Search Legislation

The Pensions (Northern Ireland) Order 2005

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

The Pensions (Northern Ireland) Order 2005, SCHEDULE 2 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Article 7(4).

SCHEDULE 2N.I.THE RESERVED REGULATORY FUNCTIONS

This schedule has no associated Explanatory Memorandum

PART 1N.I.FUNCTIONS UNDER THE PENSION SCHEMES ACT

1.  The power by direction under section 95(4) to grant an extension of the period within which the trustees or managers of a scheme are to carry out certain duties.N.I.

2.  The power by direction under section 97J(2) to extend the period for compliance with a transfer notice.N.I.

3.  The power under regulations made by virtue of section 164(4) to require a person to pay a penalty.N.I.

[F13A  A power under section 20H (compliance with conditions of conversion of guaranteed minimum pension).]N.I.

F1Sch. 2 para. 3A added (3.3.2009 for certain purposes otherwise 6.4.2009) by Pensions Act (Northern Ireland) 2008 (c. 1), ss. 12(7), 21(1)(a); S.R. 2009/75, art. 2

PART 2N.I.FUNCTIONS UNDER THE 1995 ORDER

4.  The power to make an order under Article 3(1) prohibiting a person from being a trustee.N.I.

5.  The power to make an order under Article 3(3) revoking such an order.N.I.

[F25A  The power under Article 3A(3) to give a notice waiving a prohibition.]N.I.

6.  The power to make an order under Article 4(1) suspending a trustee.N.I.

7.  The power to make an order under Article 4(2) extending the period for which an order under Article 4(1) of that Order has effect.N.I.

8.  The power to make an order under Article 4(5) revoking an order under Article 4(1) of that Order suspending a trustee.N.I.

9.  The power to make an order appointing a trustee under any of the following provisions of Article 7—N.I.

(a)paragraph (1) where a trustee is removed by an order under Article 3 (prohibition orders) [F3or by Article 3A];

(b)paragraph (3)(a) [F4, (c) or (d)].

10.  The power under Article 9 to exercise by order the same jurisdiction and powers as the High Court for vesting property in, or transferring property to, trustees in consequence of the appointment or removal of a trustee.N.I.

11.  The power to require a person to pay a penalty under Article 10 (including under regulations made by virtue of paragraph (3) of that Article).N.I.

12.  The power to make an order under Article 11 directing or authorising an occupational pension scheme to be wound up.N.I.

13.  The power to give directions to trustees under Article 15.N.I.

[F513A.  The duty under Article 23(4), and regulations made thereunder, to compile and maintain a register of persons who satisfy prescribed conditions to act as independent trustees, but only in so far as that duty entails the removal of a person from that register if he does not satisfy, or no longer satisfies, any such prescribed condition.]N.I.

F5SR 2005/169

14.  The power under Article 29(5) to give a notice waiving a disqualification under Article 29 of that Order.N.I.

15.  The power under Article 30(2) to exercise by order the same jurisdiction and powers as the High Court for vesting property in, or transferring property to, the trustees where a trustee becomes disqualified under Article 29 of that Order.N.I.

[F615A.  The power under Article 58(7) to extend or further extend the period referred to in Article 58(6) of that Order in relation to a schedule of contributions for an occupational pension scheme.]N.I.

F6SR 2005/357

15B.  The power under Article 60(7) to extend or further extend the period applicable under Article 60(3) of that Order in relation to securing an increase in the value of the assets of an occupational pension scheme.N.I.

16.  The power to make an order under Article 67G(2) by virtue of which any modification of, or grant of rights under, an occupational pension scheme is void to any extent.N.I.

17.  The power to make an order under Article 67H(2) prohibiting, or specifying steps to be taken in relation to, the exercise of a power to modify an occupational pension scheme.N.I.

18.  The power to make an order under Article 69 authorising the modification of an occupational pension scheme or modifying the scheme.N.I.

19.  The power to make an order under Article 71A modifying an occupational pension scheme with a view to ensuring that it is properly wound up.N.I.

PART 3N.I.FUNCTIONS UNDER THE 1999 ORDER

20.  The power by direction under Article 4(3)(b) to remove a scheme from the register of stakeholder pension schemes.N.I.

PART 4N.I.FUNCTIONS UNDER THIS ORDER

21.  The power to make or extend a restraining order under Article 16.N.I.

22.  The power to make an order under Article 16(10) permitting payments out of an account that is subject to a restraining order.N.I.

23.  The power to make a repatriation order under Article 17.N.I.

24.  The power to make a freezing order under Article 19.N.I.

25.  The power to make an order under Article 21(3) extending the period for which a freezing order has effect.N.I.

26.  The power to make an order under Article 22 validating action taken in contravention of a freezing order.N.I.

27.  The power to make an order under Article 24 directing that specified steps are taken.N.I.

28.  The power to make an order under Article 26 giving a direction where a freezing order ceases to have effect.N.I.

29.  The power to make an order under Article 27(3) directing the notification of members.N.I.

30.  The power to issue a contribution notice under Article 34.N.I.

[F730A  The power to issue a direction under Article 35A(6) to any person.]N.I.

31.  The power to issue a direction under Article 37(4) to the trustees or managers of an occupational pension scheme.N.I.

32.  The power to issue a revised contribution notice under Article 37(9).N.I.

33.  The power to issue a financial support direction under Article 39.N.I.

[F833A  The power to issue a direction under Article 39A(3) to any person.]N.I.

34.  The power to issue a contribution notice under Article 43.N.I.

35.  The power to issue a direction under Article 46(4) to the trustees or managers of an occupational pension scheme.N.I.

36.  The power to issue a revised contribution notice under Article 46(9).N.I.

37.  The power to make a restoration order under Article 48.N.I.

38.  The power to issue a contribution notice under Article 51.N.I.

39.  The power to issue a notice under Article 66 requiring a report to be provided to the Regulator.N.I.

40.  The power to make a direction under Article 71(8) extending the retention period for documents taken into possession under Article 70.N.I.

41.  The power to make a direction under Article 73(10) extending the retention period for documents taken into possession under that Article.N.I.

[F941A  The power to require a person to pay a penalty under Article 83A.]N.I.

42.  The power to make an order under Article 210 modifying a scheme, giving directions or imposing a schedule of contributions.N.I.

43.  The power to issue a ring-fencing notice under Article 268.N.I.

44.  The power to vary or revoke under Article 96—N.I.

(a)a determination made by the Determinations Panel whether to exercise one of the other functions listed in this Schedule, or

(b)an order, notice or direction made, issued or given in the exercise of one of those functions—

(i)by the Panel, or

(ii)by the Regulator in compliance with a direction of [F10a tribunal] under Article 97.

F11[F11PART 4AN.I.Functions under Part 2 of the Pension Schemes Act 2021

F11Sch. 2 Pt. 4A inserted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in operation) by Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. 6 para. 21; S.R. 2022/197, art. 3(a)

44A  The power to give a direction under section 74(2) (direction to obtain actuarial valuation or take other steps to remedy or mitigate failure in relation to a collective money purchase scheme).N.I.

44B  The power to give a direction under section 80(6) (direction to implement proposals in a resolution plan).N.I.

44C  The power under section 81 to withdraw authorisation of a collective money purchase scheme.N.I.

44D  The power to give a direction under section 92(4) (direction to pursue a continuity option).N.I.

44E  The power to make a pause order under section 95.N.I.

44F  The power to make an order under paragraph 2(2) of Schedule 5 extending the period for which a pause order has effect.N.I.

44G  The power to make an order under paragraph 3 of Schedule 5 validating action taken in contravention of a pause order.N.I.

44H  The power to make an order under paragraph 4(3) of Schedule 5 directing the notification of members or employers.]N.I.

[F12PART 4BN.I.Functions Under The Pension Schemes Act (Northern Ireland) 2021

F12Sch. 2 Pt. 4B inserted (16.3.2022 for specified purposes, 6.4.2022 in so far as not already in operation) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(2), Sch. 3 para. 19; S.R. 2022/110, art. 2(a)(b)

44I.  The power to withdraw authorisation of a Master Trust scheme under section 19.N.I.

44J.  The power to give a direction under section 28(4) (direction to pursue continuity option).N.I.

44K.  The power to make a pause order under section 31.N.I.

44L.  The power to make an order under paragraph 2(2) of Schedule 1 extending the period for which a pause order has effect.N.I.

44M.  The power to make an order under paragraph 3 of that Schedule validating action taken in contravention of a pause order.N.I.

44N.  The power to make an order under paragraph 4(3) of that Schedule directing the notification of members or employers.N.I.

44O.  Terms used in this Part have the same meaning as in Part 1 of the Pension Schemes Act (Northern Ireland) 2021.]N.I.

[F13PART 5N.I.OTHER FUNCTIONS

45.  The power to make an order under regulation 19 of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 to waive or relax any of the requirements of regulations 6 to 16 of those Regulations.]N.I.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order as a PDF

The Whole Order you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Order without Schedules

The Whole Order without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources