- Latest available (Revised)
- Point in Time (01/04/2015)
- Original (As made)
Point in time view as at 01/04/2015.
The Pensions (Northern Ireland) Order 1995, Section 50 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
50.—(1) The trustees or managers of an occupational pension scheme must secure that dispute resolution arrangements complying with the requirements of this Article are made and implemented.
(2) Dispute resolution arrangements are arrangements for the resolution of pension disputes.
(3) For this purpose a pension dispute is a dispute which—
(a)is between—
(i)the trustees or managers of a scheme, and
(ii)one or more persons with an interest in the scheme (see Article 50A),
(b)is about matters relating to the scheme, and
(c)is not an exempted dispute (see paragraph (9)).
(4) The dispute resolution arrangements must provide a procedure—
(a)for any of the parties to the dispute mentioned in paragraph (3)(a)(ii) to make an application for a decision to be taken on the matters in dispute ( “an application for the resolution of a pension dispute”), and
(b)for the trustees or managers to take that decision.
(4A) The dispute resolution arrangements may make provision for securing that an application for the resolution of a pension dispute may not be made to the trustees or managers unless—
(a)the matters in dispute have been previously referred to a person of a description specified in the arrangements (“the specified person”) in order for him to consider those matters, and
(b)the specified person has given his decision on those matters,
and for enabling the specified person's decision to be confirmed or replaced by the decision taken by the trustees or managers on the application, after reconsidering those matters.
(5) Where an application for the resolution of a pension dispute is made in accordance with the dispute resolution arrangements, the trustees or managers must—
(a)take the decision required on the matters in dispute within a reasonable period of the receipt of the application by them, and
(b)notify the applicant of the decision within a reasonable period of it having been taken.
(5A) In a case where a reference is made to the specified person in accordance with provision made under paragraph (4A), paragraph (5) applies in relation to the specified person as it applies in relation to the trustees or managers in a case where an application for the resolution of a pension dispute is made to them.
(6) The procedure provided for by the dispute resolution arrangements in pursuance of paragraph ( 4 ) must include the provision required by Article 50B.
(7) Dispute resolution arrangements under paragraph (1) must, in the case of existing schemes, have effect on and after the date of the coming into operation of this Article in relation to applications made on or after that date.
(8) This Article does not apply in relation to an occupational pension scheme if—
(a)every member of the scheme is a trustee of the scheme,
(b)the scheme has no more than one member, or
(c)the scheme is of a prescribed description.
(9) For the purposes of this Article a dispute is an exempted dispute if—
(a)proceedings in respect of it have been commenced in any court or tribunal,
(b)the Pensions Ombudsman has commenced an investigation in respect of it as a result of a complaint made or a dispute referred to him, or
(c)it is of a prescribed description.
(10) If, in the case of an occupational pension scheme, the dispute resolution arrangements required by this Article to be made—
(a)have not been made, or
(b)are not being implemented,
Article 10 applies to any of the trustees or managers who have failed to take all reasonable steps to secure that such arrangements are made or implemented.]
F1Arts. 50, 50A, 50B substituted (12.3.2008 for specified purposes, otherwise 6.4.2008) for art. 50 by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 250 (as amended (11.2.2008) by Pensions Act (Northern Ireland) 2008 (c. 1), s. 14) (with savings in art. 285(5) and S.R. 2008/116, reg. 5(1)(2)); S.R. 2008/104, art. 2
Modifications etc. (not altering text)
C1Art. 50 restricted (1.4.2015) by The Health and Social Care Pension Scheme (Transitional and Consequential Provisions) Regulations (Northern Ireland) 2015 (S.R. 2015/122), regs. 1, 27(3)(a)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.