Pension Schemes (Northern Ireland) Act 1993

64 Unpaid premiums: supplementary. N.I.

[F1 (1) Where a person charged with an offence to which section 63(2) applies is convicted of that offence in his absence under Article 24(2) of the M1 Magistrates’ Courts (Northern Ireland) Order 1981, then if—

(a) it is proved to the satisfaction of the court, on oath or by affidavit or in the manner prescribed by magistrates’ courts rules, that notice under section 63(4) has been duly served specifying the other premiums in respect of which the complainant intends to give evidence; and

(b) the clerk of petty sessions has received a statement in writing purporting to be made by the accused or by a solicitor acting on his behalf to the effect that if the accused is convicted in his absence of the offence charged he desires to admit failing to pay the other premiums so specified or any of them,

section 63(3) and (4) shall have effect as if the evidence had been given and the failure so admitted had been proved, and the court shall proceed accordingly.

(2) Where—

(a) a person is convicted of an offence to which section 63(2) applies; and

(b) an order is made under the M2 Probation Act (Northern Ireland) 1950 placing the offender on probation or discharging him absolutely or conditionally,

subsection (1) and section 63(2) to (4) shall apply as if it were a conviction for all purposes.

(3) Any sum which a person is liable to pay under subsection (1) or section 63(2) to (4) shall be recoverable from him as a penalty.

(4) [F2 contributions equivalent] premiums recovered by the [F3 Inland Revenue] under those provisions shall be treated for all purposes as premiums paid to the [F3 Inland Revenue] in respect of the person in respect of whom they were originally payable.]

Textual Amendments

F1 Ss. 51-64 repealed (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 37 (with savings until 6.4.2019 by S.R. 2016/106, arts. 1(1)(2), 2(7A) and with further savings in art. 2(6)(7)(7B)-(7F) (as amended by S.R. 2016/162, arts. 1, 5))

F2 Words in s. 64 substituted (6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 147, Sch. 3 para. 51; S.R. 1997/192, art. 2(b)

F3 Words in s. 64(4) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 69; S.R. 1999/149, art. 2(c), Sch. 2

Modifications etc. (not altering text)

C1 S. 64 modified (28.3.1997) by S.R. 1997/192, art. 4(2) (with art. 9)

Marginal Citations

M1 S.I. 1981/1675 (N.I. 26).

M2 1950 c. 7 (N.I.).