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The Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005
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PART 7provisions of the order coming into operation on 6th april 2005
| Provisions of the Order | Subject matter |
|---|---|
| In so far as not already brought into operation, Articles 15, 17, 19, 20, 26, 32, 34 except paragraphs (4) and (7)(g), 39 except paragraph (7)(e), 40, 41, 48, 53, 55, 56, 64, 88, 92, 97, 98, 104, 106, 107, 109, 110, 113, 114, 117, 118 except paragraph (2)(d), 119, 122 except paragraph (10)(a), 123, 124, 125, 127, 129 to 132, 134 except paragraph (6)(d), 135 except paragraph (a) of the definition of “audited scheme accounts” in paragraph (8) and paragraph (12)(a), 136, 151, 162 except paragraph (1)(b), 185, 188 except paragraph (5), 190 and 235 | Provisions relating to the Regulator, the Board of the Pension Protection Fund and miscellaneous provisions |
| Article 3(1)(a), (3) and (4) | Regulator’s functions |
| Article 4(1) and (2) | Regulator’s objectives |
| Article 6 | Transfer of OPRA’s functions to the Regulator |
| Articles 9 to 13 | Powers in respect of occupational and personal pension schemes |
| Article 14, except paragraphs (3)(b) and (4)(b) | Pension liberation: interpretation |
| Article 16(1), (2), (3)(a) and (b) and (4) to (11) | Pension liberation: restraining orders |
| Article 18 | Powers to wind up occupational pension schemes |
| Articles 21 to 25, 27 and 28 | Provisions relating to freezing orders |
| Articles 29 to 31 and 33 | Trustees of occupational pension schemes |
| Articles 35, 36, 37(1) to (9), (10)(a) to (e), (11) and (12), and 38(1), (2)(a) and (b) and (3) to (5) | Contribution notices where avoidance of employer debt |
| Article 42 | Financial support directions: clearance statements |
| Article 43(1) to (3), (4)(a) to (f), and (5) | Contribution notices where non-compliance with financial support direction |
| Articles 44 and 45 Article 46(1) to (9), (10)(a) to (e) and (11) | The sum specified in an Article 43 contribution notice, content and effect of such a notice Article 43 contribution notice: relationship with employer debt |
| Article 47 | Articles 39 to 46: interpretation |
| Articles 49 to 52 | Transactions at an undervalue |
| Article 54 | Regulator’s right to apply under Article 367 of the Insolvency Order |
| Articles 57 to 63 | Register of schemes, register of prohibited trustees and collecting information relevant to the PPF |
| Articles 65 to 84 (except Article 81(2)) | Duty to report breaches of the law, provisions on reports and on information |
| Article 85(1), (2)(a) to (j) and (3) to (7) | Codes of practice |
| Article 86(9) to (11) | Procedure for issue and publication of codes of practice |
| Article 87 | Revocation of codes of practice |
| Article 89 | Publication of procedure in relation to regulatory functions |
| Article 90(1)(a) and (b)(i), (2) and (3) | Application of standard and special procedure |
| Article 91(1) to (5), (6)(a) to (t) and (v) | Standard procedure |
| Articles 93 to 95 | Special procedure, compulsory review, and duty to have regard to the interests of members etc. |
| Article 96(1), (2)(a) to (c) and (3) to (5) | Powers to vary or revoke orders, notices or directions etc. |
| Article 99 | Redetermination etc. by the Tribunal |
| Article 105(1) to (4), (6), (8), (9)(a) and (10) to (12) | Insolvency event, insolvency date and insolvency practitioner |
| Article 108 | Board’s duty where there is a failure to comply with Article 106 |
| Article 111 | Duty to assume responsibility for schemes following insolvency event |
| Article 112 | Duty to assume responsibility for schemes following application or notification |
| Article 115 | Protected liabilities |
| Article 116 except paragraph (6) | Assessment periods |
| Article 120 | Power to validate contraventions of Article 119 |
| Article 121 | Board to act as creditor of the employer |
| Article 126 | Articles 124 and 125: interpretation |
| Article 128 | Approval of valuation |
| Article 133 | Circumstances in which Board ceases to be involved with an eligible scheme |
| Article 138(1), (2)(a) and (c) and (6) to (15) | Requirement to wind up schemes with sufficient assets to meet protected liabilities |
| Article 144(1) to (3), (5), (6), and (7) in so far as that paragraph relates to Article 156(1) | Transfer notice |
| Article 145(2)(c) | Effect of Board assuming responsibility for a scheme |
| Article 156(1) | Relationship with fraud compensation regime |
| Article 158(2)(a)(i) and (iii) and (3)(a) | Definition of risk-based pension protection levy |
| Article 174, and Article 175 in so far as it relates to Article 174 | Entry of premises, and penalties |
| Article 176 | Warrants |
| Article 177 | Offence of providing false or misleading information to the Board |
| Article 178 | Use of information |
| Articles 179 to 184 | Disclosure of information |
| Article 186(1) and (2) | Articles 172 to 185: interpretation |
| Article 187 | Publishing reports etc. |
| Article 198 | Backdating the winding up of eligible schemes |
| Article 234 | Conditions for pension protection on transfer of employment |
| Article 240 | Increase in age at which short service benefit must be payable |
| Article 242 | Paternity leave and adoption leave |
| Article 243 | Inalienability of occupational pension |
| Article 252 | Jurisdiction |
| Article 253 | Investigations |
| Articles 255 to 257 | Annual increases in rates of certain occupational and personal pensions |
| Article 259 | Meaning of “working life” in the Pension Schemes Act |
| Article 262 | Meaning of “stakeholder pension scheme” |
| Article 274(4) and (5)(b) | Disclosure of state pension information |
| Article 275 | Information obtained by the Regulator |
| Schedule 1, paragraph 1 and Article 3(2) in so far as it relates to that paragraph | The Regulator |
| Schedule 3 | Restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions |
| Schedule 4, paragraphs 2(2)(f) to (h) and 3 and Article 101(3) in so far as it relates to those paragraphs | The Board of the Pension Protection Fund |
| Schedule 6, and Article 146, in so far as not already brought into operation | Pension compensation provisions |
| Schedule 7 | Restricted information held by the Board: certain permitted disclosures to facilitate exercise of functions |
| Schedule 8, paragraphs 1 to 19 and Article 188 in so far as it relates to those paragraphs | Reviewable matters |
| Schedule 10, paragraphs 19(a) and (c), 20, 21, 70(2)(a) and (4) and Article 290(1) in so far as it relates to those paragraphs | Minor and consequential amendments |
Schedule 11, in so far as it relates to – the Pensions (Northern Ireland) Order 1995, the specified repeals in Articles 51(1), 54(3), and 158(1); the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, section 50; and Article 291 in so far as it relates to those provisions | Repeals |
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