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The Pensions (Northern Ireland) Order 2005
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Changes to legislation:
The Pensions (Northern Ireland) Order 2005, Section 97 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.
Changes to Legislation
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 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)
References [F1in relation to decisions of the Regulator]N.I.
This section has no associated Explanatory Memorandum
97.—(1) F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(2A) This Article applies to references to a tribunal in relation to a decision of the Regulator.]
(3) On a reference, [F4the tribunal concerned] may consider any evidence relating to the subject-matter of the reference, whether or not it was available to the Regulator at the material time.
(4) On a reference, [F5the tribunal concerned] must determine what (if any) is the appropriate action for the Regulator to take in relation to the matter referred to [F6it].
(5) On determining a reference, [F7the tribunal concerned] must remit the matter to the Regulator with such directions (if any) as [F8it] considers appropriate for giving effect to its determination.
(6) Those directions may include directions to the Regulator—
(a)confirming the Regulator's determination and any order, notice or direction made, issued or given as a result of it;
(b)to vary or revoke the Regulator's determination, and any order, notice or direction made, issued or given as a result of it;
(c)to substitute a different determination, order, notice or direction;
(d)to make such savings and transitional provision as the [F9tribunal concerned] considers appropriate.
(7) The Regulator must act in accordance with the determination of, and any direction given by, the [F10tribunal concerned] (and accordingly Articles 91 to 94 (standard and special procedure) do not apply).
(8) The [F10tribunal concerned] may, on determining a reference, make recommendations as to the procedure followed by the Regulator or the Determinations Panel.
(9) An order of the [F10tribunal concerned] may be enforced as if it were an order of a county court.
F1Words in art. 97 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. 18(a) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2
F2Art. 97(1)(2) repealed (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3, 5(2), Sch. 1 para. 18(b), Sch. 3 (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2
F3Art. 97(2A) 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. 18(c) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2
F4Words in art. 97(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. 18(d) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2
F5Words in art. 97(4) 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. 18(e)(i) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2
F6Word in art. 97(4) 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. 18(e)(ii) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2
F7Words in art. 97(5) 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. 18(e)(i) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2
F8Word in art. 97(5) 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. 18(e)(ii) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2
F9Words in art. 97(6)(d) 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. 18(f) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2
F10Words in art. 97(7)-(9) 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. 18(f) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2
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