SCHEDULES

SCHEDULE 1AMENDMENTS

The Pensions (Northern Ireland) Order 2005 (NI 1)

12

The Pensions (Northern Ireland) Order 2005 is amended as follows.

13

In Article 2(2) (interpretation)—

a

after the definition of “enactment” insert—

“First-tier Tribunal” and “Upper Tribunal” mean those tribunals established under section 3 of the Tribunals, Courts and Enforcement Act 2007;

b

after the definition of “statutory provision” insert—

“Tribunal Procedure Rules” has the same meaning as in the Tribunals, Courts and Enforcement Act 2007.

c

omit the definition of “the Tribunal”.

14

In Article 91 (standard procedure)—

a

in paragraph (5)(a) omit “(see Article 97(1))”; and

b

at the end add—

7

In this Article “the Tribunal”, in relation to any reference under paragraph (3), means—

a

the First-tier Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the First-tier Tribunal is to hear the reference;

b

the Upper Tribunal, in any other case.

15

In Article 94 (compulsory review)—

a

in paragraph (8)(a) omit “(see Article 97(1))”; and

b

at the end add—

13

In this Article “the Tribunal”, in relation to any reference under paragraph (7), means—

a

the First-tier Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the First-tier Tribunal is to hear the reference;

b

the Upper Tribunal, in any other case.

16

For the cross-heading preceding Article 97 (the Pensions Regulator Tribunal) substitute “ References to a tribunal ”.

17

Before Article 97 insert—

Offences

96A

1

This Article applies in respect of proceedings before a tribunal in relation to a decision of the Regulator.

2

A person is guilty of an offence if that person, without reasonable excuse, refuses or fails—

a

to attend following the issue of a summons by the tribunal, or

b

to give evidence.

3

A person guilty of an offence under paragraph (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

4

A person is guilty of an offence if that person, without reasonable excuse—

a

alters, suppresses, conceals or destroys a document which that person is or is liable to be required to produce for the purposes of proceedings before the tribunal, or

b

refuses to produce a document when so required.

5

A person guilty of an offence under paragraph (4) is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

6

In this Article “document” includes information recorded in any form and, in relation to information recorded otherwise than in a legible form, references to its production include references to producing a copy of the information in a legible form, or in a form from which it can readily be produced in a legible form.

18

In Article 97 (references to the Tribunal)—

a

in the heading for “to the Tribunal” substitute “ in relation to decisions of the Regulator ”;

b

omit paragraphs (1) to (2);

c

after paragraph (2) insert—

2A

This Article applies to references to a tribunal in relation to a decision of the Regulator.

d

in paragraph (3) for “the Tribunal” substitute “ the tribunal concerned ”;

e

in paragraphs (4) and (5)—

i

for “the Tribunal” (in the first place) substitute “ the tribunal concerned ”; and

ii

for “the Tribunal” (in the second place) substitute “ it ”; and

f

in paragraphs (6)(d) and (7) to (9) for “Tribunal” substitute “ tribunal concerned ”.

19

Omit Article 98 (appeal on a point of law).

20

Omit Article 99 (redetermination etc. by the Tribunal).

21

In Article 282(4) (admissibility of statements) after paragraph (n) of the definition of “information requirement” add—

o

Tribunal Procedure Rules so far as applying to decisions of the Regulator;

22

In paragraph 44(b)(ii) of Schedule 2 (the reserved regulatory functions - functions under this Order) for “the Tribunal” substitute “ a tribunal ”.

23

In Schedule 3 (restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions) after the entry for the Pensions Regulator Tribunal insert—

The First-tier Tribunal.

Functions relating to decisions of the Regulator.

The Upper Tribunal.

Functions relating to decisions of the Regulator.

24

In Schedule 7 (restricted information held by the Board: certain permitted disclosures to facilitate exercise of functions) after the entry for the Pensions Regulator Tribunal insert—

The First-tier Tribunal.

Functions relating to decisions of the Regulator.

The Upper Tribunal.

Functions relating to decisions of the Regulator.