The Pensions (Northern Ireland) Order 2005

Overriding requirements N.I.

279.—(1) Where any provision mentioned in paragraph (2) conflicts with the provisions of an occupational or personal pension scheme—

(a) the provision mentioned in paragraph (2), to the extent that it conflicts, overrides the provisions of the scheme, and

(b) the scheme has effect with such modifications as may be required in consequence of sub-paragraph (a).

(2) The provisions referred to in paragraph (1) are those of—

(a) any order made by the Regulator under Part II;

(b) any regulations made under Article 15(7);

(c) any regulations made under Article 17(4);

(d) any regulations made under Article 20(7);

[F1 (da) any direction issued by the Regulator under Article 35A(6);]

(e) any direction issued by the Regulator under Article 37(4);

[F2 (ea) any direction issued by the Regulator under Article 39A(3);]

(f) any direction issued by the Regulator under Article 46(4);

(g) Part III (other than Chapter 1), any orders or regulations made under that Part and any direction given under Article 118 or 138;

(h) Part IV and any orders or regulations made under that Part;

(i) any regulations made under Article 214;

(j) Articles 218 and 219, any regulations made under Articles 218 to 220 and any arrangements under Articles 218 and 219;

(k) Articles 224 and 225 and any regulations made under Articles 224 to 226;

(l) Articles 233 and 235;

(m) any ring-fencing notice issued by the Regulator under Article 268;

(n) any regulations made under Article 2(5) or (6), 280, 281 or 287(4) and any order made under Article 1(6).

(3) Paragraph (1) is without prejudice to Article 28(1) (overriding effect of freezing orders made by the Regulator) and Article 138(12) (overriding effect of requirement to wind up pension scheme under Part III).

(4) In the case of a company to which Article 219 (requirement for member-nominated directors of corporate trustees) applies, where any provision mentioned in paragraph (5) conflicts with the provisions of the company's memorandum or articles of association—

(a) the provision mentioned in paragraph (5), to the extent that it conflicts, overrides the provisions of the memorandum or articles, and

(b) the memorandum or articles have effect with such modifications as may be required in consequence of sub-paragraph (a).

(5) The provisions referred to in paragraph (4) are those of—

(a) Article 219;

(b) any regulations made under Article 219 or 220;

(c) any arrangements under Article 219.

F1 Art. 279(2)(da) inserted (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 103, 118(1)(2)(h)(3)(a)(v)(vi)(b), Sch. 8 para. 11(a)

F2 Art. 279(2)(ea) inserted (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 103, 118(1)(2)(h)(3)(a)(v)(vi)(b), Sch. 8 para. 11(b)

Commencement Information

I1 Art. 279 partly in operation; art. 279 not in operation at date of making see art. 1(2); art. 279(1)(2)(a)-(g)(l)(n)(3) in operation at 1.9.2005 by S.R. 2005/411, art. 2(4), Sch. Pt. 1; art. 279(2)(h)(m) in operation for certain purposes at 6.12.2005 and wholly in operation at 30.12.2005 by S.R. 2005/543, art. 2(1), Sch. Pt. 1; art. 279(2)(j)(k)(4)(5) in operation at 6.4.2006 by S.R. 2006/95, art. 2(c), Sch. Pt. 3