The Pensions (Northern Ireland) Order 2005

Procedure for issue and publication of codes of practice N.I.

86.—(1) Where the Regulator proposes to issue a code of practice [F1 under Article 85 or 85A] it must prepare and publish a draft of the code.

(2) Where the Regulator publishes a draft under paragraph (1), it must consult—

(a) such persons as it considers appropriate, and

(b) any other persons the Department requires it to consult.

(3) Having considered any representations made on the draft, the Regulator must make such modifications to it as it considers appropriate.

(4) Paragraphs (2) and (3) do not apply—

(a) to a code made for the purpose only of consolidating other codes issued under Article 85 [F2 or 85A], or

(b) to a code if the Department considers consultation inexpedient by reason of urgency.

(5) If the Regulator determines to proceed with a draft, it must send it to the Department which—

(a) if it approves of the draft, must lay it before the Assembly, and

(b) if it does not approve of the draft, must publish details of its reasons for withholding approval.

(6) If, within the statutory period beginning with the day on which the draft code of practice is laid before the Assembly, the Assembly so resolves, no further proceedings may be taken on the draft, but without prejudice to the laying before the Assembly of a new draft.

(7) If no such resolution is passed as is referred to in paragraph (6), the Regulator must issue the code of practice in the form of the draft and the code shall come into operation on such day as the Department may by order appoint.

(8) Without prejudice to Article 287, an order under paragraph (7) may contain such transitional provisions or savings as appear to the Department to be necessary or expedient in connection with the code of practice brought into operation.

(9) The Regulator must arrange for any code issued by it under Article 85 [F3 or 85A] to be published in the way appearing to it to be appropriate.

(10) The Regulator may charge a reasonable fee for providing a person with a copy of a code published under this Article.

(11) This Article applies to a revised code as it applies to the first issue of a code.

Subordinate Legislation Made

P1 Art. 86(7) power partly exercised: 15.2.2006 appointed by S.R. 2006/45, art. 2(1);

30.5.2006 by S.R. 2006/231, art. 2;

22.11.2006 by S.R. 2006/460, art. 2;

24.1.2007 by S.R. 2007/26, art. 2;

28.7.2008 by S.R. 2008/305, art. 2;

26.11.2009 by S.R. 2009/374, art. 2;

29.6.2009 by S.R. 2009/250, art. 2

F1 Words in art. 86(1) inserted (28.4.2014) by Public Service Pensions Act (Northern Ireland) 2014 (c. 2), s. 37(2), Sch. 4 para. 15(2); S.R. 2014/123, art. 4(e)

F2 Words in art. 86(4)(a) inserted (28.4.2014) by Public Service Pensions Act (Northern Ireland) 2014 (c. 2), s. 37(2), Sch. 4 para. 15(3); S.R. 2014/123, art. 4(e)

F3 Words in art. 86(9) inserted (28.4.2014) by Public Service Pensions Act (Northern Ireland) 2014 (c. 2), s. 37(2), Sch. 4 para. 15(3); S.R. 2014/123, art. 4(e)

Modifications etc. (not altering text)

C1 Art. 86(7): 20.9.2013 appointed for specified purposes by S.R. 2013/222, art. 2

C2 Art. 86(7): 21.11.2013 appointed for specified purposes by S.R. 2013/263, art. 2

C3 Art. 86(7): 21.9.2016 appointed by S.R. 2016/330, art. 2