Citation and interpretation

1.—(1) This Order may be cited as the Pensions (2005 Order) (Commencement No. 7) Order (Northern Ireland) 2005.

(2) In this Order—

“the Order” means the Pensions (Northern Ireland) Order 2005 and any reference to a numbered Article is a reference to the Article of the Order bearing that number;

“pay-as-you-go scheme” means an occupational pension scheme under which there is no requirement for assets to be set aside in advance for the purpose of providing benefits under the scheme (disregarding any requirements relating to additional voluntary contributions).

Appointed days

2.—(1) Subject to Article 3 of this Order, the day appointed for the coming into operation of the provisions of the Order specified in Part 1 of the Schedule—

(a)for the purpose only of authorising the making of regulations, is 6th December 2005, and

(b)for all other purposes, is 30th December 2005.

(2) The day appointed for the coming into operation of the provisions of the Order specified in Part 2 of the Schedule is 9th December 2005.

(3) The day appointed for the coming into operation of the provisions of the Order specified in Part 3 of the Schedule is 1st January 2006.

(4) The day appointed for the coming into operation of the provisions of the Order specified in Part 4 of the Schedule—

(a)for the purpose only of authorising the making of regulations, is 1st January 2006, and

(b)for all other purposes, is 1st April 2006.

(5) The day appointed for the coming into operation of the provisions of the Order specified in Part 5 of the Schedule—

(a)for the purpose only of authorising the making of regulations, is 1st January 2006, and

(b)for all other purposes, is 6th April 2006.

(6) The day appointed for the coming into operation of the provisions of the Order specified in Part 6 of the Schedule is 6th April 2006.

Appointed day for the coming into operation of Article 263 in relation to pre-23rd September schemes

3.—(1) This Article applies to a scheme which is a pre-23rd September 2005 scheme.

(2) Where in relation to a pre-23rd September 2005 scheme—

(a)both an application for authorisation under Article 264 (general authorisation to accept contributions from European employers) and an application for approval under Article 265 (approval in relation to particular European employer) have been made on or before 29th March 2006, the day appointed for the commencement of Article 263 (occupational pension scheme receiving contributions from European employer) is the day after the expiry of the period of five months beginning with the application date;

(b)such applications have not been made on or before 29th March 2006, the day appointed for the commencement of Article 263 is 30th March 2006.

(3) In this Article—

“application date” means—

“pre-23rd September 2005 scheme” means an occupational pension scheme—

Article 2

SCHEDULE

PART 1PROVISIONS OF THE ORDER COMING INTO OPERATION ON 6th DECEMBER 2005 FOR THE PURPOSE ONLY OF AUTHORISING THE MAKING OF REGULATIONS, AND ON 30th DECEMBER 2005 FOR ALL OTHER PURPOSES

PART 2PROVISIONS OF THE ORDER COMING INTO OPERATION ON 9th DECEMBER 2005

PART 3PROVISIONS OF THE ORDER COMING INTO OPERATION ON 1st JANUARY 2006

PART 4PROVISIONS OF THE ORDER COMING INTO OPERATION ON 1st JANUARY 2006 FOR THE PURPOSE ONLY OF AUTHORISING THE MAKING OF REGULATIONS, AND ON 1st APRIL 2006 FOR ALL OTHER PURPOSES

PART 5PROVISIONS OF THE ORDER COMING INTO OPERATION ON 1st JANUARY 2006 FOR THE PURPOSE ONLY OF AUTHORISING THE MAKING OF REGULATIONS, AND ON 6th APRIL 2006 FOR ALL OTHER PURPOSES

PART 6PROVISIONS OF THE ORDER COMING INTO OPERATION ON 6th APRIL 2006

Explanatory Note

(This note is not part of the Order)

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

• Articles 200 to 212, 221 to 223, 263 to 271 (in part), 279 (in part) and 287 (remainder), paragraphs 43, 45, 46, 69, 70 (in part) and 71 (remainder) of Schedule 10 and Schedule 11 (in part), for the purpose only of authorising the making of regulations, on 6th December 2005, and for all other purposes, on 30th December 2005;

• Articles 101 (in part), 158 (in part), 160 (in part), 161, 163 (in part) and 164 (in part), paragraphs 39, 40 (remainder), 44, 48, 49 and 70 (in part) of Schedule 10 and Schedule 11 (in part), on 9th December 2005;

• Articles 152 (in part) and 199 and paragraphs 1 and 3 of Schedule 10, on 1st January 2006;

• Article 171 (in part), for the purpose only of authorising the making of regulations, on 1st January 2006, and for all other purposes, on 1st April 2006;

• Articles 145 (in part), 147 (in part), 150 (in part), 154, 155, 230, 236 to 238 and 241 and paragraph 14 of Schedule 10, for the purpose only of authorising the making of regulations, on 1st January 2006, and for all other purposes, on 6th April 2006;

• Article 145 (in part), Schedule 5, paragraphs 8, 9, 25 to 27, 47, 50 (remainder), 56(in part), 57(in part) and 63 of Schedule 10 and Schedule 11 (in part), on 6th April 2006.

This Order also appoints the day for the coming into operation of Article 263 of the Order in relation to pre-23rd September 2005 schemes—

• in the case of a scheme where an application for authorisation and an application for approval have been made on or before 29th March 2006, as the day after the expiry of the period of five months beginning with the application date;

• where such applications have not been made on or before 29th March 2006, as 30th March 2006.

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, the Pensions (2005 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005, the Pensions (2005 Order) (Commencement No. 3, Appointed Day, Transitional Provisions and Amendment) Order (Northern Ireland) 2005, the Pensions (2005 Order) (Commencement No. 4) Order (Northern Ireland) 2005, the Pensions (2005 Order) (Commencement No. 5 and Appointed Day) Order (Northern Ireland) 2005 and the Pensions (2005 Order) (Commencement No. 6) Order (Northern Ireland) 2005 on the dates shown.