The Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1Introduction
Citation and commencement1.
These Regulations may be cited as the Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019 and come into force on exit day.
PART 2Amendment of Acts and Orders in Council
Amendment of the Pension Schemes (Northern Ireland) Act 19932.
(1)
(2)
(3)
(4)
(a)
in paragraph (k), omit “, EEA central counterparty” and “, EEA CSD”;
(b)
(5)
(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)
(7)
(8)
Amendment of the Pensions (Northern Ireland) Order 19953.
(1)
(2)
(a)
omit sub-paragraph (b);
(b)
in sub-paragraph (c), omit the words after “Bank of England”.
Amendment of the Welfare Reform and Pensions (Northern Ireland) Order 19994.
(1)
(2)
In Schedule 5 (pension credits: mode of discharge), in paragraph 6(2)(a) (qualifying arrangements), omit “or any other EEA state”.
Amendment of the Pensions (Northern Ireland) Order 20055.
(1)
(2)
In Article 68 (inspection of premises), in paragraph (2)(a), in the list of provisions—
(a)
in the parenthetical description of Article 230, for “non-European” substitute “non-UK”;
(b)
omit “Part VII (cross-border activities within European Union);”.
(3)
“(h)
in pursuance of retained EU law.”.
(4)
“(g)
in pursuance of retained EU law.”.
(5)
(6)
(a)
in the heading, for “Non-European” substitute “Non-UK”;
(b)
in paragraphs (1) and (6), for “EEA states” substitute “United Kingdom”.
(7)
(a)
in the heading, for “non-European” substitute “non-UK”;
(b)
in paragraph (1), for “EEA states” substitute “United Kingdom”.
(8)
(9)
In Article 280(2) (modification of this Order in relation to certain categories of schemes) omit sub-paragraph (e) and the “and” before it.
(10)
Amendment of the Pensions (No. 2) Act (Northern Ireland) 20086.
(1)
(2)
In section 18 (occupational pension schemes)—
(a)
omit paragraph (b);
(b)
in paragraph (c), for “an EEA State” substitute “the United Kingdom”.
(3)
In section 78 (interpretation of Part 1), omit the definition of the “IORP Directive”.
Amendment of the Pension Schemes Act (Northern Ireland) 20167.
(1)
(2)
“(9)
In paragraph (1)(a)(ii) “regulatory own fund scheme” means a scheme where the scheme and not any employer in relation to that scheme—
(a)
underwrites any liability to cover against biometric risk,
(b)
guarantees an investment performance, or
(c)
guarantees a level of benefits.
(10)
In paragraph (9)—
“biometric risk” means liability risks linked to death, disability and longevity;
“employer” has the meaning given by Article 2(2) of the Pensions (Northern Ireland) Order 2005.”.
PART 3Amendment of secondary legislation
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 19968.
(1)
(2)
In regulation 1(2)—
(a)
omit the definitions of “EEA agreement” and “EEA state”;
(b)
in the definition of “overseas scheme”, for “EEA states” substitute “United Kingdom”.
Amendment of the Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 19969.
(1)
(2)
In regulation 1(2)—
(a)
omit the definitions of “EEA agreement” and “EEA state”;
(b)
in the definition of “overseas scheme”—
(i)
in paragraph (a), for “EEA states” substitute “United Kingdom”;
(ii)
omit paragraph (b) and the “or” before it.
Amendment of the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 199610.
(1)
(2)
In regulation 10, omit paragraph (1)(d).
Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 199711.
(1)
(2)
In regulation 1(2), in the definition of “qualifying insurance policy” omit paragraph (b) and the “or” before it.
(3)
In regulation 11—
(a)
in paragraph (3)(a) omit “or the central bank of another EEA State”;
(b)
omit paragraph (4)(a).
(4)
In regulation 15, omit paragraph (2)(b) and the “or” before it.
Amendment of the Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 199712.
(1)
(2)
In regulation 2—
(a)
omit paragraph (1)(b) and the “or” before it;
(b)
in paragraph (2), omit “and (b)”.
Amendment of the Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 200013.
(1)
(2)
In regulation 11—
(a)
omit paragraph (1)(b) and the “or” before it;
(b)
in paragraph (2), omit “and (b)”.
Amendment of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 200014.
(1)
(2)
In regulation 5—
(a)
omit paragraph (3)(b) and the “or” before it;
(b)
in paragraph (4), omit “and (b)”.
Amendment of the Stakeholder Pension Schemes Regulations (Northern Ireland) 200015.
(1)
(2)
In regulation 1(3), in the definition of “insurer”, omit paragraph (b) and the “or” before it.
Amendment of the Occupational and Personal Pension Schemes (General Levy) Regulations (Northern Ireland) 200516.
(1)
(2)
In regulation 1(2), omit the definition of “cross-border section 615 scheme”.
(3)
In regulation 2(1), omit “, other than such a scheme which is a cross-border section 615 scheme,”.
Amendment of the Register of Occupational and Personal Pension Schemes Regulations (Northern Ireland) 200517.
(1)
(2)
In regulation 1(2), omit the definition of “scheme undertaking cross-border activities”.
(3)
In regulation 2(1), omit sub-paragraph (c) and the “or” before it.
(4)
In regulation 3(1), omit sub-paragraph (j) and the “and” before it.
Amendment of the Pension Protection Fund (PPF Ombudsman) Order (Northern Ireland) 200518.
(1)
(2)
In Article 5(2)(j), omit “, an EEA central counterparty” and “, EEA CSD”.
Amendment of the Occupational Pension Schemes (Employer Debt) Regulations (Northern Ireland) 200519.
(1)
(2)
In regulation 4(1), omit sub-paragraph (g)(ii) and the “and” before it.
Amendment of the Occupational Pension Schemes (Winding up, etc.) Regulations (Northern Ireland) 200520.
(1)
(2)
In regulation 3(1), omit sub-paragraph (h)(ii) and the “and” before it.
Amendment of the Pensions Regulator (Contribution Notices and Restoration Orders) Regulations (Northern Ireland) 200521.
(1)
(2)
In regulation 2(1), omit sub-paragraph (i)(ii) and the “and” before it.
Amendment of the Occupational Pension Schemes (Trust and Retirement Benefits Exemption) Regulations (Northern Ireland) 200522.
(1)
(2)
In regulation 1(2), omit the definition of “scheme undertaking cross-border activities”.
(3)
Omit regulation 1A.
Amendment of the Pension Schemes (Categories) Regulations (Northern Ireland) 200523.
(1)
(2)
In regulation 1(2), omit the definitions of “EEA agreement” and “EEA state”.
(3)
In regulation 2, omit paragraph (2)(b) but not the final “and”.
Amendment of the Occupational Pension Schemes (Scheme Funding) Regulations (Northern Ireland) 200524.
(1)
(2)
In regulation 2(1), omit the definitions of “EEA agreement” and “EEA state”.
(3)
“(d)
a scheme which is treated as such by virtue of paragraph 4 or 5 of Schedule 2 and applies to members in employment outside the United Kingdom;”.
(4)
In Schedule 2—
(a)
in paragraph 4, in sub-paragraphs (2)(b) and (d)(i) and (3)(a), for “EEA states” in each place where it occurs substitute “United Kingdom”;
(b)
omit paragraph 6 (schemes undertaking cross-border activities).
Amendment of the Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 200525.
(1)
(2)
In regulation 1(2)—
(a)
in the definition of “qualifying insurance policy”, omit paragraph (b) and the “or” before it;
(b)
omit the definition of “scheme undertaking cross-border activities”.
(3)
In regulation 4(11)—
(a)
(b)
in the definition of “regulated market”—
(i)
omit paragraph (a);
(ii)
“(b)
a UK regulated market or an EU regulated market within the meaning of Article 2.1.13A and 2.1.13B respectively of Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments, or”.
(4)
In regulation 15A, omit paragraph (2)(b) but not the “or” following it.
(5)
Omit regulation 17.
Amendment of the Occupational Pension Schemes (Regulatory Own Funds) Regulations (Northern Ireland) 200526.
(1)
(2)
In regulation 2(1), omit the definitions of “EEA agreement” and “EEA state”.
(3)
In regulation 10, omit paragraphs (3) and (8).
(4)
In regulation 15—
(a)
in paragraph (1)(d)—
(i)
omit paragraph (i) together with the final “and”;
(ii)
in paragraph (ii), for “paragraphs 4(3) and 5(2)(b)” substitute “paragraphs 4(2) and (3) and 5(2)(a) and (b)”;
(b)
omit paragraph (2);
(c)
in paragraph (3), omit the definition of “scheme undertaking cross-border activities”.
Amendment of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 200627.
(1)
(2)
In regulation 2, omit the definitions of “EEA agreement” and “EEA state”.
(3)
In regulation 4(1), in sub-paragraph (e), for “EEA states” substitute “United Kingdom”.
Amendment of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations (Northern Ireland) 200628.
(1)
(2)
In regulation 1(2), in the definition of “insurer” omit paragraph (b) and the “or” before it.
Amendment of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 201029.
(1)
(2)
In regulation 32E, in paragraph (1), omit the words “or which is an occupational pension scheme within section 18(b) (occupational pension schemes with main administration in an EEA state other than the UK)”.
(3)
Omit regulation 32J.
(4)
In regulation 35—
(a)
in paragraph (1)(a)(i), omit “or (b)”;
(b)
omit paragraph (1)(b) together with the final “and”;
(c)
““competent authority” means the Financial Conduct Authority or the Pensions Regulator;”.
(5)
In regulation 39(7), omit sub-paragraph (a).
(6)
In regulation 44, in the heading and the body of the regulation, for “EEA States” substitute “United Kingdom”.
(7)
In regulation 45—
(a)
in paragraphs (1) to (5) and (7), for “18(b) or (c)” substitute “18(c)”;
(b)
in paragraphs (1), (3) and (7), omit sub-paragraph (b) and the “or” before it.
(8)
In regulation 46, omit paragraph (b) and the “or” before it.
Amendment of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 201430.
(1)
(2)
In Schedule 1 (description of schemes), omit paragraph 1(2)(c) but not the final “or”.
Amendment of the Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 201431.
(1)
(2)
Omit Part 16 (cross-border schemes).
Amendment of the Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 201632.
(1)
(2)
In regulation 6(2), for “EEA states” substitute “United Kingdom”.
PART 4Revocation of secondary legislation
33.
Signed by authority of the Secretary of State for Work and Pensions.
These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (c), (d), (e) and (g) of subsection (2)) arising from the withdrawal of the UK from the European Union.
These Regulations amend legislation in the field of occupational and personal pension schemes in Northern Ireland. Part 2 amends Acts and Orders in Council, Part 3 amends secondary legislation and Part 4 revokes secondary legislation.
No impact assessment has been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.