- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (30/06/2012)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 10/08/2021
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Pensions (No. 2) Act (Northern Ireland) 2008, Section 44 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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44—(1) A person to whom a notice is issued under section 40 or section 41 may, if one of the conditions in subsection (2) is satisfied, make a reference to [F2the Tribunal] in respect of—
(a)the issue of the notice;
(b)the amount of the penalty payable under the notice.
(2) The conditions are—
(a)that the Regulator has completed a review of the notice under section 43;
(b)that the person to whom the notice was issued has made an application for the review of the notice under section 43(1)(a) and the Regulator has determined not to carry out such a review.
(3) On a reference to [F3the Tribunal] in respect of a notice, the effect of the notice is suspended for the period beginning when the Tribunal receives notice of the reference and ending—
(a)when the reference is withdrawn or completed, or
(b)if the reference is made out of time, on the Tribunal determining not to allow the reference to proceed.
(4) For the purposes of subsection (3), a reference is completed when—
(a)the reference has been determined,
(b)the Tribunal has remitted the matter to the Regulator, and
(c)any directions of the Tribunal for giving effect to its determination have been complied with.
[F4(4A) In this section “the Tribunal”, in relation to a reference under this section, means—
(a)the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the reference;
(b)the First-tier Tribunal, in any other case.]
F5(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 44: words in heading substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 31(a) (with Sch. 2); S.R. 2010/101, art. 2
F2Words in s. 44(1) substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 31(b) (with Sch. 2); S.R. 2010/101, art. 2
F3Words in s. 44(3) substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 31(b) (with Sch. 2); S.R. 2010/101, art. 2
F4S. 44(4A) inserted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 31(c) (with Sch. 2); S.R. 2010/101, art. 2
F5S. 44(5) repealed (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(3), 5(2), Sch. 3 (with Sch. 2); S.R. 2010/101, art. 2
F6S. 44(6) repealed (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(3), 5(2), Sch. 3 (with Sch. 2); S.R. 2010/101, art. 2
Commencement Information
I1S. 44 in operation at 30.6.2012 by S.R. 2012/266, art. 2, Sch. Pt. 2
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