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The Pensions (Northern Ireland) Order 2005
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The Pensions (Northern Ireland) Order 2005, Section 238 is up to date with all changes known to be in force on or before 26 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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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. 6 para. 21(2)(c)-(cc) substituted for (b)(c) by 2008 c. 13 (N.I.) Sch. 6 para. 11
- art. 2(4)(b)(viii)-(x) inserted by 2016 c. 1 (N.I.) Sch. 2 para. 21(3)(b)
- art. 19(1A) inserted by 2016 c. 1 (N.I.) Sch. 2 para. 24(3)
- art. 19(10A) inserted by 2016 c. 1 (N.I.) Sch. 2 para. 24(5)
- art. 34(1)-(1B) substituted for art. 34(1) by 2016 c. 1 (N.I.) Sch. 2 para. 25
- art. 34(7)(da) inserted by 2021 c. 1 Sch. 8 para. 3(2)
- art. 39(1)-(1B) substituted for art. 39(1) by 2016 c. 1 (N.I.) Sch. 2 para. 26(2)
- art. 48(1)-(1B) substituted for art. 48(1) by 2016 c. 1 (N.I.) Sch. 2 para. 27
- art. 75(1)(a)(iib) inserted by 2021 c. 1 Sch. 8 para. 8(2)
- art. 110(1)-(1B) substituted for art. 110(1) by 2016 c. 1 (N.I.) Sch. 2 para. 29
- art. 191(5) added by 2008 c. 13 (N.I.) Sch. 9 para. 6
- art. 267(4)(f) and word inserted by 2021 c. 1 Sch. 6 para. 20(b)
Further provisions about regulations relating to consultationN.I.
This section has no associated Explanatory Memorandum
238.—(1) In this Article “consultation regulations” means regulations under Article 236 or 237.
(2) Consultation regulations may—
(a)make provision about the time to be allowed for consultation;
(b)prescribe the information which must be provided to the persons who are required to be consulted;
(c)confer a discretion on the employer in prescribed cases as to the persons who are to be consulted;
(d)make provision about the representatives the employees may have for the purposes of the regulations and the methods by which those representatives are to be selected;
(e)require or authorise the holding of ballots;
(f)amend, apply with or without modifications, or make provision similar to, any provision of the Employment Rights (Northern Ireland) Order 1996 (NI 16) (including, in particular, Parts VI, XI and XV), the Industrial Tribunals (Northern Ireland) Order 1996 (NI 18) or the Trade Union and Labour Relations (Northern Ireland) Order 1995 (NI 12);
(g)enable any requirement for consultation imposed by the regulations to be waived or relaxed by order of the Regulator;
(h)require the employer to communicate to the trustees and managers of the scheme any representations received by the employer in response to any consultation required by the regulations.
(3) Persons on whom obligations are imposed by consultation regulations, either as employers or as the trustees or managers of occupational pension schemes, must, if so required by the Regulator, provide information to the Regulator about the action taken by them for the purpose of complying with the regulations.
(4) Consultation regulations may make provision as to—
(a)the information to be provided under paragraph (3);
(b)the form and manner in which the information is to be provided;
(c)the period within which the information is to be provided.
(5) Nothing in consultation regulations is to be regarded as affecting any duty to consult arising otherwise than under the regulations.
Modifications etc. (not altering text)
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