Pension Schemes (Northern Ireland) Act 1993

97J Time for compliance with transfer notice. N.I.

(1) Trustees or managers of a qualifying scheme who receive a transfer notice shall comply with the notice—

[F1 (a) in the case of an application that relates to benefits other than money purchase benefits, within 6 months beginning with the valuation date, and

(b) in the case of an application that relates to money purchase benefits, within 6 months of the date on which the notice is given.]

(2) The Regulatory Authority may, in prescribed circumstances, [F2 by direction,] extend the period for complying with the notice.

[F3 (2A) Regulations may extend the period for complying with the notice in prescribed circumstances.]

[F4 (2AA) Subsection (1) does not apply if the trustees or managers have been unable to carry out what the member requires because a condition prescribed by regulations under section 97F(5A) has not been satisfied.]

[F5 (2AB) Subsection (1) does not apply if—

(a) the member was required by section 97G(4) to make an application under section 91(1) in addition to giving a transfer notice, and

(b) the trustees or managers have been unable to carry out what the member required in the application under section 91(1) because a condition prescribed by regulations under section 91(6ZA) has not been satisfied.]

[F6 (2B) Subsection (1) does not apply if—

(a) the trustees or managers have been unable to carry out the check required by section 51 of the Pension Schemes Act 2015 by reason of factors outside their control, or

(b) the trustees or managers have carried out the check required by section 51 of the Pension Schemes Act 2015 but the check did not confirm that the member had received appropriate independent advice.]

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the trustees or managers of an occupational pension scheme have failed to comply with a transfer notice before the end of the period for compliance—

(a) they shall, except in prescribed cases, notify the Regulatory Authority of that fact within the prescribed period, and

(b) Article 10 of the Pensions (Northern Ireland) Order 1995 (power of the Regulatory Authority to impose civil penalties) shall apply to any trustee or manager who has failed to take all such steps as are reasonable to ensure that the notice was complied with before the end of the period for compliance.

(5) If trustees or managers to whom subsection (4)(a) applies fail to perform the obligation imposed by that provision, Article 10 of the Pensions (Northern Ireland) Order 1995 shall apply to any trustee or manager who has failed to take all such steps as are reasonable to ensure that the obligation was performed.

(6) Regulations may—

(a) make provision [F8 requiring applications for extensions under subsection (2) to meet prescribed requirements] , and

(b) provide that subsection (4) shall not apply in prescribed circumstances.

[F9 (7) In subsection (1)(a), “valuation date” means the date by reference to which the amount shown in the relevant statement under section 97H is determined.]

Textual Amendments

F1 S. 97J(1)(a)(b) substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 64(2) (with s. 87)

F2 Words in s. 97J(2) inserted (6.4.2006) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), art. 1(2), Sch. 10 para. 11(a); S.R. 2006/95, art. 2(c), Sch. Pt. 3

F3 S. 97J(2A) inserted (3.3.2015 for specified purposes, 6.4.2015 in so far as not already in force) by Pension Schemes Act 2015 (c. 8), s. 89(1)(b)(3)(b), Sch. 4 para. 64(3) (with s. 87)

F4 S. 97J(2AA) inserted (30.11.2021) by Pension Schemes Act 2021 (c. 1), s. 131(2)(d)(3)(c), Sch. 11 para. 13(7); S.R. 2021/300, art. 2(b)

F5 S. 97J(2AB) inserted (30.11.2021) by Pension Schemes Act 2021 (c. 1), s. 131(2)(d)(3)(c), Sch. 11 para. 13(8); S.R. 2021/300, art. 2(b)

F6 S. 97J(2B) inserted (6.4.2015) by Pension Schemes Act 2015 (c. 8), ss. 53(3), 89(1)(b)(3)(b) (with s. 87)

F7 S. 97J(3) repealed (6.4.2005) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), art. 1(2), Sch. 11; S.R. 2005/166, art. 2(6), Sch. 1

F8 Words in s. 97J(6)(a) substituted (6.4.2006) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), art. 1(2), Sch. 10 para. 11(b); S.R. 2006/95, art. 2(c), Sch. Pt. 3

F9 S. 97J(7) substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 64(4) (with s. 87)