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The Pensions (Northern Ireland) Order 2005, Paragraph 2 is up to date with all changes known to be in force on or before 05 September 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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2.—[F1(1)] The Department may make regulations—N.I.
(a)limiting the extent to which any of the functions mentioned in paragraph (9) of Article 7 may be delegated by the Determinations Panel to any of its members or any of its sub-committees under that paragraph;
(b)limiting the extent to which functions of the Regulator may be delegated under paragraph 1;
(c)limiting the delegation under paragraph 1 of any power to delegate contained in that paragraph;
[F2(d)permitting the Regulator to authorise such persons, in such circumstances and under such arrangements, as the Regulator may determine, to exercise on behalf of the Regulator—
(i)the power to determine whether to exercise any of the functions listed in sub-paragraph (2) ;
(ii)the power to exercise any of the functions listed in sub-paragraph (2) or such other functions as may be prescribed.]
[F3(2) The functions mentioned in sub-paragraph (1)(d) are—
(a)the power to issue an improvement notice under Article 9;
(b)the power to issue a third party notice under Article 10;
(c)the power to recover unpaid contributions under Article 13;
(d)the power to require information under Article 67;
[F4(da)the power to issue a notice under Article 67A;
(db)the power to issue a fixed penalty notice under Article 72A;
(dc)the power to issue an escalating penalty notice under Article 72B;
(dd)the power to require payment of a penalty under Article 83A;]
(e)the power to vary or revoke a determination, order, notice or direction under Article 96;
[F5(ea)the power to issue a compliance notice under regulations under Article 215G;
(eb)the power to issue a third party compliance notice under regulations under Article 215G;
(ec)the power to issue a penalty notice under regulations under Article 215G;]
(f)the power to require payment of a penalty under Article 10 of the 1995 Order;
(g)the power to issue a compliance notice under section 35 of the Pensions (No. 2) Act (Northern Ireland) 2008;
(h)the power to issue a third party compliance notice under section 36 of that Act;
(i)the power to issue an unpaid contributions notice under section 37 of that Act;
(j)the power to issue a fixed penalty notice under section 40 of that Act;
(k)the power to issue an escalating penalty notice under section 41 of that Act;
(l)the power to recover penalties under section 42 of that Act;
(m)the power to review a notice under section 43 of that Act;
(n)the power to issue a compliance notice in respect of prohibited recruitment conduct under section 51 of that Act;
(o)the power to issue a penalty notice in respect of prohibited recruitment conduct under section 52 of that Act.]
[F6(p)the power to issue a fixed penalty notice under section 17 of thePension Schemes Act (Northern Ireland) 2021;
(q)the power to issue an escalating penalty notice under section 18 of that Act.]
F1Sch. 1 para. 2 renumbered (15.12.2008) as Sch. 1 para. 2(1) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 108(1), 118(1)(2)(d) (with s. 108(4))
F2Sch. 1 para. 2(1)(d) substituted (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 108(2), 118(1)(2)(d) (with s. 108(4))
F3Sch. 1 para. 2(2) inserted (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 108(3), 118(1)(2)(d) (with s. 108(4))
F4Sch. 1 para. 2(2)(da)-(dd) inserted (28.7.2022) by Pension Schemes Act 2021 (c. 1), s. 131(2)(b), Sch. 8 para. 27; S.R. 2022/197, art. 2(b)
F5Sch. 1 para. 2(2)(ea)-(ec) inserted (11.2.2021 for specified purposes, 31.10.2022 in so far as not already in operation) by Pension Schemes Act 2021 (c. 1), s. 131(2)(c)(3)(a), Sch. 9 para. 6; S.R. 2022/291, art. 2
F6Sch. 1 para. 2(2)(p)(q) inserted (16.3.2022 for specified purposes, 6.4.2022 in so far as not already in operation) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), s. 44(2), Sch. 3 para. 18; S.R. 2022/110, art. 2(a)(b)
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