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The Pensions (2005 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005

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Statutory Rules of Northern Ireland

2005 No. 166 (C. 12)

PENSIONS

The Pensions (2005 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005

Made

24th March 2005

The Department for Social Development, in exercise of the powers conferred on it by Articles 1(2) and (6) and 287(3) of the Pensions (Northern Ireland) Order 2005(1) and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Pensions (2005 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005.

(2) In this Order –

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

“the Authority” means the Occupational Pensions Regulatory Authority.

Appointed days

2.—(1) The day appointed for the coming into operation of Article 7 of the Order (functions exercisable by the Determinations Panel), in so far as not already brought into operation, and of Schedule 2 to the Order (the reserved regulatory functions), is 6th April 2005.

(2) The day appointed for the coming into operation of Article 249 of the Order (debt due from the employer in the case of multi-employer schemes) is 25th March 2005.

(3) The day appointed for the coming into operation of Articles 255 and 257 of the Order (annual increase in rate of certain occupational and personal pensions), for the purpose only of authorising the making of regulations, is 25th March 2005.

(4) The day appointed for the coming into operation of paragraph 2 of Schedule 1 to the Order (Pensions Regulator – delegation) and paragraph 60(b) of Schedule 10 to the Order (application of further provisions to money purchase schemes), for the purpose only of authorising the making of regulations, is 25th March 2005 and for all other purposes is 6th April 2005.

(5) The day appointed for the coming into operation of Schedule 11 to the Order (repeals) in so far as it relates to the repeal of paragraph 1(2)(a) of Schedule 1 to the Welfare Reform and Pensions (Northern Ireland) Order 1999(2) and Article 291 of the Order, in so far as it relates to that provision, is 1st April 2005.

(6) The day appointed for the coming into operation of the provisions set out in Schedule 1 is 6th April 2005.

Transitional modification of Article 7 of the Order

3.  Article 7 of the Order (functions exercisable by the Determinations Panel) shall, for the purposes of Article 4(6)(b) and (c) of this Order, be modified so that it shall have effect as if, after paragraph (4), there were inserted the following paragraph –

(4A) For the purposes of this Part, a function conferred on the Occupational Pensions Regulatory Authority (“OPRA”) by or by virtue of the 1995 Order relating to –

(a)the review, under Article 94 of the 1995 Order (review of decisions), of a determination made by OPRA before 6th April 2005 (“the appointed day”) of a question falling within OPRA’s functions, or

(b)the reference for a decision by the court, under Article 95 of the 1995 Order (references and appeals from the Authority), of any matter arising for determination by OPRA before the appointed day or of any matter arising before that day on –

(i)an application for a review of a determination, or

(ii)a review entered upon by OPRA without an application,

shall, where that function falls to be exercised by or in relation to the Regulator on or after the appointed day, also be a reserved regulatory function..

Transitional provisions

4.—(1) In this Article “function of the Authority” means a function of the Authority which is transferred to the Regulator under Article 6(1) of the Order (transfer of OPRA’s functions to the Regulator) on 6th April 2005 (“the appointed day”).

(2) Anything done (or having effect as if done) by or in relation to the Authority before the appointed day pursuant to, or for the purposes of, any function of the Authority shall, so far as is required for continuing its effect, have effect as if done by or in relation to the Regulator pursuant to, or for the purposes of, that function.

(3) Subject to paragraph (5), anything which, immediately before the appointed day, is in the process of being done by or in relation to the Authority pursuant to, or for the purposes of, any function of the Authority shall be continued by or in relation to the Regulator pursuant to, or for the purposes of, that function.

(4) Any reference to the Authority in any document constituting or relating to anything to which paragraph (2) or (3) applies in relation to any function of the Authority shall, so far as is required for giving effect to those provisions, be construed as a reference to the Regulator.

(5) Where any function of the Authority described in paragraph (6) would fall to be exercised on or after the appointed day, or fell to be exercised before the appointed day but has not been exercised, that function shall be exercised by the Regulator as if it were a function of the Regulator conferred on it under or by virtue of the Order.

(6) The functions of the Authority to which paragraph (5) refers are –

(a)the investigation of any matter falling within the Authority’s functions where the matter under investigation occurred, or first occurred, before the appointed day,

(b)the review, under Article 94 of the 1995 Order, of a determination made by the Authority before the appointed day of a question falling within the Authority’s functions, and

(c)the reference for a decision by the court, under Article 95 of the 1995 Order, of any matter arising for determination by the Authority before the appointed day or of any matter arising before that day on an application for a review of a determination or on a review entered upon by the Authority without an application.

(7) Schedule 2, which makes further transitional provision, has effect.

Savings

5.  Subject to the transitional provisions in Schedule 2, the statutory provisions that are specified in the table in Schedule 3 shall, so far as is required for the purpose of giving effect to Article 4(3), continue to have effect as they were in operation immediately before their amendment by any of the provisions of Part II of, and Schedule 10 to, the Order.

Sealed with the Official Seal of the Department for Social Development on 24th March 2005.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

Article 2(6)

SCHEDULE 1PROVISIONS OF THE ORDER COMING INTO OPERATION ON 6th APRIL 2005

Provisions of the OrderSubject matter
Schedule 10, paragraphs 4, 29 to 38, 40(b), 41, 53, 54, 60 in so far as not already brought into operation, 61 and 62, 67, 71(1) and (3) and Article 290(1) in so far as it relates to those paragraphsConsequential amendments

Schedule 11, in so far as it relates to specified repeals in relation to –

  • the Pension Schemes (Northern Ireland) Act 1993, sections 2, 95(6), 97J(3), 125, 164A and 176 except the definition of “voluntary contributions requirements” in subsection (1);

  • the Pensions (Northern Ireland) Order 1995, Articles 5, 7(1) and (4), 10(5)(a), 11(3), 13, 22(1)(b), 25(2), 26A to 26C, 28(4), 29, 30, 30A, 31, 48, 72A(9), 72C(2), and 94 to 112 and paragraph 13 of Schedule 1;

  • the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999, paragraphs 81 and 82 of Schedule 1;

  • the Welfare Reform and Pensions (Northern Ireland) Order 1999, Articles 4(5), 6, 7 and 35(1), and paragraphs 1(2)(b)(i) and (xi) to (xiii), 2 and 3 of Schedule 1, paragraph 7 of Schedule 2 and paragraphs 44 and 49 of Schedule 9;

  • the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, section 43 and paragraph 8 of Schedule 5;

and Article 291 in so far as it relates to those provisions.

Repeals

Article 4(7)

SCHEDULE 2FURTHER TRANSITIONAL PROVISIONS

Transitional provisions relating to section 170 of the Pension Schemes Act

1.  Section 170 of the Pension Schemes Act(3) (levies towards certain expenditure) shall be modified so that it shall have effect as if for “be recoverable by the Registrar” in subsection (8) there were substituted “be recoverable by the Regulatory Authority”.

Transitional provisions relating to Article 94 of the 1995 Order

2.  Article 94 of the 1995 Order (review of decisions) shall be modified so that it shall have effect as if –

(a)for “any determination of theirs” in paragraph (2) there were substituted “any determination of the Occupational Pensions Regulatory Authority”, and

(b)for “any other such determination of theirs” in paragraph (3)(a) there were substituted “any other such determination of the Occupational Pensions Regulatory Authority”.

Transitional provisions relating to Article 95 of the 1995 Order

3.  Article 95 of the 1995 Order (references and appeals from the Authority) shall be modified so that it shall have effect as if for “the Authority” in each place where it appears in paragraphs (1) to (4) and (7) there were substituted “the Determinations Panel of the Pensions Regulator”.

Transitional provisions relating to Article 101 of the 1995 Order

4.  Article 101 of the 1995 Order (publishing reports) shall be modified so that it shall have effect as if for “any investigation under this Part” there were substituted “any investigation by the Occupational Pensions Regulatory Authority under this Part”.

Article 5

SCHEDULE 3PROVISIONS REFERRED TO IN ARTICLE 5 WHICH ARE TO CONTINUE TO HAVE EFFECT AS THEY WERE IN OPERATION IMMEDIATELY BEFORE THEIR AMENDMENT OR REPEAL BY THE ORDER.

Statutory ProvisionsSubject matter
The Pension Schemes (Northern Ireland) Act 1993
Section 170Levies towards certain expenditure
The Pensions (Northern Ireland) Order 1995
Article 3Prohibition orders
Article 4Suspension orders
Article 8Appointment of trustees: consequences
Article 11Powers to wind up schemes
Article 72BDirections by Authority for facilitating wind up
Article 94Review of decisions
Article 95References and appeals from the Authority
Article 96Provision of information: the Authority
Article 97Inspection of premises: the Authority
Article 98Warrants
Article 99Information and inspection: penalties
Article 100Savings for certain privileges, etc.
Article 101Publishing reports: the Authority

Explanatory Note

(This note is not part of the Order.)

This Order makes further provision for the coming into operation of the Pensions (Northern Ireland) Order 2005 (“the Order”).

Article 1 provides for citation and interpretation.

Article 2 provides that the day appointed for the coming into operation of Article 7 of the Order is 6th April 2005 except in so far as any part of that provision has already been brought into operation before that day. It further provides that the day appointed for the coming into operation of Article 249 of the Order is 25th March 2005 and that the day appointed for the coming into operation of Articles 255 and 257 of the Order, for the purpose only of authorising the making of regulations, is 25th March 2005. It also provides that the day appointed for the coming into operation of paragraph 2 of Schedule 1 and paragraph 60(b) of Schedule 10 to the Order is, 25th March 2005, for the purpose only of authorising the making of regulations, and, 6th April 2005 for all other purposes. Article 2 also brings a repeal into operation on 1st April 2005 and gives effect to the Schedule which sets out various consequential amendments and repeals coming into operation on 6th April 2005.

Article 3 modifies Article 7 of the Order (functions exercisable by the Determinations Panel) by inserting paragraph (4A) into that Article. Paragraph (4A) provides that any function conferred on the Occupational Pensions Regulatory Authority (“the Authority”) by Article 94 or 95 of the Pensions (Northern Ireland) Order 1995 (“the 1995 Order”) which is exercised by the Regulator on or after 6th April 2005 is also a reserved regulatory function for the purposes of Part II of the Order. Article 94 of the 1995 Order makes provision in respect of the review of decisions of the Authority. Article 95 of the 1995 Order makes provision for the reference by the Authority to the High Court of questions of fact arising in connection with any matter under Part II of the 1995 Order or on an application to the Authority for a review of a determination or on a review entered into by the Authority without an application.

Article 4 makes various transitional provisions the purpose of which is to enable the Regulator to continue dealing with any matters that were being dealt with by the Authority before 6th April 2005 (“the appointed day”) but which have not been concluded by the Authority before that day. It also enables the effect of anything done by or in relation to the Authority before the appointed day to continue on or after that day. Article 4 also provides that certain specified functions of the Authority which fall to be exercised by the Authority on or after the appointed day, or which fell to be exercised by the Authority before the appointed day but have not been exercised, shall be exercised by the Regulator as if they were functions conferred on the Regulator under, or by virtue of, the Order. Article 4 also enacts Schedule 2 which makes further transitional provisions.

Article 5 provides that the provisions that are specified in the table in Schedule 3 shall continue to have effect for particular purposes as in operation immediately before the appointed day.

Note as to Earlier Commencement Orders

(This note is not part of the Order.)

The following provisions of the Pensions (Northern Ireland) Order 2005 have been brought into operation by the Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005 on the dates shown.

ProvisionDate of CommencementS.R. No.
Article 2 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Article 3 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Article 4 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Article 525th February 20052005 No. 48 (C. 5)
Article 66th April 20052005 No. 48 (C. 5)
Article 7 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Article 8 (partially)25th February 20052005 No. 48 (C. 5)
Articles 9 to 136th April 20052005 No. 48 (C. 5)
Article 14 (partially)6th April 20052005 No. 48 (C. 5)
Article 15 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 16 (partially)6th April 20052005 No. 48 (C. 5)
Article 17 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 186th April 20052005 No. 48 (C. 5)
Article 19 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 20 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Articles 21 to 256th April 20052005 No. 48 (C. 5)
Article 26 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Articles 27 to 316th April 20052005 No. 48 (C. 5)
Article 32 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 336th April 20052005 No. 48 (C. 5)
Article 34 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Articles 35 and 366th April 20052005 No. 48 (C. 5)
Article 37 (partially)6th April 20052005 No. 48 (C. 5)
Article 38 (partially)6th April 20052005 No. 48 (C. 5)
Article 39 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Articles 40 and 41 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 426th April 20052005 No. 48 (C. 5)
Article 43 (partially)6th April 20052005 No. 48 (C. 5)
Articles 44 and 456th April 20052005 No. 48 (C. 5)
Article 46 (partially)6th April 20052005 No. 48 (C. 5)
Article 476th April 20052005 No. 48 (C. 5)
Article 48 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Articles 49 to 526th April 20052005 No. 48 (C. 5)
Article 53 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 546th April 20052005 No. 48 (C. 5)
Article 55 (partially)25th February 20052005 No. 48 (C. 5)
(partially)1st April 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 56 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Articles 57 to 636th April 20052005 No. 48 (C. 5)
Article 64 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Articles 65 to 806th April 20052005 No. 48 (C. 5)
Article 81 (partially)6th April 20052005 No. 48 (C. 5)
Articles 82 to 846th April 20052005 No. 48 (C. 5)
Article 85 (partially)6th April 20052005 No. 48 (C. 5)
Article 86 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 876th April 20052005 No. 48 (C. 5)
Article 88 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 896th April 20052005 No. 48 (C. 5)
Article 90 (partially)6th April 20052005 No. 48 (C. 5)
Article 91 (partially)6th April 20052005 No. 48 (C. 5)
Article 92 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Articles 93 to 956th April 20052005 No. 48 (C. 5)
Article 96 (partially)6th April 20052005 No. 48 (C. 5)
Article 97 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 98 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 996th April 20052005 No. 48 (C. 5)
Article 101 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Article 103 (partially)25th February 20052005 No. 48 (C. 5)
(partially)1st April 20052005 No. 48 (C. 5)
Article 104 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 105 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Articles 106 and 107 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 1086th April 20052005 No. 48 (C. 5)
Article 109 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 110 (partially)25th February 20052005 No. 48 (C. 5)
(partially)8th March 20052005 No. 48 (C. 5)
(partially)1st April 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Articles 111 and 1126th April 20052005 No. 48 (C. 5)
Articles 113 and 114 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 1156th April 20052005 No. 48 (C. 5)
Article 116 (partially)6th April 20052005 No. 48 (C. 5)
Article 117 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 118 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Article 119 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Articles 120 and 1216th April 20052005 No. 48 (C. 5)
Article 122 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Articles 123 to 125 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 1266th April 20052005 No. 48 (C. 5)
Article 127 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 1286th April 20052005 No. 48 (C. 5)
Articles 129 to 132 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 1336th April 20052005 No. 48 (C. 5)
Article 134 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Article 135 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Article 136 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 138 (partially)6th April 20052005 No. 48 (C. 5)
Article 144 (partially)6th April 20052005 No. 48 (C. 5)
Article 145 (partially)6th April 20052005 No. 48 (C. 5)
Article 146 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 151 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 156 (partially)6th April 20052005 No. 48 (C. 5)
Article 157 (partially)25th February 20052005 No. 48 (C. 5)
(partially)1st April 20052005 No. 48 (C. 5)
Article 158 (partially)6th April 20052005 No. 48 (C. 5)
Article 162 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Article 164 (partially)25th February 20052005 No. 48 (C. 5)
(partially)1st April 20052005 No. 48 (C. 5)
Article 171 (partially)25th February 20052005 No. 48 (C. 5)
(partially)1st April 20052005 No. 48 (C. 5)
Article 172 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 17325th February 20052005 No. 48 (C. 5)
Article 1746th April 20052005 No. 48 (C. 5)
Article 175 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Articles 176 to 1846th April 20052005 No. 48 (C. 5)
Article 185 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 186 (partially)6th April 20052005 No. 48 (C. 5)
Article 1876th April 20052005 No. 48 (C. 5)
Article 188 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Articles 189 to 190 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 191 (partially)25th February 20052005 No. 48 (C. 5)
(partially)1st April 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Article 1986th April 20052005 No. 48 (C. 5)
Article 2346th April 20052005 No. 48 (C. 5)
Article 235 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 2406th April 20052005 No. 48 (C. 5)
Articles 242 and 2436th April 20052005 No. 48 (C. 5)
Articles 247 and 248 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Articles 252 and 2536th April 20052005 No. 48 (C. 5)
Article 25425th February 20052005 No. 48 (C. 5)
Articles 255 to 2576th April 20052005 No. 48 (C. 5)
Article 2596th April 20052005 No. 48 (C. 5)
Article 2626th April 20052005 No. 48 (C. 5)
Article 274 (partially)6th April 20052005 No. 48 (C. 5)
Article 2756th April 20052005 No. 48 (C. 5)
Article 280 (partially)25th February 20052005 No. 48 (C. 5)
(partially)8th March 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Article 290 (partially)25th February 20052005 No. 48 (C. 5)
(partially)1st April 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Article 291 (partially)1st April 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Schedule 1 (partially)25th February 20052005 No. 48 (C. 5)
(partially)1st April 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Schedule 36th April 20052005 No. 48 (C. 5)
Schedule 4 (partially)25th February 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Schedule 6 (partially)25th February 20052005 No. 48 (C. 5)
6th April 20052005 No. 48 (C. 5)
Schedule 76th April 20052005 No. 48 (C. 5)
Schedule 8 (partially)6th April 20052005 No. 48 (C. 5)
Schedule 10 (partially)25th February 20052005 No. 48 (C. 5)
(partially)1st April 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
Schedule 11 (partially)25th February 20052005 No. 48 (C. 5)
(partially)1st April 20052005 No. 48 (C. 5)
(partially)6th April 20052005 No. 48 (C. 5)
(3)

Section 170 was substituted by Article 161 of the Pensions (Northern Ireland) Order 1995

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