Citation and commencement

1.  These Regulations may be cited as the Pension Protection Fund (Provision of Information) Regulations (Northern Ireland) 2005 and shall come into operation on 6th April 2005.

Interpretation

2.—(1) In these Regulations –

“the Order” means the Pensions (Northern Ireland) Order 2005(2);

“appointed representative” means a person –

“assessment period” shall be construed in accordance with Article 116 (assessment periods);

“beneficiary” in relation to an eligible scheme means any person, other than a member of that scheme, who is entitled to compensation in accordance with the pension compensation provisions;

“eligible scheme” shall be construed in accordance with Article 110 (eligible schemes);

“insolvency practitioner” shall be construed in accordance with Article 105 (insolvency event, insolvency date and insolvency practitioner);

“multi-employer scheme” shall be construed in accordance with Article 280(4);

“normal pension age” in relation to any pension or lump sum in respect of which compensation is payable shall be construed in accordance with paragraph 34 of Schedule 6 to the Order (pension compensation provisions);

“pension compensation provisions” shall be construed in accordance with Article 146 (the pension compensation provisions);

“personal representative” means the executor, original or by representation, or administrator for the time being of a deceased person;

“the register” means the register of occupational and personal pension schemes compiled and maintained under section 59 of the Pensions Act 2004(3);

“review decision” shall be construed in accordance with Article 189(1)(a) (review and reconsideration by the Board of reviewable matters); and

“transfer notice” shall be construed in accordance with Article 144 (transfer notice).

(2) Subject to paragraph (3), in these Regulations, “employer”, in relation to an occupational pension scheme which has no active members, includes every person who was the employer of persons in the description of employment to which the scheme relates immediately before the time at which the scheme ceased to have any active members in relation to it.

(3) In these Regulations, “employer”, in relation to a multi-employer scheme, or a section of a multi-employer scheme, includes –

(a)in the case of a scheme which has no active members, every person who was the employer of persons in the description of employment to which the scheme, or section, relates immediately before the time at which the scheme, or section, ceased to have any active members in relation to it unless, after that time –

(i)a debt under Article 75 of the 1995 Order(4) (deficiencies in the assets) becomes due from that person to the scheme, or section, and

(ii)either –

(aa)the full amount of the debt has been paid by that person to the trustees or managers of the scheme, or section; or

(bb)in circumstances where a legally enforceable agreement has been entered into between that person and the trustees or managers of the scheme, or section, the effect of which is to reduce the amount which is payable in respect of the debt, the reduced amount of the debt has been paid in full by that person to those trustees or managers; and

(b)in any other case, any person who has ceased to be the employer of persons in the description of employment to which the scheme, or section, relates unless –

(i)at the time when he so ceased, the scheme, or section, was not being wound up and continued to have active members in relation to it, and

(ii)a debt under Article 75 of the 1995 Order became due at that time from that person to the scheme, or section, and either –

(aa)the full amount of the debt has been paid by that person to the trustees or managers of the scheme, or section; or

(bb)in circumstances where a legally enforceable agreement has been entered into between that person and the trustees or managers of the scheme, or section, the effect of which is to reduce the amount which is payable in respect of the debt, the reduced amount of the debt has been paid in full by that person to those trustees or managers.

(4) In these Regulations any reference to a numbered Article is a reference to the Article of the Order bearing that number.

Information to be provided by the Board

3.—(1) In this regulation –

“insolvency event” shall be construed in accordance with Article 105;

“qualifying insolvency event” shall be construed in accordance with Article 111 (duty to assume responsibility for schemes following insolvency event); and

“segregated scheme” means a multi-employer scheme which is divided into two or more sections where –

(2) Where the Board receives a notice under Article 104(2) (duty to notify insolvency events in respect of employers) from an insolvency practitioner that an insolvency event has occurred in relation to an employer, and –

(a)the scheme to which the notice relates is an eligible scheme; or

(b)in the case of a multi-employer scheme which is a segregated scheme, the section to which the notice relates is an eligible section,

it shall, within the period of 28 days beginning with its receipt of that notice, provide that insolvency practitioner, the Regulator and the trustees or managers of that scheme or section with the information described in paragraph (3).

(3) The information to be provided under paragraph (2) is –

(a)where the insolvency event is not a qualifying insolvency event, that the insolvency event is not such an insolvency event; or

(b)where the insolvency event is a qualifying insolvency event, that the insolvency event is such an insolvency event and the date on which the assessment period began.

(4) Where the Board –

(a)receives, during the assessment period, an application for a loan from the trustees or managers of a scheme under Article 123(2) (loans to pay scheme benefits); and

(b)decides whether or not it will make a loan to those trustees or managers,

it shall, within the period of 14 days beginning with the day on which it made its decision, notify those trustees or managers of its decision, of the amount that it considers appropriate to lend and of the terms on which it will make the loan.

(5) Where a person is authorised by the Board for the purposes of these Regulations as mentioned in Article 172(1)(b)(ii) (information to be provided to the Board etc.) in relation to a scheme, the Board shall, within 14 days of making that authorisation, notify the identity of the person so authorised to –

(a)the trustees or managers of that scheme;

(b)the employer in respect of that scheme; and

(c)the insolvency practitioner in relation to that employer.

(6) Where the Board has given the trustees or managers of a scheme a transfer notice, the information to be provided by the Board to members and beneficiaries of that scheme shall be determined in accordance with Schedule 1.

Information to be provided by trustees or managers

4.—(1) This regulation applies where there is an assessment period in relation to an eligible scheme.

(2) The information to be provided to –

(a)the Board; and

(b)members of that scheme,

by the trustees or managers of that scheme shall be determined in accordance with Schedule 2.

Information to be provided by members and beneficiaries and their personal representatives

5.—(1) This regulation applies where the Board has given the trustees or managers of a scheme a transfer notice.

(2) The information to be provided to the Board by members and beneficiaries of that scheme shall be determined in accordance with Schedule 3.

(3) Where a member or a beneficiary dies, his personal representative shall, within the period of 28 days beginning with the day of the death, notify the Board of the death and provide the death certificate to the Board.

Method of providing information

6.—(1) Where, under these Regulations, any information is to be provided to any person, that information shall be provided in writing.

(2) Where –

(a)under these Regulations, any information is to be provided –

(i)to the Board by any member or beneficiary, or

(ii)by the Board to any member or beneficiary; and

(b)there is an appointed representative in relation to that member or beneficiary,

that information shall be provided by, or to, his appointed representative.

(3) Any document sent, or notification given, by the Board to any member or beneficiary under regulation 3(6) shall include –

(a)the name of the scheme to which it relates or other information sufficient to identify the subject matter of the document or notification;

(b)the address and telephone number of the Board;

(c)the name in legible characters of the sender of the document or giver of the notification; and

(d)the date on which it was sent or given.

(4) Any notification given by the Board to any person under regulation 3(2), (4) or (5) shall include –

(a)the name of the person to whom it is given;

(b)the name of the scheme to which the notification relates;

(c)the pension scheme registration number which is allocated to that scheme in the register;

(d)the address and telephone number of the Board;

(e)the name in legible characters of the giver of the notification; and

(f)the date on which it was given.

(5) Any document sent, or notification given, by any trustees or managers to the Board under regulation 4(2) shall include –

(a)the names of the trustees or managers sending the document or giving the notification;

(b)the name of the scheme to which the document or notification relates; and

(c)the pension scheme registration number which is allocated to that scheme in the register.

(6) Any document sent, or notification given, to the Board by any member under regulation 5(2), or by the personal representative of a deceased member under regulation 5(3), shall include, in relation to that member –

(a)the name, address, date of birth and national insurance number of that member;

(b)the name of the employer in relation to the scheme in which that member’s pension rights accrued; and

(c)the address or location of a place of business of that employer.

(7) Any document sent, or notification given, to the Board by any beneficiary under regulation 5(2), or by the personal representative of a deceased beneficiary under regulation 5(3), shall include, in relation to the member from whom that beneficiary has accrued pension rights, the information described in paragraph (6)(a), (b) and (c) and the name, address, date of birth and national insurance number of that beneficiary.

Regulation 3(6)

SCHEDULE 1INFORMATION TO BE PROVIDED BY THE BOARD

1.—(1) In this Schedule –

“interested person” shall be construed in accordance with regulations made under Article 189(2); and

“reviewable matter” shall be construed in accordance with Article 188 (meaning of “reviewable matters”).

(2) Information to be provided by the Board to members and beneficiaries shall be determined in accordance with the following Table –

Regulation 4(2)

SCHEDULE 2INFORMATION TO BE PROVIDED BY TRUSTEES OR MANAGERS

1.—(1) In this Schedule –

“assessment date” shall be construed in accordance with paragraph 2 of Schedule 6 to the Order;

“hybrid scheme” shall be construed in accordance with Article 280(4);

“notification date” means the day on which the Board notifies the trustees or managers of the scheme in accordance with regulation 3(3)(b) of the date on which the assessment period began;

“partially guaranteed scheme” shall be construed in accordance with Article 280(3);

“relevant contract of insurance” shall be construed in accordance with Article 145(8) (effect of Board assuming responsibility for a scheme);

“reviewable ill health pension” shall be construed in accordance with Article 124 (reviewable ill health pensions);

“valuation” means a valuation, or further valuation(5), which has been –

“valuation summary” means, in relation to each member of the scheme, a summary of the valuation which contains –

“withdrawal notice” means a notice issued under Article 106(2)(b) (insolvency practitioner’s duty to issue notices confirming status of scheme) or Article 114(3) (Board’s duty where application or notification received under Article 113).

(2) Information to be provided to the Board and members by trustees or managers shall be determined in accordance with the following Table –

Regulation 5(2)

SCHEDULE 3INFORMATION TO BE PROVIDED BY MEMBERS AND BENEFICIARIES

Information to be provided by members and beneficiaries to the Board shall be determined in accordance with the following Table –

Explanatory Note

(This note is not part of the Regulations.)

These Regulations make provision relating to the information which the Board of the Pension Protection Fund (“the Board”), the members and beneficiaries of certain occupational pension schemes and the trustees or managers of such schemes are required to provide where compensation is, or may become, payable by the Board. The Board is established by section 107 of the Pensions Act 2004 to provide compensation for members of certain occupational pension schemes in the event of the insolvency of the scheme’s sponsoring employer and where the pension scheme is underfunded at a certain level.

Regulation 1 provides for citation and commencement and regulation 2 provides for interpretation.

Regulation 3 makes provision as to the information to be provided by the Board to insolvency practitioners in relation to insolvent employers who sponsored an occupational pension scheme, trustees or managers of such schemes where an insolvency event has occurred in relation to the sponsoring employer, such employers and the members and beneficiaries of such schemes.

Regulation 4 makes provision as to the information to be provided by the trustees or managers of such schemes to the Board and to members and beneficiaries of such schemes.

Regulation 5 makes provision as to the information to be provided by members and beneficiaries of such schemes to the Board.

Regulation 6 makes provision as to the method of providing information and as to certain details to be included whenever information is provided by the Board to members or beneficiaries, or by members or beneficiaries to the Board.

The Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005 (S.R. 2005 No. 48 (C. 5)) provides for the coming into operation of Articles 2(5)(a), 172 and 185(1) on 25th February 2005 for the purpose of authorising the making of regulations and on 6th April 2005 for all other purposes.

As these Regulations are made before the end of the period of six months beginning with the coming into operation of the provisions 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.