The Pensions (Northern Ireland) Order 1995

Suspension orders N.I.

4.—(1) The Authority may by order suspend a trustee of a trust scheme—

(a) pending consideration being given to the making of an order against him under Article 3(1),

[F1 (aa) pending consideration being given to the institution of proceedings against him for an offence involving dishonesty or deception,]

(b) where proceedings have been instituted against him for an offence involving dishonesty or deception and have not been concluded,

(c) where a petition has been presented to the court for an order adjudging him bankrupt, or for the sequestration of his estate, and proceedings on the petition have not been concluded [F2 or an application has been made by him for a debt relief order (under Part 7A of the Insolvency (Northern Ireland) Order 1989) and the application has not been determined] ,

(d) where the trustee is a company, if a petition for the winding up of the company has been presented to the court and proceedings on the petition have not been concluded,

(e) where an application has been made to the court for a disqualification order against him under[F3 the Company Directors Disqualification (Northern Ireland) Order 2002] or for such an order under any corresponding enactment for the time being in force in Great Britain and proceedings on the application have not been concluded, or

(f) where the trustee is a company and, if any director were a trustee, the Authority would have power to suspend him under sub-paragraph [F4 (aa),] (b), (c) or (e).

(2) An order under paragraph (1)—

(a) if made by virtue of sub-paragraph (a)[F1 or (aa)] [F5 or, in a case where the Authority would have power to suspend a director under sub-paragraph (aa), by virtue of sub-paragraph (f) ] , has effect for an initial period not exceeding twelve months, and

(b) in any other case, has effect until the proceedings in question are concluded [F6 or, in the case of an application for a debt relief order, the application is determined] ;

but the Authority may by order extend the initial period referred to in sub-paragraph (a) for a further period of twelve months, and any order suspending a person under paragraph (1) ceases to have effect[F1 in relation to a trust scheme] if an order is made against that person under Article 3(1)[F1 in relation to that scheme].

(3) An order under paragraph (1) has the effect of prohibiting the person suspended, during the period of his suspension, from exercising any functions as trustee of any trust scheme to which the order applies; and the order may apply to a particular trust scheme, a particular[F1 description] of trust schemes or trust schemes in general.

(4) An order under paragraph (1) may be made on one of the grounds in sub-paragraphs (b) to (e) whether or not the proceedings were instituted, petition presented or application made (as the case may be) before or after the coming into operation of that paragraph.

(5) The Authority may, on the application of any person suspended under paragraph (1), by order revoke the order, either generally or in relation to a particular scheme or a particular[F1 description] of schemes; but a revocation made at any time cannot affect anything done before that time.

[F1 (5A) An application under paragraph (5) may not be made—

(a) during the period within which the determination to exercise the power to make an order under paragraph (1) may be referred to [F7 a tribunal] under Article 91(3) or 94(7) of the Pensions (Northern Ireland) Order 2005, and

(b) if the determination is so referred, until the reference, and any appeal against [F8 the determination of the tribunal concerned], has been finally disposed of.]

(6) An order under this Article may make provision as respects the period of the trustee's suspension for matters arising out of it, and in particular for enabling any person to execute any instrument in his name or otherwise act for him and for adjusting any rules governing the proceedings of the trustees to take account of the reduction in the number capable of acting.

(7) F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 2005 NI 1

F2 Words in art. 4(1)(c) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 16(2)(a)

F3 2002 NI 4

F4 Word in art. 4(1)(f) inserted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), ss. 45(4), 53(1); S.R. 2015/307, art. 2(1)(i)

F5 Words in art. 4(2)(a) inserted (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), ss. 45(5), 53(1); S.R. 2015/307, art. 2(1)(i)

F6 Words in art. 4(2)(b) inserted (7.3.2016) by The Debt Relief Act (Northern Ireland) 2010 (Consequential Amendments) Order (Northern Ireland) 2016 (S.R. 2016/108), art. 1, Sch. para. 16(2)(b)

F7 Words in art. 4(5A)(a) substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 4(a)(i) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F8 Words in art. 4(5A)(b) substituted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 4(a)(ii) (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F9 Art. 4(7) repealed (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3, 5(2), Sch. 1 para. 4(b), Sch. 3 (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2