Pensions Act (Northern Ireland) 2008

PART 3 N.I. SAVINGS

Issue and cancellation etc. of certificates for periods before the abolition date N.I.

60  Nothing in the relevant amendments and repeals affects the continued operation of any regulations in force under section 3(1) and (7) of the Pension Schemes Act (issue of certificates) immediately before [F1 6 April 2012] in relation to the issue of a certificate having effect for a period before [F1 6 April 2012] . N.I.

Textual Amendments

F1 Words in Sch. 4 para. 60 substituted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 78(2)

61—(1) Nothing in the relevant amendments and repeals affects the continued operation of section 30 of the Pension Schemes Act (cancellation, variation, surrender and refusal of certificates), or any regulations in force under it immediately before [F2 6 April 2012] , for the purposes of a retrospective act. N.I.

(2) In sub-paragraph (1) “a retrospective act” means the cancellation, variation, surrender or refusal of a certificate, or the issue of an amended certificate, where—

(a) the certificate was in force for a period beginning before [F3 6 April 2012] (or, in the case of a refusal of a certificate, would have related to such a period if it had been issued), and

(b) the cancellation, variation, surrender, refusal or issue—

(i) is made after [F4 6 April 2012] , but

(ii) has effect from a date before that date.

(3) An amended certificate issued by virtue of this paragraph must provide for it to cease to have effect as from [F5 6 April 2012] .

(4) In this paragraph and paragraph 60 “a certificate” means an appropriate scheme certificate or a contracting-out certificate in respect of a money purchase contracted-out scheme, and each of those terms has the meaning given by section 176(1) of the Pension Schemes Act.

Textual Amendments

F2 Words in Sch. 4 para. 61(1) substituted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 78(2)

F3 Words in Sch. 4 para. 61(2)(a) substituted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 78(2)

F4 Words in Sch. 4 para. 61(2)(b)(i) substituted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 78(2)

F5 Words in Sch. 4 para. 61(3) substituted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 78(2)

62  Nothing in the relevant amendments and repeals affects the continued operation of section 160(2) of the Pension Schemes Act (persons employed by or under the Crown to be treated as employed earners for the purposes of certain provisions) in relation to the provisions of that Act saved by paragraphs 60 and 61. N.I.

63  Nothing in the relevant amendments and repeals affects the continued operation of section 172(2)(b)(ii) of the Pension Schemes Act (administrative expenses of the Department, other than those arising out of certain provisions, to be paid out of the National Insurance Fund into the Consolidated Fund) in relation to the estimated administrative expenses of the Department in carrying into effect the provisions of that Act saved by paragraphs 60 and 61. N.I.

Determination of question whether scheme was appropriate scheme N.I.

64  Nothing in the relevant amendments and repeals affects the continued operation of any regulations in force under section 3(6) of the Pension Schemes Act (issue of certificates) immediately before [F6 6 April 2012] . N.I.

Textual Amendments

F6 Words in Sch. 4 para. 64 substituted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 78(2)

Preservation of earner's chosen scheme N.I.

65—(1) Nothing in the relevant amendments and repeals— N.I.

(a) prevents the giving of a preceding tax year notice, or

(b) otherwise affects the operation of section 40 of the Pension Schemes Act in relation to such a notice.

(2) In sub-paragraph (1) a “preceding tax year notice” means a notice within section 40(1) of the Pension Schemes Act which is given on or after [F7 6 April 2012] but in which the date specified in accordance with that provision falls before [F7 6 April 2012] .

Textual Amendments

F7 Words in Sch. 4 para. 65(2) substituted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 78(2)

Interpretation etc. N.I.

66  In this Part— N.I.

F8 ...

“the relevant amendments and repeals” means—

(a)

the amendments and repeals made by Part 1 of this Schedule, and

(b)

the consequential repeals and revocations in Part 6 of Schedule 6.

Textual Amendments

F8 Words in Sch. 4 para. 66 omitted (6.4.2016 unless brought into operation earlier by an order under s. 53(1) of the amending Act) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 78(3)