
200Pension schemes to which this Part applies
Scheme funding
201The statutory funding objective
202Statement of funding principles
203Actuarial valuations and reports
204Certification of technical provisions
205Recovery plan
206Schedule of contributions
207Failure to make payments
208Matters requiring agreement of the employer
209Matters on which advice of actuary must be obtained
210Powers of the Regulator
Supplementary provisions
211Power to modify provisions of this Part
212Construction as one with the 1995 Order
PART VFINANCIAL PLANNING FOR RETIREMENT
Retirement planning
213Supply of housing benefit information
214Combined pension forecasts
Employee information and advice
215Information and advice to employees
PART VIOCCUPATIONAL AND PERSONAL PENSION SCHEMES: MISCELLANEOUS PROVISIONS
Categories of pension scheme
216Categories of pension scheme
217Meaning of employer in Part II of the 1995 Order
Requirements for member-nominated trustees and directors
218Requirement for member-nominated trustees
219Requirement for member-nominated directors of corporate trustees
220Member-nominated trustees and directors: supplementary
Obligations of trustees of occupational pension schemes
221Investment principles
222Power to make regulations governing investment by trustees
223Borrowing by trustees
224Requirement for knowledge and understanding: individual trustees
225Requirement for knowledge and understanding: corporate trustees
226Requirement for knowledge and understanding: supplementary
Payment of surplus to employer
227Payment of surplus to employer
228Payment of surplus to employer: transitional power to amend scheme
Restrictions on payment into occupational pension schemes
229UK-based scheme to be trust with effective rules
230Non-European scheme to be trust with UK-resident trustee
231Representative of non-European scheme to be treated as trustee
Activities of occupational pension schemes
232Activities of occupational pension schemes
No indemnification for fines or civil penalties
233No indemnification for fines or civil penalties
Pension protection on transfer of employment
234Conditions for pension protection
235Form of protection
Consultation by employers
236Consultation by employers: occupational pension schemes
237Consultation by employers: personal pension schemes
238Further provisions about regulations relating to consultation
Modification of pension rights
239Modification of subsisting rights
Short service benefit
240Increase in age at which short service benefit must be payable
Early leavers
241Early leavers: cash transfer sums and contribution refunds
Safeguarding pension rights
242Paternity leave and adoption leave
243Inalienability of occupational pension
Voluntary contributions
244Voluntary contributions
Payments by employers
245Payments made by employers to personal pension schemes
246Payments made by employers and members to occupational pension schemes
Winding up
247Winding up
Deficiency in assets of certain occupational pension schemes
248Debt due from the employer when assets insufficient
249Debt due from the employer in the case of multi-employer schemes
Pension disputes
250Resolution of disputes
The Pensions Ombudsman
251Deputy Pensions Ombudsman
252Jurisdiction
253Investigations
Pension compensation
254Amendments relating to the Pensions Compensation Board
Annual increases in rate of pensions
255Annual increase in rate of certain occupational pensions
256Annual increase in rate of certain personal pensions
257Power to increase pensions giving effect to pension credits etc.
Revaluation
258Exemption from statutory revaluation requirement
Contracting out
259Meaning of “working life” in Pension Schemes Act
260Power to prescribe conditions by reference to Inland Revenue approval
261Restrictions on commutation and age at which benefits may be received
Stakeholder pensions
262Meaning of “stakeholder pension scheme”
PART VIICROSS-BORDER ACTIVITIES WITHIN EUROPEAN UNION
UK occupational pension scheme receiving contributions from European employer
263Occupational pension scheme receiving contributions from European employer
264General authorisation to accept contributions from European employers
265Approval in relation to particular European employer
266Notification of legal requirements of host member State outside United Kingdom
267Duty of trustees or managers to act consistently with law of host member State
268Power of Regulator to require ring-fencing of assets
European occupational pension scheme receiving contributions from UK employer
269Functions of Regulator in relation to institutions administered in other member States
Assistance for other European regulators
270Stopping disposal of assets of institutions administered in other member States
Interpretation
271Interpretation of Part
PART VIIISTATE PENSIONS
Entitlement to more than one pension
272Persons entitled to more than one Category B retirement pension
Deferral of state pension
273Deferral of retirement pensions and shared additional pensions
Miscellaneous
274Disclosure of state pension information
PART IXMISCELLANEOUS AND SUPPLEMENTARY
Dissolution of existing bodies – information
275Information obtained by the Regulator
276Information obtained by the Board
Electronic working
277Notification and documents in electronic form
278Timing and location of things done electronically
General
279Overriding requirements
280Modification of this Order in relation to certain categories of schemes
281Modification of pensions legislation that refers to employers
282Admissibility of statements
283Protected items
284Liens
285Crown application
Regulations and orders
286Breach of regulations
287Orders and regulations (general provisions)
288Assembly etc. control of orders and regulations
289Consultations about regulations
Miscellaneous and supplementary
290Minor and consequential amendments
291Repeals
292Transitional adaptations etc.: section 322(1) of the Pensions Act 2004
293Power to make further provision in connection with civil partnership
294Pre-consolidation amendments
SCHEDULES
SCHEDULE 1THE PENSIONS REGULATOR
PART 1DELEGATION
1(1) Subject to sub-paragraph (2), the Regulator may authorise—
2The Department may make regulations— (a) limiting the extent to...
PART 2FUNDING AND ACCOUNTS
3(1) Section 170 of the Pension Schemes Act (levies towards...
SCHEDULE 2THE RESERVED REGULATORY FUNCTIONS
PART 1FUNCTIONS UNDER THE PENSION SCHEMES ACT
1The power by direction under section 95(4) to grant an...
2The power by direction under section 97J(2) to extend the...
3The power under regulations made by virtue of section 164(4)...
PART 2FUNCTIONS UNDER THE 1995 ORDER
4The power to make an order under Article 3(1) prohibiting...
5The power to make an order under Article 3(3) revoking...
6The power to make an order under Article 4(1) suspending...
7The power to make an order under Article 4(2) extending...
8The power to make an order under Article 4(5) revoking...
9The power to make an order appointing a trustee under...
10The power under Article 9 to exercise by order the...
11The power to require a person to pay a penalty...
12The power to make an order under Article 11 directing...
13The power to give directions to trustees under Article 15....
14The power under Article 29(5) to give a notice waiving...
15The power under Article 30(2) to exercise by order the...
16The power to make an order under Article 67G(2) by...
17The power to make an order under Article 67H(2) prohibiting,...
18The power to make an order under Article 69 authorising...
19The power to make an order under Article 71A modifying...
PART 3FUNCTIONS UNDER THE 1999 ORDER
20The power by direction under Article 4(3)(b) to remove a...
PART 4FUNCTIONS UNDER THIS ORDER
21The power to make or extend a restraining order under...
22The power to make an order under Article 16(10) permitting...
23The power to make a repatriation order under Article 17....
24The power to make a freezing order under Article 19....
25The power to make an order under Article 21(3) extending...
26The power to make an order under Article 22 validating...
27The power to make an order under Article 24 directing...
28The power to make an order under Article 26 giving...
29The power to make an order under Article 27(3) directing...
30The power to issue a contribution notice under Article 34....
31The power to issue a direction under Article 37(4) to...
32The power to issue a revised contribution notice under Article...
33The power to issue a financial support direction under Article...
34The power to issue a contribution notice under Article 43....
35The power to issue a direction under Article 46(4) to...
36The power to issue a revised contribution notice under Article...
37The power to make a restoration order under Article 48....
38The power to issue a contribution notice under Article 51....
39The power to issue a notice under Article 66 requiring...
40The power to make a direction under Article 71(8) extending...
41The power to make a direction under Article 73(10) extending...
42The power to make an order under Article 210 modifying...
43The power to issue a ring-fencing notice under Article 268....
44The power to vary or revoke under Article 96—
SCHEDULE 3RESTRICTED INFORMATION HELD BY THE REGULATOR: CERTAIN PERMITTED DISCLOSURES TO FACILITATE EXERCISE OF FUNCTIONS
SCHEDULE 4THE BOARD OF THE PENSION PROTECTION FUND
1(1) Subject to sub-paragraph (2), the Board may authorise—
2(1) The Board may make arrangements for any of its...
3(1) Where the Board makes arrangements under paragraph 2(1) for...
SCHEDULE 5TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES TO THE BOARD
1This Schedule applies where the property, rights and liabilities of...
2(1) Subject to sub-paragraph (2), the property, rights and liabilities...
3(1) Without prejudice to the generality of Article 145 and...
4The transfer is binding on all persons, even if, apart...
5No person shall have any power, in consequence of the...
6Any reference in any agreement, document or instrument of any...
7(1) The Board must take all such steps as may...
SCHEDULE 6PENSION COMPENSATION PROVISIONS
Introductory
1This Schedule applies for the purposes of determining the compensation...
2In this Schedule references to “the assessment date” are to...
Pensions in payment at assessment date
3(1) Compensation is payable in accordance with this paragraph where,...
4(1) This paragraph applies where— (a) the pensioner dies on...
Pension benefits postponed at assessment date
5(1) Compensation is payable in accordance with this paragraph where...
6(1) This paragraph applies where the postponed pensioner—
7(1) Compensation is payable in accordance with this paragraph where...
Active members over normal pension age at assessment date
8(1) Compensation is payable in accordance with this paragraph where...
9(1) This paragraph applies where the active member dies on...
10(1) Compensation is payable in accordance with this paragraph where...
Active members who have not attained normal pension age at assessment date
11(1) Compensation is payable in accordance with this paragraph where...
12(1) This paragraph applies for the purposes of paragraph 11(4)(b)....
13(1) This paragraph applies where the active member dies on...
14(1) Compensation is payable in accordance with this paragraph where...
Deferred members who have not attained normal pension age at assessment date
15(1) Compensation is payable in accordance with this paragraph where,...
16(1) This paragraph applies for the purposes of paragraph 15(4)(b)....
17(1) This paragraph applies for the purposes of paragraph 15(4)(c)....
18(1) This paragraph applies where— (a) the deferred member dies...
19(1) Compensation is payable in accordance with this paragraph where,...
Compensation in respect of scheme right to transfer payment or contribution refund
20(1) Compensation is payable in accordance with this paragraph where—...
Pension credit members who have not attained normal benefit age at assessment date
21(1) Paragraphs 15, 18 and 19 apply in relation to...
Survivors who do not meet conditions for scheme benefits at assessment date
22(1) Compensation is payable in accordance with this paragraph where—...
Compensation in form of dependants' benefits
23(1) Regulations may provide for compensation to be payable, in...
Commutation of periodic compensation
24(1) In prescribed circumstances, a person entitled to periodic compensation...
Early payment of compensation
25(1) Regulations may prescribe circumstances in which, and conditions subject...
Compensation cap
26(1) Where— (a) a person becomes entitled to relevant compensation...
Increasing the compensation cap in line with earnings
27Where, pursuant to paragraph 27 of Schedule 7 to the...
Annual increase in periodic compensation
28(1) This paragraph provides for the increases mentioned in sub-paragraph...
Board’s powers to alter rates of revaluation and indexation
29(1) The Board may determine the percentage that is to...
Department’s powers to vary percentage paid as compensation
30(1) The Department may, on the recommendation of the Board,...
Special provision in relation to certain pensions in payment before the assessment date
31(1) The powers conferred by this paragraph are exercisable in...
Short periods of service which terminate on commencement of assessment period
32(1) This paragraph applies to a member of the scheme...
Power to modify Schedule in its application to certain schemes
33Where the scheme is a prescribed scheme or a scheme...
Normal pension age
34(1) In this Schedule “normal pension age”, in relation to...
Scheme rules, admissible rules etc.
35(1) In this Schedule, in relation to the scheme, each...
Accrual rate, pensionable service and pensionable earnings
36(1) In this Schedule, in relation to a member’s entitlement...
Other definitions
37(1) In this Schedule— “deferred member”, in relation to the...
SCHEDULE 7RESTRICTED INFORMATION HELD BY THE BOARD: CERTAIN PERMITTED DISCLOSURES TO FACILITATE EXERCISE OF FUNCTIONS
SCHEDULE 8REVIEWABLE MATTERS
1The issue of a determination notice under Article 107 approving...
2The failure to issue a determination notice under Article 107....
3The issue of, or failure to issue, a notice under...
4The issue of, or failure to issue—
5Any direction given under paragraph (2) of Article 118 (directions...
6The issue of a notice under Article 120(2) (power to...
7The making of a loan under Article 123(2) (loans to...
8The failure by the Board to obtain an actuarial valuation...
9The approval of, or failure to approve, a valuation in...
10The issue of, or failure to issue, a withdrawal notice...
11The issue of, or failure to issue, a withdrawal notice...
12The issue of, or failure to issue, a determination notice...
13The issue of, or failure to issue, a determination notice...
14Any direction given under Article 138(7) (directions about winding up...
15The failure by the Board to give a transfer notice...
16Any determination by the Board of a person’s entitlement to...
17Any failure by the Board to make a payment required...
18Any determination by the Board under Article 164(3)(a) (the eligible...
19The amount of the initial levy or any pension protection...
20The making of a fraud compensation payment under Article 165(1),...
21The issue of, or failure to issue, a notice under...
22Any settlement date determined by the Board under Article 167(2)...
23Any determination by the Board under Article 167(4) (recovery of...
24The making of a payment under Article 169(1) (interim payments),...
25Any term or condition imposed by the Board—
26Any determination by the Board under Article 169(3)(b) (interim payments)...
27Any date determined by the Board under Article 170(4) (earliest...
28Any determination by the Board under Article 170(6) (fraud compensation...
29Any determination by the Board under Article 171(7)(a) (occupational pension...
30The amount of any fraud compensation levy payable in respect...
SCHEDULE 9DEFERRAL OF RETIREMENT PENSIONS AND SHARED ADDITIONAL PENSIONS
PART 1PRINCIPAL AMENDMENTS OF CONTRIBUTIONS AND BENEFITS ACT
1Schedule 5 to the Contributions and Benefits Act (increase of...
2For the heading, substitute “PENSION INCREASE OR LUMP SUM WHERE...
3Before paragraph 1 insert— Choice between increase of pension and...
4For paragraph 1 (increase of pension where pensioner’s entitlement is...
5(1) In paragraph 2 (calculation of increment), in sub-paragraph (5)(b),...
6After paragraph 2 insert— (1) This paragraph applies where— (a) a person’s entitlement to...
7(1) After paragraph 3 insert— Lump sum where pensioner’s entitlement...
8After paragraph 3B (inserted by paragraph 7) insert— Choice between...
9(1) Paragraph 4 (increase of pension where pensioner’s deceased spouse...
10(1) After paragraph 7 insert— Entitlement to lump sum where...
11After paragraph 7B (inserted by paragraph 10) insert— Supplementary (1) Any lump sum calculated under paragraph 3B or 7B...
12For the heading immediately preceding paragraph 8 substitute “Married couples”....
13In paragraph 8 (married couples)— (a) in sub-paragraph (3) for...
14After Schedule 5 to the Contributions and Benefits Act insert—...
PART 2CONSEQUENTIAL AMENDMENTS
15The Contributions and Benefits Act
16In section 62(1) (graduated retirement benefit)— (a) in paragraph (a),...
17In section 121(1) (interpretation of Parts I to VI)—
18The 1999 Order
19In Article 47, omit paragraph (2) (which amends provisions relating...
20In Article 49(2) (power to make regulations preserving rights in...
PART 3TRANSITIONAL PROVISIONS
21Widowers' entitlement to increase of pension or widowed person’s lump sum
22Transitional provision
SCHEDULE 10MINOR AND CONSEQUENTIAL AMENDMENTS
1The Matrimonial Causes (Northern Ireland) Order 1978 (NI 15)
2The Companies Order
3The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (NI 4)
4The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
5The Pension Schemes Act
6In section 49 (supervision: former contracted-out schemes), after subsection (1B)...
7(1) Section 52 (provision supplementary to section 51) is amended...
8In section 57 (deduction of contributions equivalent premium from refund...
9(1) Section 90 (right to cash equivalent) is amended as...
10In section 95 (trustees' duties after exercise of option)—
11In section 97J (time for compliance with transfer notice)—
12In section 107A (monitoring of employers' payments to personal pension...
13In section 109 (disclosure of information about schemes to members...
14After that section insert— Disclosure of information about transfers etc....
15In section 119 (interpretation of Chapter 2 of Part VII)...
16In section 120 (duty of Department for Employment and Learning...
17In section 125(1) (overriding requirements)— (a) for “and IV” substitute...
18In section 126(b), (extra-statutory requirements), for “or IV” substitute “,...
19In section 142 (functions of the Pensions Ombudsman)—
20In section 145 (procedure on investigation by Pensions Ombudsman), in...
21(1) Section 154A (other disclosures by the Department) is amended...
22In section 164(4) (penalties for contravention of regulations) after “the...
23In section 170 (levies)— (a) for subsection (8) substitute—
24In section 173 (power to make regulations as to the...
25(1) Section 174 (linked qualifying service) is amended as follows....
26In section 176(1) (general interpretation), in the definition of “transfer...
27In section 178(3) (sub-delegation), after “93(1)” insert “, 97AF(1)”.
28The 1995 Order
29In Article 4 (suspension orders), in paragraphs (3) and (5)...
30In Article 7 (appointment of trustees)— (a) in paragraph (1)...
31In Article 9 (removal and appointment of trustees: property), after...
32In Article 10 (civil penalties), in paragraph (5)(a) omit “as...
33In Article 15(4) (failure to comply with Authority’s direction) for...
34In Article 22 (circumstances in which independent trustee provisions apply),...
35In Article 25 (appointment and powers of independent trustees: further...
36In Article 26 (insolvency practitioner or official receiver to give...
37Omit Articles 26A to 26C.
38In Article 28 (consequences of prohibition on trustee being auditor...
39In Article 29 (persons disqualified for being trustees), in paragraph...
40In Article 30 (persons disqualified: consequences)— (a) in paragraph (2),...
41Omit Article 30A (accessibility of register of disqualified trustees).
42In Article 32 (decisions of trustees by a majority)—
43In Article 34 (powers of investment and delegation) in paragraph...
44(1) Article 38 (power to defer winding up) is amended...
45In Article 40 (restriction on employer-related investments), in paragraph (4)...
46In Article 41 (provision of documents for members)—
47In Article 47 (professional advisers), in paragraphs (3), (8) and...
48In Article 49 (other responsibilities of trustees, employers, etc.)—
49In Article 49A (record of winding up decisions) omit paragraph...
50In Article 68 (power of trustees to modify schemes by...
51In Article 69 (grounds for applying for modifications)—
52In Article 71A(4)(d) (power to make provision in relation to...
53In Article 72A (reports to Authority about winding up) omit...
54In Article 72C (duty to comply with directions for facilitating...
55In Article 73 (preferential liabilities on winding up), in paragraph...
56In Article 76 (excess assets on winding up)—
57In Article 77 (excess assets remaining after winding up: power...
58In Article 85 (schedules of payments to money purchase schemes)...
59In Article 86 (provision supplementary to Article 85) omit paragraph...
60In Article 87 (application of further provisions to money purchase...
61In Article 115 (powers to modify Part II of the...
62In Article 116 (calculations, etc. under regulations: sub-delegation), for “73(3)”...
63(1) Article 121 (interpretation of Part II) is amended as...
64The Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)
65The 1999 Order
66In Article 3 (stakeholder pension schemes), in paragraph (6), after...
67In Article 4 (registration of stakeholder pension schemes)—
68In Article 9(2)(a) (providing for stakeholder pension schemes to be...
69In Article 35 (treatment in winding up)—
70(1) Paragraph 1 of Schedule 1 (application of statutory provisions...
71(1) Schedule 5 (pension credits: mode of discharge) is amended...
SCHEDULE 11REPEALS

2005 No. 255 (N.I. 1)

NORTHERN IRELAND

The Pensions (Northern Ireland) Order 2005

Made

Laid

Coming into operation in accordance with Article 1

At the Court at Buckingham Palace, the 9th day of February 2005

Present,

The Queen’s Most Excellent Majesty in Council

Whereas this Order in Council is made only for purposes corresponding to the purposes of the Pensions Act 2004 (c. 35):

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (as modified by section 324 of the said Act of 2004) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—