The Pensions (Northern Ireland) Order 2005 No. 255 (NI. 1)

PART VII N.I. CROSS-BORDER ACTIVITIES WITHIN EUROPEAN UNION

UK occupational pension scheme receiving contributions from European employer N.I.

Occupational pension scheme receiving contributions from European employer N.I.

263.—(1) The trustees or managers of an occupational pension scheme must not accept any contribution to the scheme from a European employer unless all the following conditions are met.

(2) Condition A is that the trustees or managers of the scheme are authorised by the Regulator under Article 264.

(3) Condition B is that the trustees or managers of the scheme are approved by the Regulator under Article 265 in relation to the European employer.

(4) Condition C is that either—

(a) the period of two months beginning with the date on which the Regulator notified the trustees or managers of the scheme under Article 265(2)(a)(ii) has expired, or

(b) before the end of that period, the trustees or managers have received information forwarded to them by the Regulator in accordance with Article 266(1).

(5) If the trustees or managers of a scheme fail to comply with paragraph (1), Article 10 of the 1995 Order (civil penalties) applies to any trustee or manager who has failed to take all reasonable steps to secure compliance.

(6) In this Part—

• “European employer” has the prescribed meaning;

• [F1 “host EEA state”] , in relation to a European employer, means [F2 an EEA state] determined in accordance with regulations.

F1 Words in art. 263(6) substituted (26.11.2007) by Occupational Pension Schemes (EEA States) Regulations (Northern Ireland) 2007 (S.R. 2007/457), reg. 5(4)(a)

F2 Words in art. 263(6) substituted (26.11.2007) by Occupational Pension Schemes (EEA States) Regulations (Northern Ireland) 2007 (S.R. 2007/457), reg. 5(4)(b)