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The Pensions (Northern Ireland) Order 2005 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
PART II THE PENSIONS REGULATOR
New powers in respect of occupational and personal pension schemes
Powers in relation to winding up of occupational pension schemes
Contribution notices where avoidance of employer debt
34A.Article 34 contribution notice: meaning of “material detriment test”
34B.Article 34 contribution notice issued by reference to material detriment test: defence
34C.Article 34 contribution notice: meaning of “employer insolvency test”
34D.Article 34 contribution notice issued by reference to employer insolvency test: defence
34E.Article 34 contribution notice: meaning of “employer resources test”
34F.Article 34 contribution notice issued by reference to employer resources test: defence
35A.Article 34 contribution notice: transfer of members of the scheme
37.Article 34 contribution notice: relationship with employer debt
Offence of failing to comply with an Article 34 contribution notice
Financial penalty for failure to comply with an Article 34 contribution notice
Articles 34 to 52: partnerships and limited liability partnerships
Financial penalty for conduct risking accrued scheme benefits
Financial penalty for providing false or misleading information to Regulator
Financial penalty for providing false or misleading information to trustees or managers
PART III THE BOARD OF THE PENSION PROTECTION FUND
CHAPTER 2 INFORMATION RELATING TO EMPLOYER'S INSOLVENCY ETC.
Circumstances in which Board assumes responsibility for eligible schemes
Assumption of responsibility for a scheme
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
147.Adjustments to be made where the Board assumes responsibility for a scheme
148.Postponement of compensation entitlement for the assessment period
150.Duty to pay scheme benefits unpaid at assessment date etc.
151.Modification of Chapter where liabilities discharged during assessment period
CHAPTER 5 GATHERING INFORMATION
CHAPTER 6 REVIEWS, APPEALS AND MALADMINISTRATION
PART VI OCCUPATIONAL AND PERSONAL PENSION SCHEMES: MISCELLANEOUS PROVISIONS
Obligations of trustees of occupational pension schemes
222.Power to make regulations governing investment by trustees
224.Requirement for knowledge and understanding: individual trustees
225.Requirement for knowledge and understanding: corporate trustees
225A.Requirement for knowledge and understanding: pension boards of public service pension schemes
226.Requirement for knowledge and understanding: supplementary
226B.Requirement for internal controls: public service pension schemes
Deficiency in assets of certain occupational pension schemes
PART VII CROSS-BORDER ACTIVITIES WITHIN EUROPEAN UNION
UK occupational pension scheme receiving contributions from European employer
263.Occupational pension scheme receiving contributions from European employer
264.General authorisation to accept contributions from European employers
266.Notification of legal requirements of host EEA state outside United Kingdom
267.Duty of trustees or managers to act consistently with law of host EEA state
268A.Exemption from enrolment duty under Part 1 of Pensions ( No. 2) Act (Northern Ireland) 2008
European occupational pension scheme receiving contributions from UK employer
PART IX MISCELLANEOUS AND SUPPLEMENTARY
SCHEDULES
THE RESERVED REGULATORY FUNCTIONS
PART 2 FUNCTIONS UNDER THE 1995 ORDER
4.The power to make an order under Article 3(1) prohibiting...
5A.The power under Article 3A(3) to give a notice waiving...
6.The power to make an order under Article 4(1) suspending...
7.The power to make an order under Article 4(2) extending...
13.The power to give directions to trustees under Article 15....
13A.The duty under Article 23(4), and regulations made thereunder, to...
14.The power under Article 29(5) to give a notice waiving...
15.The power under Article 30(2) to exercise by order the...
15A.The power under Article 58(7) to extend or further extend...
15B.The power under Article 60(7) to extend or further extend...
17.The power to make an order under Article 67H(2) prohibiting,...
18.The power to make an order under Article 69 authorising...
19.The power to make an order under Article 71A modifying...
PART 4 FUNCTIONS UNDER THIS ORDER
22.The power to make an order under Article 16(10) permitting...
23.The power to make a repatriation order under Article 17....
25.The power to make an order under Article 21(3) extending...
26.The power to make an order under Article 22 validating...
29.The power to make an order under Article 27(3) directing...
30.The power to issue a contribution notice under Article 34....
30A.The power to issue a direction under Article 35A(6) to...
32.The power to issue a revised contribution notice under Article...
33.The power to issue a financial support direction under Article...
33A.The power to issue a direction under Article 39A(3) to...
34.The power to issue a contribution notice under Article 43....
36.The power to issue a revised contribution notice under Article...
37.The power to make a restoration order under Article 48....
38.The power to issue a contribution notice under Article 51....
39.The power to issue a notice under Article 66 requiring...
40.The power to make a direction under Article 71(8) extending...
41.The power to make a direction under Article 73(10) extending...
42.The power to make an order under Article 210 modifying...
43.The power to issue a ring-fencing notice under Article 268....
PART 4A Functions under Part 2 of the Pension Schemes Act 2021
PART 4B Functions Under The Pension Schemes Act (Northern Ireland) 2021
TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES TO THE BOARD
1.This Schedule applies where the property, rights and liabilities of an occupational pension scheme are...
2.(1) Subject to sub-paragraph (2), the property, rights and liabilities so transferred include— (a) property,...
3.(1 ) Without prejudice to the generality of Article 145 and subject to sub-paragraph (2),...
4.The transfer is binding on all persons, even if, apart from this paragraph, it would...
5.No person shall have any power, in consequence of the transfer, to terminate or modify...
6.Any reference in any agreement, document or instrument of any description to the trustees or...
7.(1) The Board must take all such steps as may be required to secure that...
PENSION COMPENSATION PROVISIONS
Active members who have not attained normal pension age at assessment date
Deferred members who have not attained normal pension age at assessment date
15.(1) Compensation is payable in accordance with this paragraph where,...
16.(1) This paragraph applies for the purposes of paragraph 15(4)(b)....
17.(1) This paragraph applies for the purposes of paragraph 15(4)(c)....
18.(1) This paragraph applies where— (a) the deferred member dies...
19.(1) Compensation is payable in accordance with this paragraph where,...
Compensation in respect of scheme right to transfer payment or contribution refund
Pension credit members who have not attained normal benefit age at assessment date
Survivors who do not meet conditions for scheme benefits at assessment date
Effect of discharge of liability during or immediately before assessment period
Special provision in relation to certain pensions in payment before the assessment date
Short periods of service which terminate on commencement of assessment period
Power to modify Schedule in its application to certain schemes
1.The issue of a determination notice under Article 107 approving a notice issued under Article...
2.The failure to issue a determination notice under Article 107.
3.The issue of, or failure to issue, a notice under Article 106 by the Board...
3A.The issue of, or failure to issue, a validation notice under regulation 2(5) of the...
3B.The provision of information by the Board under— (a) regulation 3(2) of the Pension Protection...
4.The issue of, or failure to issue— (a) a scheme failure notice under paragraph (2)...
5.Any direction given under paragraph (2) of Article 118 (directions during an assessment period) or...
6.The issue of a notice under Article 120(2) (power to validate contraventions of Article 119).
7.The making of a loan under Article 123(2) (loans to pay scheme benefits), the amount...
7A.Any determination by the Board under Article 125(2) (determination on a review of an ill...
7B.A notice under Article 127(2A) (whether Board will make a determination or obtain an actuarial...
7C.The failure by the Board either to— (a) make a determination under Article 127(2)(a), or...
7D.A determination by the Board under Article 127(2)(a) (whether condition in Article 111(2)(a) or Article...
9.The approval of, or failure to approve, a valuation in respect of an eligible scheme...
10.The issue of, or failure to issue, a withdrawal notice under or by virtue of—...
11.The issue of, or failure to issue, a withdrawal notice under Article 132 (no insolvency...
12.The issue of, or failure to issue, a determination notice under Article 136(3) (whether value...
13.The issue of, or failure to issue, a determination notice under Article 137(6) (authorisation to...
14.Any direction given under Article 138(7) (directions about winding up of scheme with sufficient assets...
14A.A notice under Article 142(3A) (whether Board will make a determination or obtain an actuarial...
14B.The failure by the Board either to— (a) make a determination under Article 142(3)(a), or...
14C.A determination by the Board under Article 142(3)(a) (whether condition in Article 142(1) satisfied).
15.The failure by the Board to give a transfer notice under Article 144.
16.Any determination by the Board of a person's entitlement to compensation under the pension compensation...
16A.Any step taken by the Board under Article 147(4)(a) (adjustments to be made where Board...
16B.Any determination by the Board, or the failure to make a determination, under regulation 6(2)...
16C.Any determination by the Board of a person’s entitlement to compensation under Chapter 1 of...
16D.A determination by the Board that any right of a person to PPF compensation is...
16E.A determination by the Board that the implementation period for a pension compensation credit (within...
16F.The recovery of a charge from a person under regulation 16 of the Pension Protection...
16G.Any determination by the Board, or the failure to make a determination, under regulation 53(1)...
16H.Any determination by the Board, or the failure to make a determination, under regulation 54(2)...
16I.Any direction given by the Board, or the failure to give a direction, under regulation...
17.Any failure by the Board to make a payment required by Article 147(4)(b) (adjustments to...
17A.The making of a payment under Article 150(2) (amount of any pensions or other benefits...
17B.Any determination made by the Board under regulation 16(2) or (5)(b) of the Pension Protection...
18.Any determination by the Board under Article 164(3)(a) (the eligible schemes in respect of which...
19.The amount of the initial levy or any pension protection levy payable in respect of...
19A.Any determination by the Board of an application for the grant of a waiver under...
19B.Any determination by the Board under regulation 19A(7) or (8) of the Pension Protection Fund...
20.The making of a fraud compensation payment under Article 165(1), the amount of any such...
21.The issue of, or failure to issue, a notice under Article 166(2) (scheme rescue not...
22.Any settlement date determined by the Board under Article 167(2) (recovery of value) or the...
23.Any determination by the Board under Article 167(4) (recovery of value: whether amount received in...
24.The making of a payment under Article 169(1) (interim payments), the amount of any such...
25.Any term or condition imposed by the Board— (a) under Article 168(2) on the making...
26.Any determination by the Board under Article 169(3)(b) (interim payments) that the amount of a...
27.Any date determined by the Board under Article 170(4) (earliest date for making a fraud...
28.Any determination by the Board under Article 170(6) (fraud compensation transfer payments: whether payment is...
29.Any determination by the Board under Article 171(7)(a) (occupational pension schemes in respect of which...
30.The amount of any fraud compensation levy payable in respect of an occupational pension scheme...
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