The Occupational Pension Schemes (EEA States) Regulations (Northern Ireland) 2007

Amendment of the Occupational Pension Schemes (Cross-border Activities) Regulations

12.—(1) The Occupational Pension Schemes (Cross-border Activities) Regulations (Northern Ireland) 2005(1) shall be amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “cross-border scheme” insert—

““EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, as modified or supplemented from time to time;

“EEA state”, in relation to any time, means—

(a)

a state which at that time is a member State, or

(b)

any other state which at that time is a party to the EEA agreement;”;

(b) in the definition of “host member State” for ““host member State”” substitute ““host EEA state””;

(c) in the definition of “qualifying person”—

(i) for “a member State”, in both places where it occurs, substitute “an EEA state”;

(ii) for “that member State” substitute “that EEA state”;

(d) in the definition of “qualifying self-employed person”—

(i) for “a member State” substitute “an EEA state”;

(ii) for “that member State”, in both places where it occurs, substitute “that EEA state”;

(e) in the definition of “seconded worker” in paragraph (b) for “a member State” substitute “an EEA state”.

(3) In regulation 3 (meaning of “European employer” and “host member State” in Part VII of the Order)—

(a) in the heading for ““host member State”” substitute ““host EEA state””;

(b) in paragraph (1)(2)—

(i) for “host member State” substitute “host EEA state”;

(ii) for “that member State”, in both places where it occurs, substitute “that EEA state”;

(c) in paragraph (5)—

(i) for ““host member State”” substitute ““host EEA state””;

(ii) for “any member State” substitute “any EEA state”;

(iii) for “the member State or States” substitute “any EEA state”.

(4) In regulation 12(2) (conditions for approval in relation to particular European employer) for “host member State” substitute “host EEA state”.

(5) In regulation 13 (revocation of approval in relation to particular European employer)—

(a) in paragraphs (1), (4), (5) and (6) for “host member State”, in each place where it occurs, substitute “host EEA state”;

(b) in paragraph (7) for “host member States”, in both places where it occurs, substitute “host EEA states”.

(6) In paragraph 6 of Schedule 1 (additional information to be contained in applications for authorisation or approval)—

(a) in sub-paragraphs (2)(c) and (7)(b), (c), (f), (h) and (i) for “host member State” substitute “host EEA state”;

(b) in sub-paragraph (7)(a) for “member States” substitute “EEA states”.

(1)

S.R. 2005 No. 581; relevant amending Regulations are S.R. 2007 No. 185

(2)

Paragraph (1) was substituted by regulation 16(3) of S.R. 2007 No. 185