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The Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019

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Amendment of the Pension Schemes (Northern Ireland) Act 1993

This section has no associated Explanatory Memorandum

2.—(1) The Pension Schemes (Northern Ireland) Act 1993(1) is amended as follows.

(2) In section 1 (categories of pension schemes)(2), in subsection (1), in the definition of “occupational pension scheme”(3) omit paragraph (b) and the “and” before it, but not the “or” following it.

(3) In section 15 (discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts)(4), in subsection (4)(a)(i) omit “or any other EEA state”.

(4) In section 145 (procedure on an investigation)(5), in subsection (6)—

(a)in paragraph (k), omit “, EEA central counterparty” and “, EEA CSD”;

(b)in paragraph (m)(6), omit “other than the United Kingdom”.

(5) In section 154A (other disclosures by the Department)(7), in the table in subsection (1), in the entry beginning “A recognised investment exchange”—

(a)in column 1 omit “, EEA central counterparty” and “, EEA CSD”;

(b)in column 2, for the words from “or central securities depository” to the end of the entry substitute “, central securities depository or central counterparty”.

(6) In section 161 (application of certain provisions to cases with foreign element)(8), in subsection (6), for “territory of the member States” substitute “United Kingdom”.

(7) In section 175A (insurer and long-term insurance business)(9), in subsection (1) omit paragraph (b) and the “or” before it.

(8) In section 176(1) (general interpretation)(10), omit the definitions of “EEA agreement” and “EEA state”(11).

(2)

Section 1 was amended by Article 216(2) and (3) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)) and regulation 2(2) of S.R. 2007 No. 457.

(3)

The definition of “occupational pension scheme” was substituted by Article 216(3) of the Pensions (Northern Ireland) Order 2005 and amended by regulation 2(2) of S.R. 2007 No. 457.

(4)

Section 15(4)(a) was amended by Article 129(2) of S.I. 2001/3649 and regulation 2(3) of S.R. 2007 No. 457.

(5)

Section 145(6) was amended by paragraph 20(b) of Schedule 10 to the Pensions (Northern Ireland) Order 2005, regulation 22(2) of S.I. 2013/504 and paragraph 8(2) of the Schedule to S.I. 2017/1064; there are other amendments but none is relevant.

(6)

Paragraph (m) was added by paragraph 20(b) of Schedule 10 to the Pensions (Northern Ireland) Order 2005.

(7)

Section 154A was inserted by paragraph 9 of Schedule 4 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) and amended by paragraph 21 of Schedule 10 to the Pensions (Northern Ireland) Order 2005 and paragraph 8(3) of the Schedule to S.I. 2017/1064; there are other amendments but none is relevant.

(8)

Section 161(6)(a) was amended by section 41(5)(a) of the Pensions Act (Northern Ireland) 2015 (c. 5 (N.I.)).

(9)

Section 175A was inserted by Article 137(1) of S.I. 2001/3649.

(10)

Section 176(1) was amended by regulation 2(5) of S.R. 2007 No. 457; there are other amendments but none is relevant.

(11)

The definitions of “EEA agreement” and “EEA state” were inserted by regulation 2(5) of S.R. 2007 No. 457.

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