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The Pensions (Northern Ireland) Order 1995
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Changes over time for: Section 7
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The Pensions (Northern Ireland) Order 1995, Section 7 is up to date with all changes known to be in force on or before 06 November 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 7:
- Instrument amended by 1998 c. 11 s.23 Sch.5 Pt.IV Ch.II para.72
- power to am. (prosp.) by 1998 c. 47 s.87
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2 para. 18(15)(16) repealed by 2012 c. 3 (N.I.) Sch. 2 para. 4(b)
- Sch. 2 Pt. 3 para. 18(8) repealed by 2008 c. 1 (N.I.) Sch. 6 Pt. 1 (Amendment could not be applied - affected provision not available on legislation.gov.uk)
- Sch. 2 Pt. 3 para. 18(18) repealed by 2008 c. 1 (N.I.) Sch. 6 Pt. 1 (Amendment could not be applied - affected provision not available on legislation.gov.uk)
- art. 37(1A)(a) word inserted by 2016 c. 1 (N.I.) Sch. 2 para. 7(a)
- art. 37(1A)(b) inserted by 2016 c. 1 (N.I.) Sch. 2 para. 7(b)
- art. 51(5A)-(5C) inserted by 2016 c. 1 (N.I.) s. 43(1)
- art. 51(7A) inserted by 2016 c. 1 (N.I.) s. 41(1)(b)
- art. 51(9)(10) inserted by 2016 c. 1 (N.I.) s. 42(3) (This amending provision is itself amended by S.I. 2019/193, reg. 7)
- art. 67A(3)(aa)-(ac) inserted by 2016 c. 1 (N.I.) s. 45(3)
- art. 67A(9)(b)(viii)-(x) inserted by 2016 c. 1 (N.I.) s. 45(6)(b)
- art. 73(2)(2A) substituted for art. 73(2) by 2016 c. 1 (N.I.) Sch. 2 para. 11
- art. 75(1)-(1B) substituted for art. 75(1) by 2016 c. 1 (N.I.) Sch. 2 para. 12
- art. 167(3)(aa) inserted by 2016 c. 1 (N.I.) s. 43(2)
Appointment of trusteesN.I.
7.—(1) Where a trustee of a trust scheme is removed by an order under Article 3, [F1by Article 3A] orF2. . . by reason of his disqualification, the Authority may by order appoint another trustee in his place.
(2) Where a trustee appointed under paragraph (1) is appointed to replace a trustee appointed under[F2 Article 23(1)], Articles 22 to 26 shall apply to the replacement trustee as they apply to a trustee appointed under[F2 Article 23(1)].
(3) The Authority may also by order appoint a trustee of a trust scheme where they are satisfied that it is [F3reasonable] to do so in order—
(a)to secure that the trustees as a whole have, or exercise, the necessary knowledge and skill for the proper administration of the scheme,
(b)to secure that the number of trustees is sufficient for the proper administration of the scheme, F4. . .
(c)to secure the proper use or application of the assets of the scheme.
[F5, or
(d)otherwise to protect the interests of the generality of the members of the scheme.]
Para. (4) rep. by 2005 NI 1
(5) The power to appoint a trustee by an order under this Article includes power by such an order—
(a)to determine the appropriate number of trustees for the proper administration of the scheme,
(b)to require a trustee appointed by the order to be paid fees and expenses out of the scheme's resources,
(c)to provide for the removal or replacement of such a trustee.
[F2(5A) An application may be made to the Authority in relation to a trust scheme by—
(a)the trustees of the scheme,
(b)the employer, or
(c)any member of the scheme,
for the appointment of a trustee of the scheme under paragraph (3)(a) or (c).]
(6) Regulations may make provision about the descriptions of persons who may or may not be appointed trustees under this Article.
F1Words in art. 7(1) inserted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 19 para. 3; S.R. 2015/307, art. 2(1)(o)
F3Word in art. 7(3) substituted (26.1.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 106(1)(a), 118(1); S.R. 2009/22, art. 2(1)(c)
F4Word in art. 7(3)(b) repealed (26.1.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 106(1)(b), 116, 118(1), Sch. 10 Pt. 5; S.R. 2009/22, art. 2(1)(c)
F5Art. 7(3)(d) and preceding word added (26.1.2009) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 106(1)(c), 118(1); S.R. 2009/22, art. 2(1)(c)
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