Search Legislation

Pension Schemes Act 2021

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Cross Heading: Supplementary

 Help about opening options

Alternative versions:

Status:

Point in time view as at 01/08/2022.

Changes to legislation:

There are currently no known outstanding effects for the Pension Schemes Act 2021, Cross Heading: Supplementary. Help about Changes to Legislation

SupplementaryN.I.

99Minor and consequential amendmentsN.I.

Schedule 6 makes minor and consequential amendments relating to this Part.

Commencement Information

I1S. 99 in force at Royal Assent for specified purposes, see s. 131(3)(a)

I2S. 99 in force at 29.4.2022 for specified purposes by S.R. 2022/173, art. 2(a)

I3S. 99 in force at 1.8.2022 for specified purposes by S.R. 2022/197, art. 3(a)

100Interpretation of Part 2N.I.

(1)In this Part—

  • administration charge” has the same meaning as in paragraph 1 of Schedule 18 to the Pensions Act (Northern Ireland) 2015 (c. 5 (N.I.));

  • authorisation” means authorisation under section 60 or by virtue of regulations under section 56(2) (and related expressions are to be read accordingly);

  • authorisation criteria” has the meaning given in section 60(3);

  • the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

  • the Department” means the Department for Communities in Northern Ireland;

  • employer”, in relation to an occupational pension scheme, means a person who employs or engages persons who are, or are entitled to become, members of the scheme;

  • implementation strategy” has the meaning given in section 90;

  • insolvency event” has the meaning given in Article 105 of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1));

  • Master Trust scheme” means a Master Trust scheme within the meaning of the Pension Schemes Act 2017 or any corresponding statutory provision;

  • member” has the meaning given in Article 121(1) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) (read with regulations made under Article 122(4) of that Order);

  • occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (see section 1(1) of that Act);

  • pension scheme” has the meaning given in section 1(5) of the Pension Schemes (Northern Ireland) Act 1993;

  • the scheme actuary”, in relation to a pension scheme, means the person appointed under Article 47(1)(b) of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) (professional advisers) in relation to the scheme;

  • scheme rules” has the meaning given in Article 2(3) and (4) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1));

  • statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.));

  • triggering event” has the meaning given in section 82.

(2)For the purposes of this Part, an employer (“A”) is connected with another employer (“B”)—

(a)where A is, or has been, a group undertaking in relation to B within the meaning of section 1161(5) of the Companies Act 2006, or

(b)in circumstances specified in regulations made by the Department.

(3)This Part applies to a qualifying scheme—

(a)which provides both qualifying benefits and other benefits, and

(b)for which there is no power to wind up the scheme to the extent only that it provides qualifying benefits,

as if references to winding up the scheme, or to the scheme being wound up, were to ceasing to operate the scheme, or the scheme ceasing to operate, to the extent that it provides qualifying benefits.

(4)Regulations made by the Department may make provision to the effect that, for the purposes of any specified provisions of this Part, a reference in this Part to a collective money purchase scheme includes a scheme that—

(a)is in the process of being wound up, and

(b)was a collective money purchase scheme immediately before the beginning of that process.

“Specified” here means specified in the regulations.

(5)Regulations under subsection (2) or (4) are subject to confirmatory procedure.

Commencement Information

I4S. 100 in force at Royal Assent for specified purposes, see s. 131(3)(a)

I5S. 100 in force at 1.8.2022 in so far as not already in force by S.R. 2022/197, art. 3(a)

101Index of defined expressionsN.I.

The Table below lists provisions which define or otherwise explain terms defined for this Part of this Act.

actuarial valuationsection 71(2)
administration chargesection 100
authorisation (and related expressions)section 100
authorisation criteriasection 100
collective money purchase benefitsection 52
collective money purchase schemesection 52
confirmatory proceduresection 102
connected (in relation to employers)section 100
the data protection legislationsection 100
the Departmentsection 100
determination noticesection 81(4)
employersection 100
implementation strategysection 100
insolvency eventsection 100
item 1 triggering event (and similar references)section 82(5)
Master Trust schemesection 100
membersection 100
negative resolutionsection 102
occupational pension schemesection 100
pension schemesection 100
qualifying benefitsection 53
qualifying schemesections 54 and 55
relevant former employersection 82(5)
the scheme actuarysection 100
scheme rulessection 100
section (of a pension scheme)regulations under section 56(1)
special proceduresection 81(4)
standard proceduresection 81(4)
statutory provisionsection 100
triggering eventsection 100
triggering event periodsection 83
triggering events tablesection 82(4)
warning noticesection 81(4)

Commencement Information

I6S. 101 in force at Royal Assent for specified purposes, see s. 131(3)(a)

I7S. 101 in force at 1.8.2022 in so far as not already in force by S.R. 2022/197, art. 3(a)

102RegulationsN.I.

(1)A power of the Department to make regulations under this Part is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(2)A power to make regulations under this Part may be used—

(a)to make different provision for different purposes;

(b)to make provision in relation to all or only some of the purposes for which it may be used.

(3)Regulations under this Part may—

(a)confer a discretion on a person;

(b)make consequential, supplementary or incidental provision;

(c)make transitional, transitory or saving provision.

(4)Where regulations under this Part are subject to “negative resolution”, they are subject to negative resolution within the meaning given in section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(5)Where regulations under this Part are subject to “confirmatory procedure”—

(a)they must be laid before the Northern Ireland Assembly after being made, and

(b)they take effect on such date as may be specified in the regulations, but (without prejudice to the validity of anything done under the regulations or to the making of new regulations) cease to have effect on the expiration of the period of six months beginning with that date unless at some time before the expiration of that period the regulations are approved by resolution of the Northern Ireland Assembly.

(6)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies in relation to the laying of regulations under this Part as it applies in relation to the laying of a statutory document under an enactment.

(7)Any provision that may be made by regulations under this Part subject to negative resolution may be made by regulations subject to confirmatory procedure.

Commencement Information

I8S. 102 in force at Royal Assent for specified purposes, see s. 131(3)(a)

I9S. 102 in force at 1.8.2022 in so far as not already in force by S.R. 2022/197, art. 3(a)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?