Pension Schemes (Northern Ireland) Act 1993

40 Earner’s chosen scheme. N.I.

(1) Where an earner and the trustees or managers of an appropriate personal pension scheme have jointly given notice to the [F1 Inland Revenue], in such manner and form and with such supporting evidence as may be prescribed—

(a) that the earner is, or intends to become, a member of the scheme and wishes minimum contributions in respect of him to be paid to the scheme under section 39;

(b) that the trustees or managers have agreed to accept him as a member of the scheme and to receive such minimum contributions in respect of him,

[F2 then unless the [F1 Inland Revenue][F3 reject] the notice on either or both of the grounds mentioned in subsection (1A)]

that scheme is the earner’s chosen scheme for the purposes of section 39 as from a date determined in accordance with regulations [F4 made by the Secretary of State] and specified in the notice, unless at that date some other appropriate scheme is the earner’s chosen scheme for those purposes.

[F5 (1A) The grounds referred to in subsection (1) are that the [F1 Inland Revenue][F6 are of] the opinion—

(a) that section 27(5) is not being complied with in respect of any members of the scheme,

(b) that, having regard to any other provisions of sections 22 to 28 and 39 to 41, it is inexpedient to allow the scheme to be the chosen scheme of any further earners.]

(2) Either an earner or the trustees or managers of the scheme may cancel a notice under subsection (1) by giving notice to that effect to the [F1 Inland Revenue] at such time and in such manner and form as may be prescribed.

(3) When a notice under subsection (2) is given, the scheme ceases to be the earner’s chosen scheme as from a date determined in accordance with regulations [F4 made by the Secretary of State] and specified in the notice.

[F7 (4) In this section “prescribed” means prescribed by regulations made by the Secretary of State.]

Textual Amendments

F1 Words in s. 40(1)(1A)(2) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 55(2); S.R. 1999/149, art. 2(c), Sch. 2

F2 Words in s. 40(1) inserted (6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 160(a); S.R. 1997/192, art. 2(b)

F3 Word in s. 40(1) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 55(3)(a); S.R. 1999/149, art. 2(c), Sch. 2

F4 Words in s. 40(1)(3) inserted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 55(3)(b)(5); S.R. 1999/149, art. 2(c), Sch. 2

F5 S. 40(1A) inserted (6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 160(b); S.R. 1997/192, art. 2(b)

F6 Words in s. 40(1A) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 55(4); S.R. 1999/149, art. 2(c), Sch. 2

F7 S. 40(4) added (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 55(6); S.R. 1999/149, art. 2(c), Sch. 2