2005 No. 543 (C. 37)
The Pensions (2005 Order) (Commencement No. 7) Order (Northern Ireland) 2005
Made
The Department for Social Development, in exercise of the powers conferred on it by Article 1(2) of the Pensions (Northern Ireland) Order 20051 and of all other powers enabling it in that behalf, hereby makes the following Order:
Citation and interpretation1
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 days2
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 schemes3
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—
- a
the date on which the trustees or managers of the relevant pre-23rd September 2005 scheme make both an application for authorisation and an application for approval under Articles 264 and 265, or
- b
where those applications are not made on the same day, the date on which the last of those applications is made;
- a
“pre-23rd September 2005 scheme” means an occupational pension scheme—
- a
which—
- i
has its main administration in the United Kingdom, and
- ii
is not a pay-as-you-go scheme, and
- i
- b
in relation to which—
- i
the trustees or managers were accepting contributions on 22nd September 2005 from any person who, had Article 263(6) been in operation at that date, would have been a European employer, or
- ii
any such person was under a liability to pay contributions to the trustees or managers on 22nd September 2005.
- i
- a
Sealed with the Official Seal of the Department for Social Development on 5th December 2005.
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
Provisions of the Order | Subject matter |
---|---|
Articles 200 to 212 | Scheme funding |
Articles 221 to 223 | Investment principles, power to make regulations governing investment by trustees and borrowing by trustees |
Articles 263 to 271, in so far as they relate to an occupational pension scheme with its main administration in the United Kingdom which is not a pay-as-you-go scheme | Cross-border activities within European Union |
Article 279(2)(h) and (m) | Overriding requirements |
Article 287, in so far as it is not already in operation | Orders and regulations (general provisions) |
Schedule 10, paragraphs 43, 45, 46, 69, 70(1) and (2)(c) and 71 (in so far as it is not already in operation), and Article 290(1) in so far as it relates to those paragraphs | Minor and consequential amendments |
Schedule 11, in so far as it relates to the repeals there specified in relation to—
and Article 291 in so far as it relates to those provisions | Repeals |
PART 2PROVISIONS OF THE ORDER COMING INTO OPERATION ON 9th DECEMBER 2005
Provisions of the Order | Subject matter |
---|---|
Article 101(1) | Board’s functions and supplementary powers etc. |
Article 158(1) to (3), (4)(a) and (b) and (5) to (9), in so far those provisions are not already in operation | Pension protection levies |
Article 160(1) to (3) and (8)(a) | Amounts to be raised by the pension protection levies |
Article 161 | The levy ceiling |
Article 163(1) to (3) | Pension protection levies during the transitional period |
Article 164(1), in so far as it is not already in operation | Calculation, collection and recovery of levies |
Schedule 10, paragraphs 39, 40 (in so far as it is not already in operation), 44, 48, 49, 70(2)(b) and (d) and (5) (in so far as it is not already in operation), and Article 290(1) in so far as it relates to those paragraphs | Minor and consequential amendments |
Schedule 11, in so far as it relates to the repeals there specified in relation to Articles 49 and 49A(4) of the Pensions (Northern Ireland) Order 1995, and Article 291 in so far as it relates to those provisions | Repeals |
PART 3PROVISIONS OF THE ORDER COMING INTO OPERATION ON 1st JANUARY 2006
Provisions of the Order | Subject matter |
---|---|
Article 152(1), (2)(a) to (c), (e) and (f) and (3) | Administration of compensation |
Article 199 | Pension sharing |
Schedule 10, paragraphs 1 and 3, and Article 290(1) in so far as it relates to those paragraphs | Minor and consequential amendments |
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
Provisions of the Order | Subject matter |
---|---|
Article 171(1), (2), (3)(a), (4) to (10) and (11) (in so far as it is not already in operation) | Fraud compensation levy |
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
Provisions of the Order | Subject matter |
---|---|
Article 145(1), (2) (in so far as it is not already in operation), (3)(a), (4) and (6) to (8) | Effect of Board assuming responsibility for a scheme |
Article 147(1) to (4), (5)(a), (6) and (7) | Adjustments to be made where the Board assumes responsibility for a scheme |
Article 150(1) to (5) and (8) | Duty to pay scheme benefits unpaid at assessment date etc. |
Article 154 | Discharge of liabilities in respect of money purchase benefits |
Article 155 | Equal treatment |
Article 230 | Non-European scheme to be trust with UK-resident trustee |
Article 236 to 238 | Consultation by employers |
Article 241 | Early leavers: cash transfer sums and contribution refunds |
Schedule 10, paragraph 14, and Article 290(1) in so far as it relates to that paragraph | Minor and consequential amendments |
PART 6PROVISIONS OF THE ORDER COMING INTO OPERATION ON 6th APRIL 2006
Provisions of the Order | Subject matter |
---|---|
Article 145(5) | Effect of Board assuming responsibility for a scheme |
Schedule 5 | Transfer of property, rights and liabilities to the Board |
Schedule 10, paragraphs 8, 9, 25 to 27, 47, 50 (in so far as it is not already in operation), 56(c), 57(c) and 63, and Article 290(1) in so far as it relates to those paragraphs | Minor and consequential amendments |
Schedule 11, in so far as it relates to the repeals there specified in relation to—
and Article 291 in so far as it relates to those provisions | Repeals |
(This note is not part of the Order)
(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.
Provision | Date of Commencement | S.R. No. |
---|---|---|
Article 2 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
(partially) | 1st June 2005 | |
Article 3 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
Article 4 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
Article 5 | 25th February 2005 | |
Article 6 | 6th April 2005 | |
Article 7 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
6th April 2005 | ||
Article 8 (partially) | 25th February 2005 | |
Articles 9 to 13 | 6th April 2005 | |
Article 14 (partially) | 6th April 2005 | |
Article 15 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 16 (partially) | 6th April 2005 | |
Article 17 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 18 | 6th April 2005 | |
Article 19 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 20 (partially) | 25th February 2005 | |
6th April 2005 | ||
Articles 21 to 25 | 6th April 2005 | |
Article 26 (partially) | 25th February 2005 | |
6th April 2005 | ||
Articles 27 to 31 | 6th April 2005 | |
Article 32 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 33 | 6th April 2005 | |
Article 34 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
Articles 35 and 36 | 6th April 2005 | |
Article 37 (partially) | 6th April 2005 | |
Article 38 (partially) | 6th April 2005 | |
Article 39 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
Articles 40 and 41 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 42 | 6th April 2005 | |
Article 43 (partially) | 6th April 2005 | |
Articles 44 and 45 | 6th April 2005 | |
Article 46 (partially) | 6th April 2005 | |
Article 47 | 6th April 2005 | |
Article 48 (partially) | 25th February 2005 | |
6th April 2005 | ||
Articles 49 to 52 | 6th April 2005 | |
Article 53 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 54 | 6th April 2005 | |
Article 55 (partially) | 25th February 2005 | |
(partially) | 1st April 2005 | |
6th April 2005 | ||
Article 56 (partially) | 25th February 2005 | |
6th April 2005 | ||
Articles 57 to 63 | 6th April 2005 | |
Article 64 (partially) | 25th February 2005 | |
6th April 2005 | ||
Articles 65 to 80 | 6th April 2005 | |
Article 81 (partially) | 6th April 2005 | |
Articles 82 to 84 | 6th April 2005 | |
Article 85 (partially) | 6th April 2005 | |
14th November 2005 | ||
Article 86 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 87 | 6th April 2005 | |
Article 88 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 89 | 6th April 2005 | |
Article 90 (partially) | 6th April 2005 | |
Article 91 (partially) | 6th April 2005 | |
Article 92 (partially) | 25th February 2005 | |
6th April 2005 | ||
Articles 93 to 95 | 6th April 2005 | |
Article 96 (partially) | 6th April 2005 | |
Article 97 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 98 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 99 | 6th April 2005 | |
Article 101 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
(partially) | 1st September 2005 | |
Article 103 (partially) | 25th February 2005 | |
(partially) | 1st April 2005 | |
Article 104 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 105 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
(partially) | 30th June 2005 | |
Articles 106 and 107 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 108 | 6th April 2005 | |
Article 109 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 110 (partially) | 25th February 2005 | |
(partially) | 8th March 2005 | |
(partially) | 1st April 2005 | |
6th April 2005 | ||
Articles 111 and 112 | 6th April 2005 | |
Articles 113 and 114 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 115 | 6th April 2005 | |
Article 116 (partially) | 6th April 2005 | |
Article 117 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 118 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
Article 119 (partially) | 25th February 2005 | |
6th April 2005 | ||
Articles 120 and 121 | 6th April 2005 | |
Article 122 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
Articles 123 to 125 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 126 | 6th April 2005 | |
Article 127 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 128 | 6th April 2005 | |
Articles 129 to 132 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 133 | 6th April 2005 | |
Article 134 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
Article 135 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
Article 136 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 138 (partially) | 6th April 2005 | |
Article 144 (partially) | 6th April 2005 | |
Article 145 (partially) | 6th April 2005 | |
Article 146 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 148 | 6th April 2005 | |
Article 151 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 156 (partially) | 6th April 2005 | |
(partially) | 1st September 2005 | |
Article 157 (partially) | 25th February 2005 | |
1st April 2005 | ||
Article 158 (partially) | 6th April 2005 | |
(partially) | 20th June 2005 | |
Article 159 (partially) | 31st May 2005 | |
20th June 2005 | ||
Article 162 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
Article 164 (partially) | 25th February 2005 | |
(partially) | 1st April 2005 | |
Articles165 and 166 (partially) | 14th July 2005 | |
1st September 2005 | ||
Article 167 | 1st September 2005 | |
Articles168 and 169 (partially) | 14th July 2005 | |
1st September 2005 | ||
Article 171 (partially) | 25th February 2005 | |
(partially) | 1st April 2005 | |
Article 172 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 173 | 25th February 2005 | |
Article 174 | 6th April 2005 | |
Article 175 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
Articles 176 to 184 | 6th April 2005 | |
Article 185 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 186 (partially) | 6th April 2005 | |
Article 187 | 6th April 2005 | |
Article 188 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
1st September 2005 | ||
Articles189 and 190 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 191 (partially) | 25th February 2005 | |
(partially) | 1st April 2005 | |
(partially) | 6th April 2005 | |
Article 192 (partially) | 1st July 2005 | |
(partially) | 21st July 2005 | |
Article 193 (partially) | 1st July 2005 | |
(partially) | 21st July 2005 | |
Articles 194 to 197 | 21st July 2005 | |
Article 198 | 6th April 2005 | |
Article 216 (partially) | 1st July 2005 | |
(partially) | 22nd September 2005 | |
(partially) | 6th April 2006 | |
Articles 218 and 219 (partially) | 1st November 2005 | |
6th April 2006 | ||
Article 220 | 1st November 2005 | |
Article 229 (partially) | 1st July 2005 | |
22nd September 2005 | ||
Article 232 (partially) | 1st July 2005 | |
22nd September 2005 | ||
Article 233 | 30th June 2005 | |
Article 234 | 6th April 2005 | |
Article 235 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 239 (partially) | 1st November 2005 | |
6th April 2006 | ||
Article 240 | 6th April 2005 | |
Articles 242 and 243 | 6th April 2005 | |
Article 246 (partially) | 1st July 2005 | |
6th April 2006 | ||
Articles 247 and 248 (partially) | 25th February 2005 | |
6th April 2005 | ||
Article 249 | 25th March 2005 | |
Articles 252 and 253 | 6th April 2005 | |
Article 254 | 25th February 2005 | |
Article 255 (partially) | 25th March 2005 | |
6th April 2005 | ||
Article 256 | 6th April 2005 | |
Article 257 (partially) | 25th March 2005 | |
6th April 2005 | ||
Article 259 | 6th April 2005 | |
Article 260 | 1st July 2005 | |
Article 261 (partially) | 1st July 2005 | |
6th April 2006 | ||
Article 262 | 6th April 2005 | |
Article 274 (partially) | 6th April 2005 | |
Article 275 | 6th April 2005 | |
Article 276 | 1st September 2005 | |
Article 279 (partially) | 1st September 2005 | |
Article 280 (partially) | 25th February 2005 | |
(partially) | 8th March 2005 | |
6th April 2005 | ||
Articles 282 to 284 | 1st September 2005 | |
Article 286 | 1st September 2005 | |
Article 290 (partially) | 25th February 2005 | |
(partially) | 1st April 2005 | |
(partially) | 6th April 2005 | |
(partially) | 6th April 2005 | |
(partially) | 30th June 2005 | |
(partially) | 14th July 2005 | |
(partially) | 1st September 2005 | |
(partially) | 22nd September 2005 | |
(partially) | 1st September 2005 | |
(partially) | 22nd September 2005 | |
Article 291 (partially) | 25th February 2005 | |
(partially) | 1st April 2005 | |
(partially) | 1st April 2005 | |
(partially) | 6th April 2005 | |
(partially) | 6th April 2005 | |
(partially) | 6th April 2005 | |
(partially) | 1st September 2005 | |
(partially) | 1st September 2005 | |
(partially) | 22nd September 2005 | |
(partially) | 6th April 2006 | |
Article 292 | 1st July 2005 | |
Schedule 1 (partially) | 25th February 2005 | |
(partially) | 25th March 2005 | |
(partially) | 1st April 2005 | |
(partially) | 6th April 2005 | |
(partially) | 6th April 2005 | |
Schedule 2 | 6th April 2005 | |
Schedule 3 | 6th April 2005 | |
Schedule 4 (partially) | 25th February 2005 | |
(partially) | 6th April 2005 | |
(partially) | 1st September 2005 | |
Schedule 6 (partially) | 25th February 2005 | |
6th April 2005 | ||
Schedule 7 | 6th April 2005 | |
Schedule 8 (partially) | 6th April 2005 | |
(partially) | 1st September 2005 | |
Schedule 10 (partially) | 25th February 2005 | |
(partially) | 25th March 2005 | |
(partially) | 1st April 2005 | |
(partially) | 6th April 2005 | |
(partially) | 6th April 2005 | |
(partially) | 30th June 2005 | |
(partially) | 14th July 2005 | |
(partially) | 1st September 2005 | |
(partially) | 1st September 2005 | |
(partially) | 22nd September 2005 | |
(partially) | 22nd September 2005 | |
Schedule 11 (partially) | 25th February 2005 | |
(partially) | 1st April 2005 | |
(partially) | 1st April 2005 | |
(partially) | 6th April 2005 | |
(partially) | 6th April 2005 | |
(partially) | 6th April 2005 | |
(partially) | 1st September 2005 | |
(partially) | 1st September 2005 | |
(partially) | 22nd September 2005 | |
(partially) | 6th April 2006 |