PART IXMISCELLANEOUS AND SUPPLEMENTARY

Regulations and orders

Assembly etc. control of orders and regulations288

1

Subject to the following provisions of this Article—

a

any orders made under this Order by a Northern Ireland department, and

b

any regulations made under this Order,

are subject to negative resolution.

2

Orders and regulations to which this paragraph applies—

a

must be laid before the Assembly after being made; and

b

take effect on such date as may be specified in the order or regulations, but (without prejudice to the validity of anything done thereunder or to the making of a new order or new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the order or regulations are approved by a resolution of the Assembly.

3

Paragraph (2) applies to—

a

regulations under Article 2(5)(b) (power to extend meaning of employer);

F1aa

regulations under Article 34A(10) or 34B(13) (Article 34 contribution notices: “the material detriment test”);

F5aaa

regulations under Article 34E(2)(a) (Article 34 contribution notice: constitution of resources of employer);

aab

regulations under Article 34E(2)(b) (Article 34 contribution notice: valuation of resources of employer);

F2ab

regulations under Article 35A(5), 35B(8) or 39B(8) (contribution notices and financial support directions: bulk transfers);

F3b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

regulations under Article 151 (modification of Chapter 3 of Part III where liabilities discharged during the assessment period);

d

regulations under Article 157 (the initial levy);

e

regulations under Article 158 (pension protection levies);

f

an order or regulations under Article 191 (the PPF Ombudsman);

g

regulations under Article 192 (reference of reviewable matter to the PPF Ombudsman);

h

regulations under Article 193 (investigation by PPF Ombudsman of complaints of maladministration);

F4ha

the first regulations under Article 200A(4)(a) and (b) (funding and investment strategy: matters to be taken into account etc and level of detail);

hb

the first regulations under Article 200B(2)(d) (Part 2 of statement of strategy: additional matters to be included);

hc

the first regulations under Article 200B(8)(a) and (b) (Part 2 of statement of strategy: matters to be taken into account etc and level of detail);

i

regulations under Article 214 (combined pension forecasts);

j

regulations under Article 215 (information and advice to employees);

F6ja

regulations under Article 215A (qualifying pensions dashboard service);

jb

regulations under Article 215D (information from occupational pension schemes);

jc

regulations under Article 215G (compliance with regulations under Article 215D);

k

an order under Article 220(1) (power to provide for minimum fraction of member-nominated trustees or directors to be one-half);

l

regulations which make provision by virtue of Article 238(2)(f) (power to make amendments etc. to certain statutory provisions);

m

regulations which make provision by virtue of Article 286(b) (power to provide for contravention of regulations to be criminal offence);

n

an order under Article 290(2) (power to make consequential amendments to statutory provisions);

o

an order under paragraph 24(8) of Schedule 6 (power to vary percentage of periodic compensation that can be commuted); or

p

an order under paragraph 30(1) of that Schedule (power to vary percentage paid as compensation from the Pension Protection Fund).

4

Paragraph (1) does not apply to—

a

an order under Article 1 (title and commencement);

b

an order under Article 86(7) (commencement of code of practice);

c

an order under Article 110(2) (schemes winding up before day appointed by order not eligible schemes for purposes of Part III); or

d

an order under Article 165(10) (order appointing day after which losses of non-trust schemes are relevant for fraud compensation purposes).

5

This paragraph applies to any regulations or orders made under this Order which—

a

but for paragraph (6), would be subject to negative resolution, and

b

are contained in a statutory rule which includes any regulations or order subject to the confirmatory procedure.

6

Any regulations or orders to which paragraph (5) applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.

7

Orders made under this Order by a Minister of the Crown are subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.

8

In this Article “the confirmatory procedure” means the procedure described in paragraph (2).