Part XIIN.I. Supplementary Provisions

InterpretationN.I.

173 Managers of schemes.N.I.

The Department may by regulations [F1provide—

(a)who is to be treated as a manager of an occupational pension scheme for any o f the purposes of the provisions of this Act (except Chapter II of Part VII or section 153), the Social Security Acts (Northern Ireland) 1975 to 1991, F2. . . Part VI of the M1Social Security Administration (Northern Ireland) Act 1992 F3[F4. . .F5. . . [F6, Article 27D of the Matrimonial Causes (Northern Ireland) Order 1978 [F7Part IV or V of the Welfare Reform and Pensions (Northern Ireland) Order 1999 F8...]]]

(b)who is be treated as a trustee of a scheme for the purposes of Chapter I of Part IV, Chapter I of Part IVA, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections 149(2), 154(1) to (5), 158, 159 and 171 [F10or articles 22 [F11to 26] of the Pensions (Northern Ireland) Order 1995.]]]

174 Linked qualifying service.N.I.

(1)Subject to subsections (2) to (4), for the purposes of this Act any period of an earner’s service in an employment is linked qualifying service in relation to a later period of service (whether in the same or another employment) if—

(a)under [F12[F13Chapter 1 or 2 of Part 4ZA] or under the rules of a scheme] applying to him in the earlier period of service—

[F14(i)there was made a transfer of his rights (including any transfer credits allowed) under that scheme, or a transfer payment in respect of those rights, to, or to the trustees or managers of, another scheme applying to him in the later period of service;]

(ii)those rights were secured by a policy of insurance or an annuity contract and were subsequently transferred to another scheme applying to him in the later period of service; [F15or]

[F16(iii)a cash equivalent (within the meaning of [F17Chapter 1 of Part 4ZA]) or cash transfer sum (within the meaning of [F18Chapter 2] of that Part) was paid in respect of him to the trustees or managers of another scheme applying to him in the later period of service; and]

(b)in consequence of the transfer of his accrued rights to the second scheme, [F19or the payment to the trustees or managers of that scheme,] there are (or were) allowed to him transfer credits under the rules of that other scheme.

(2)For any service to be taken into account as linked qualifying service, it must be actual service and no regard shall be had to any scheme rule which provides for service to be treated for any purposes of benefit or otherwise as longer or shorter than it actually was.

(3)Only so much of the earlier period as is a period of service in respect of which there accrued under the first scheme any of the rights transferred to the second scheme shall be linked qualifying service in relation to the later period of service.

(4)For the purposes of Chapter I of Part IV, as respects any case where the rules of the scheme provide—

(a)that an earner is not entitled to become a member unless he satisfies specified conditions, but

(b)that, if he becomes a member, rights are to accrue to him in respect of periods of service before he satisfied any such conditions,

regulations may provide for any such periods to be treated, in such cases and to such extent as may be prescribed, as linked qualifying service with later periods of service.

175 Normal pension age.N.I.

(1)In this Act “normal pension age”, in relation to a scheme and a member’s pensionable service under it, means—

(a)in a case where the scheme provides for the member only a guaranteed minimum pension, the earliest age at which the member is entitled to receive the guaranteed minimum pension on retirement from any employment to which the scheme applies; and

(b)in any other case, the earliest age at which the member is entitled to receive benefits (other than a guaranteed minimum pension) on his retirement from such employment.

(2)For the purposes of subsection (1) any scheme rule making special provision as to early retirement on grounds of ill-health or otherwise is to be disregarded.

[F20175A Insurer and long-term insurance businessN.I.

(1)In this Act “insurer” means—

(a)a person who has permission under [F21Part 4A] of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance, F22...

F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In this Act “long term insurance business” means business which consists of the effecting or carrying out of contracts of long-term insurance.

(3)This section must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

176 General interpretation.N.I.

(1)In this Act—

• F23...

• F24...

• “age”, in relation to any person, shall be construed so that—

  (a)

  he is over or under a particular age if he has or, as the case may be, has not attained that age;

  (b)

  he is between two particular ages if he has attained the first but not the second;

• [F25“appropriate scheme” and “appropriate scheme certificate” are to be construed in accordance with [F26section 3B];]

• “the Assembly” means the Northern Ireland Assembly;

• F27...

• “Category A retirement pension” and “Category B retirement pension” mean the retirement pensions of those descriptions payable under Part II of the M2Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• [F28“civil recovery order” means an order under section 266 of the Proceeds of Crime Act 2002 or an order under section 276 imposing the requirement mentioned in section 277(3).]

• [F29“collective money purchase benefit” has the meaning given by section 52 of the Pension Schemes Act 2021;]

• “contract of service” has the same meaning as in section 121(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• “contracted-out employment” shall be construed in accordance with section 4;

• F30...

• “contracting-out certificate” and references to a contracted-out scheme and to contracting-out shall be construed in accordance with [F31section 3B];

• “contributions equivalent premium” [F32means a premium that was paid under] section [F3351(2)];

• “the Department” means the Department of Health and Social Services for Northern Ireland;

• “the Department of Finance and Personnel” means the Department of Finance and Personnel in Northern Ireland;

• “earner” and “earnings” shall be construed in accordance with [F34section 4(1B) of this Act and] sections 3, 4 and 112 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• “earnings factors” shall be construed in accordance with sections 22 and 23 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• F35...

• F35...

• [F36“employed earner” and “self-employed earner” have the meanings given by section 2 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;]

• “employee” means a person gainfully employed in Northern Ireland either under a contract of service or in an office (including an elective office) with [F37 earnings];

• “employer” means—

  (a)

  in the case of an employed earner employed under a contract of service, his employer;

  (b)

  in the case of an employed earner employed in an office with emoluments—

  (i)

  such person as may be prescribed in relation to that office; or

  (ii)

  if no person is prescribed, the government department, public authority or body of persons responsible for paying the emoluments of the office;

• “employment” includes any trade, business, profession, office or vocation and “employed” shall be construed accordingly except in the expression “employed earner”;

• [F38“Financial Services Compensation Scheme” means the Financial Services Compensation Scheme referred to in section 213(2) of the Financial Services and Markets Act 2000;]

• [F39“the first abolition date” has the meaning given by section 3A;]

• F40...

• F41...

• “government department” includes a department of the government of the United Kingdom;

• “guaranteed minimum pension” has the meaning given in section 4(2);

• [F42“HMRC” means the Commissioners for Her Majesty's Revenue and Customs;]

• “independent trade union” has the meaning given in Article 2(2) of the M3Industrial Relations (Northern Ireland) Order 1992;

• “industrial tribunal” means a tribunal established or having effect as if established under [F43Article 3 of the Industrial Tribunals (Northern Ireland) Order 1996];

• “the Inland Revenue” means the Commissioners of Inland Revenue;

• F44...

• F45...

• “linked qualifying service” has the meaning given in section 174;

• “long-term benefit” has the meaning given in section 20(2) of the M4Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• “lower earnings limit” and “upper earnings limit” shall be construed in accordance with section 5 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and “current”, in relation to those limits, means for the time being in force;

• “minimum contributions” shall be construed in accordance with sections 39 to 41;

• “minimum payment” has the meaning given in section 4(2);

• “modifications” includes additions, omissions and amendments;

• “money purchase benefits”, in relation to a member of a personal or occupational pension scheme or the [F46widow, widower or surviving civil partner] of a member of such a scheme, [F47means—

  (a)

  benefits] the rate or amount of which is calculated by reference to a payment or payments made by the member or by any other person in respect of the member and [F48which fall within section 176B] [F49, and

  (b)

  collective money purchase benefits;]

• [F50“money purchase contracted-out scheme” is to be construed in accordance with [F51section 3B];]

• [F52“money purchase scheme” means a pension scheme under which all the benefits that may be provided are money purchase benefits;]

• “National Insurance Fund” means the Northern Ireland National Insurance Fund;

• “normal pension age” has the meaning given in section 175;

• “occupational pension scheme” has the meaning given in section 1;

• [F53“overseas arrangement” means a scheme or arrangement which—

  (a)

  has effect, or is capable of having effect, so as to provide benefits on termination of employment or on death or retirement to or in respect of earners;

  (b)

  is administered wholly or primarily outside Northern Ireland;

  (c)

  is not an appropriate scheme; and

  (d)

  is not an occupational pension scheme;]

• [F54“pension credit” means a credit under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 or under section 29(1)(b) of the Welfare Reform and Pensions Act 1999;]

• [F55“pension debit” means a debit under Article 26(1)(a) of the Welfare Reform and Pensions (Northern Ireland) Order 1999;]

• [F56“pensionable age”—

  (a)

  so far as any provisions (other than sections 42 to 44) relate to guaranteed minimum pensions, means the age of 65 in the case of a man and the age of 60 in the case of a woman, and

  (b)

  in any other case, has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995;]

  (c)

  “pensionable service” has the meaning given in section 66(2);

• F57...

• F58...

• “personal pension scheme” has the meaning given in section 1;

• “prescribe” means prescribe by regulations;

• F59...

• “the preservation requirements” has the meaning given in section 65(2);

• “primary Class 1 contributions” and “secondary Class 1 contributions” have the same meanings as in section 6 of the M5Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• [F60“the principal appointed day” means 6 April 1997 (which is the day designated as the principal appointed day for the purposes of Part 4 of the Pensions (Northern Ireland) Order 1995);]

• “protected rights” has the meaning given in section 6 [F61, as it had effect immediately prior to the abolition date];

• “public service pension scheme” has the meaning given in section 1;

• F62...

• F62...

• “regulations” means regulations made by the Department under this Act;

• “ the Regulatory Authority” [F63means the Pensions Regulator;

• “resources”, in relation to an occupational pension scheme, means the funds out of which the benefits provided by the scheme are payable from time to time, including the proceeds of any policy of insurance taken out, or annuity contract entered into, for the purposes of the scheme;

• “rights”, in relation to accrued rights (within the meaning of section 69 F64... or 174) or transfer credits, includes rights to benefit and also options to have benefits paid in a particular form or at a particular time;

• F65...

• F66...

• [F39“salary related contracted-out scheme” is to be construed in accordance with section 3B;]

• [F39“the second abolition date” has the meaning given by section 3A;]

• “short service benefit” has the meaning given in section 67(2);

• F67...

• F68...

• “tax week” means one of the successive periods in a tax year beginning with the first day of that year and every seventh day thereafter, the last day of a tax year (or, in a leap year, the last two days) being treated accordingly as a separate tax week;

• “tax year” means the 12 months beginning with 6th April in any year;

• “transfer credits” means rights allowed to an earner under the rules of an occupational pension scheme by reference to [F69—

  (a)

  a transfer to the scheme of, or transfer payment to the trustees or managers of the scheme in respect of, any of his rights (including transfer credits allowed) under another occupational pension scheme or a personal pension scheme, other than rights attributable (directly or indirectly) to a pension credit, or

  (b)

  a cash transfer sum paid under [F70Chapter 2 of Part 4ZA] in respect of him, to the trustees or managers of the scheme;]

• [F71“the upper accrual point” has the meaning given by section 121 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;]

• F72...

• F62...

• “week” means a period of seven days beginning with Sunday;

• [F73“working life” , in relation to a person, means the period beginning with the tax year in which the person attains the age of 16 and ending with —

  (a)

  the tax year before the one in which the person attains the age of 65 in the case of a man or 60 in the case of a woman, or

  (b)

  if earlier, the tax year before the one in which the person dies.]

(2)References to employers in the provisions of this Act (other than sections 119 to 123, 153 [F74and 156] (“the excluded provisions”)) are to be treated, in relation to persons within the application of an occupational pension scheme and qualifying or prospectively qualifying for its benefits, as including references to persons who in relation to them and their employment are treated by regulations as being employers for the purposes of those provisions.

(3)Subject to any such regulations, references to an employer in any of the provisions of this Act (other than the excluded provisions or F75... Chapter I of Part IV, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections F76... 149(2), 154(1) to (5), 158, 159 F77... and 171) shall, in relation to an earner employed in an office with emoluments, be construed as references to—

(a)such person as may be prescribed in relation to that office; or

(b)if no person is prescribed, the government department, public authority or body of persons responsible for paying the emoluments of that office.

(4)Regulations may for any purpose of any provision of this Act (other than the excluded provisions or section F78... F79... F80... F81... 39, F82... 107, 156, 160 or 161) prescribe the persons who are to be regarded as members or prospective members of an occupational pension scheme and as to the times at which and the circumstances in which a person is to be treated as becoming, or as ceasing to be, a member or prospective member.

(5)In sections 161 and 162—

(a)references to the United Kingdom include references to the territorial waters of the United Kingdom; and

(b)references to Northern Ireland include references to the territorial waters of the United Kingdom adjacent to Northern Ireland.

(6)Any reference in section 180 or 181 to an order or regulations under this Act includes a reference to an order or regulations made under any provision of an enactment passed after this Act and directed to be construed as one with it; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and shall be without prejudice to the generality of any such direction.

(7)The M6Interpretation Act (Northern Ireland) 1954 shall apply to this Act—

(a)as it applies to a Measure of the Assembly;

(b)as if any reference in that Act to an enactment or an Act included a reference to this Act.

(8)For the purposes of Part III of the M7Northern Ireland Constitution Act 1973 (validity of Measures of the Assembly, including Orders in Council under the M8Northern Ireland Act 1974), provisions of this Act which re-enact provisions of such an Order are to be treated as provisions of such an Order.]

F83176AInterpretation of references to money purchase contracted-out schemes or appropriate schemes after abolition dateN.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F84176BMoney purchase benefits: supplementaryN.I.

(1)This section applies for the purposes of [F85paragraph (a) of the definition] of “money purchase benefits” in section 176(1).

(2)A benefit other than a pension in payment falls within this section if its rate or amount is calculated solely by reference to assets which (because of the nature of the calculation) must necessarily suffice for the purpose of its provision to or in respect of the member.

(3)A benefit which is a pension in payment falls within this section if—

(a)its provision to or in respect of the member is secured by an annuity contract or insurance policy made or taken out with an insurer, and

(b)at all times before coming into payment the pension was a benefit falling within this section by virtue of subsection (2).

(4)For the purposes of subsection (2) it is immaterial if the calculation of the rate or amount of the benefit includes deductions for administrative expenses or commission.

(5)In this section references to a pension do not include income withdrawal or dependants’ income withdrawal (within the meaning of paragraphs 7 and 21 of Schedule 28 to the Finance Act 2004).]

Subordinate legislation, etc.N.I.

177 Orders and regulations (general provisions).N.I.

(1)[F86Subject to subsection (7)] Any power under this Act to make regulations or orders (except a power of F87. . . the court to make orders F88. . .) and the powers to make rules under sections 145(2) and 148(1) shall be exercisable by statutory rule for the purposes of the M9Statutory Rules (Northern Ireland) Order 1979.

(2)Where a power conferred by this Act is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(3)Any power to make regulations or an order for the purposes of any one provision of this Act shall be without prejudice to any power to make regulations or an order for the purposes of any other provision.

(4)Any power conferred by this Act to make regulations or an order shall include power to make such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations or order to be expedient for the purposes of the regulations or order.

(5)Subsection (4) has effect—

(a)in its application to regulations and orders made under the following provisions, namely Chapter I of Part IV, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections F89. . . 149(2), 154(1) to (5), 158, 159 F90. . . and 171, with the omission of the words “consequential or transitional”; and

(b)in its application to orders made under section 149(8), with the omission of the word “consequential”.

(6)Any power conferred on the Department by this Act to make any regulations or order (except [F91regulations under section 109B or] an order under section 149(8)), where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel, shall if that Department so directs be exercisable only in conjunction with it.

(7)[F92Any power conferred on the Secretary of State to make regulations or orders (other than an order under section 162) is exercisable by statutory instrument, and subsections (2) to (4) and section 178(1) apply to regulations or orders made in exercise of any such power of the Secretary of State as they apply to regulations made by the Department.]

(8)[F93Any power] conferred on the Secretary of State F94. . . to make regulations [F95or orders] shall if the Treasury so direct be exercisable only in conjunction with them.

178 Sub-delegation.N.I.

(1)Without prejudice to any specific provisions in this Act, a power conferred by this Act to make regulations or an order (other than regulations and orders made under Chapter I of Part IV, Part VIII so far as it applies for the purposes of Chapter I of Part IV, sections 132 to 134, 135(2) and (3), 136, 137, 138(1) to (4), 139, 149(2), 154(1) to (5), 158, 159 F96. . . and 171) includes power to provide for a person to exercise a discretion in dealing with any matter.

F97(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Regulations under sections F98... 59(2) [F99and 93(1) [F100, 97AF(1)] and 97I] may provide that the values there mentioned shall be calculated and verified F101. . .—

(a)in such manner as may, in the particular case, be approved—

(i)by a prescribed person;

(ii)by a person with prescribed professional qualifications or experience; or

(iii)by a person approved by the Department; or

(b)in accordance with guidance prepared [F102and revised] by a prescribed body;

F103. . .

F104179

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

180 Consultations about other regulations.N.I.

(1)The power of the Department to make regulations under section 158 shall be exercisable only after consultation with the [F105[F106appropriate regulator] or, if the matter concerns section 464 of the Income and Corporation Taxes Act 1988, the Commissioners of the Inland Revenue]

[F107(1A)“The appropriate regulator” means—

(a)where the group insurance business to which the regulations relate consists only of activities which are PRA-regulated activities, the Prudential Regulation Authority,

(b)where the group insurance business to which the regulations relate consists partly of activities which are PRA-regulated activities and partly of other regulated activities, the Prudential Regulation Authority and the Financial Conduct Authority, or

(c)in any other case, the Financial Conduct Authority.

(1B)In subsection (1A) “regulated activities” and “PRA-regulated activities” have the same meaning as in the Financial Services and Markets Act 2000.]

F108(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

181 Assembly, etc. control of regulations and orders.N.I.

(1)The regulations and orders to which this subsection applies shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations or order, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations or a new order) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have, or the order has, been approved by a resolution of the Assembly.

(2)Subsection (1) applies to regulations made by the Department under section [F10920B(5)][F110, 95(2)(c), 95A(2)(b)], 60(1) [F111or 164(2)] and to orders made by it under section 149(8) [F112 and to regulations made by the Department of Finance and Personnel under section 93A(10)] .

(3)Subsection (1) does not apply to—

(a)regulations under any provision mentioned in subsection (2) which are to be made for the purpose of consolidating regulations thereby revoked;

(b)regulations which, in so far as they are made under any provision mentioned in subsection (2), only replace provisions of previous regulations with new provisions to the same effect.

(4)Subject to subsection (6), all regulations and orders made by the Department under this Act (other than regulations or orders to which subsection (1) applies and orders made under section 186) [F113and regulations made by the Department of Finance and Personnel under section 91 or 93B shall] be subject to negative resolution.

(5)This subsection applies to any regulations or order made under this Act which—

(a)but for subsection (6), would be subject to negative resolution, and

(b)are or is contained in a statutory rule which includes any regulations or order subject to the confirmatory procedure.

(6)Any regulations or order to which subsection (5) applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.

(7)Subject to subsection (9), regulations made under this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)This subsection applies to any regulations made under this Act which—

(a)but for subsection (9), would be subject to annulment in pursuance of a resolution of either House of Parliament, and

(b)are contained in an instrument which is subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament.

(9)Any regulations to which subsection (8) applies shall not be subject as mentioned in subsection (8)(a), but shall be subject to the procedure described in subsection (8)(b).

[F114(9A)A statutory instrument containing provision under section 38, 38B or 41A shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.]

(10)In this section “the confirmatory procedure” means the procedure described in subsection (1).

Supplemental provisionsN.I.

182 Repeals.N.I.

(1)The enactments specified in Parts I and II of Schedule 4 are repealed to the extent specified in the third column.

(2)The subordinate legislation specified in Part III of that Schedule is revoked to the extent specified in the third column.

(3)The repeals and revocations have effect subject to any relevant savings in Schedule 5.

183 Transitional provisions and savings.N.I.

(1)Schedule 5 (which makes transitional provision and contains savings in connection with the repeals and revocations made by this Act) shall have effect.

(2)Nothing in that Schedule affects the operation of section 28 of the M10Interpretation Act (Northern Ireland) 1954 (general savings implied on repeal).

184 Prospective and c183.onsequential amendments.N.I.

Schedule 6 (which re-enacts or makes consequential amendments of provisions which make prospective amendments of enactments including those repealed by this Act, so that the re-enacted or amended provisions prospectively amend this Act and other enactments) and Schedule 7 (which makes other consequential amendments) shall have effect, subject to any relevant transitional provisions in Schedule 5.

185 Transitory modifications.N.I.

Schedule 8 (which makes transitory modifications of this Act pending the commencement of the provisions there mentioned) shall have effect.

186 Short title, commencement and extent.N.I.

(1)This Act may be cited as the Pension Schemes (Northern Ireland) Act 1993.

(2)Subject to the provisions of Schedule 8, this Act shall come into operation on such day as the Department may by order appoint.

(3)As respects the coming into operation of—

(a)Part II of Schedule 4 and section 182(1) so far as it relates to it; or

(b)Schedule 6 and section 184 so far as it relates to it,

an order under subsection (2) may appoint different days from the day appointed for the other provisions of this Act or different days for different purposes.

(4)Subject to subsection (5), this Act extends to Northern Ireland only.

(5)The amendments in Schedule 7 of provisions of the M11Income and Corporation Taxes Act 1988 and the M12Finance Act 1989 have the same extent as the provisions amended.