The Welfare Reform and Pensions (Northern Ireland) Order 1999

Article 8.

SCHEDULE 1 N.I. APPLICATION OF THE PENSION SCHEMES ACT AND THE PENSIONS ORDER TO REGISTERED SCHEMES

1.—(1) The provisions specified in sub-paragraph (2) shall apply as if any pension scheme established under a trust which— N.I.

(a) is not an occupational pension scheme; but

(b) is or has been registered under Article 4,

were an occupational pension scheme.

(2) The provisions are—

Head (a) rep. by 2005 NI 1

(b) the following provisions of Part II of the Pensions Order—

(i) Articles 3 to 11F1 . . . and 15 (supervision by the Authority)[F1 except Articles 7(5A)(b), 8(1)(a) and (c) and (2), 11(3A) and (3B) and 15(1)];

(ii) Articles 27 to[F1 30] (trustees: general);

(iii) Articles 32 to 36 and 39 (functions of trustees)F1 . . . ;

(iv) Article 41 (functions of trustees or managers);

[F1 (v) Article 47 (professional advisers);]

(vi) Article 49 (receipts, payment and records) except paragraphs (5) and (8) to (13);

(vii) F2 Article 50 (resolution of disputes);

(viii) Article 68 (power of trustees to modify scheme by resolution) except paragraph (3);

Sub Head (ix) rep. by 2005 NI 1

(x) Articles 89, 90 and 92 (assignment and forfeiture etc.) except Article 89(5)(d);

Sub Head (xi)‐(xiii) rep. by 2005 NI 1

(xiv) Article 114 (overriding requirements); and

(xv) Articles 121 and 122 (interpretation). [F3 ; and

(c) the following provisions of the Pensions (Northern Ireland) Order 2005—

(i) Article 2 (interpretation);

(ii) Article 62 (accessibility of register of prohibited trustees);

(iii) Chapters 4 and 5 of Part III (fraud compensation and information gathering); and

(iv) Articles 224 to 226 (requirements for knowledge and understanding).]

(3) Article 47(9) of the Pensions Order (as applied by sub-paragraph (1)) shall have effect as if the reference to any person who is or has been the employer were a reference to any person who, in pursuance of Article 5(5), is or has been required—

(a) to deduct an employee's contributions to the scheme from his remuneration; and

(b) to pay them to the trustees or managers of the scheme or to a prescribed person.

(4) Article 68 of the Pensions Order (as so applied) shall have effect as if the purposes specified in paragraph (2) of that Article included enabling the conditions set out in Article 3 to be fulfilled in relation to the scheme.

(5) Article 121(1) of the Pensions Order[F1 , and Article 2(2) of the Pensions (Northern Ireland) Order 2005,] (as so applied) shall have effect as if the definition of “member” were omitted.

[F1 (6) Chapters 4 and 5 of Part III of the Pensions (Northern Ireland) Order 2005 (as so applied) shall have effect with such modifications as the Department may prescribe by regulations.]

F1 2005 NI 1

F2 prosp. subst. by 2005 NI 1

F3 Sch. 1 para. 1(2)(c) and preceding words inserted (30.6.2005 for certain purposes, 1.9.2005 for certain purposes, otherwise 6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 290(1), Sch. 10 para. 70(3); S.R. 2005/321, art. 2(12)(16), Sch. Pt. 3; S.R. 2005/411, art. 2(4), Sch. Pt. 1; S.R. 2006/95, art. 2(c), Sch. Pt. 3

Paras. 2, 3 rep. by 2005 NI 1