The Pensions (Northern Ireland) Order 2005

Article 81.

SCHEDULE 3 N.I. RESTRICTED INFORMATION HELD BY THE REGULATOR: CERTAIN PERMITTED DISCLOSURES TO FACILITATE EXERCISE OF FUNCTIONS

Persons	Functions
The Department.	Functions under— (a) the Charities Act (Northern Ireland) 1964 (c. 33); (b) Part III of the Pension Schemes Act; or (c) this Order.
The Department of Enterprise, Trade and Investment.	Functions under— (a) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the Insolvency Order, F1 . . . (c) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State.	Functions under— (a) Part XIV of the Companies Act 1985 (c. 6), (b) the Insolvency Act 1986 (c. 45), (c) Part III of the Companies Act 1989 (c. 40), (d) Part I of the Export and Investment Guarantees Act 1991 (c. 67) (apart from sections 5 and 6), (e) Part III of the Pension Schemes Act 1993 (c. 48), (f) Part V of the Police Act 1997 (c. 50), (g) the Financial Services and Markets Act 2000 (c. 8), or (h) the Pensions Act 2004 (c. 35), and functions of co-operating with overseas government authorities and bodies in relation to criminal matters.
The Bank of England.	Any of its functions [F2 , apart from its functions as the Prudential Regulation Authority] .
The [F3 Financial Conduct Authority or the Prudential Regulation Authority].	Functions under— (a) the legislation relating to friendly societies, (b) the Building Societies Act 1986 (c. 53), or (c) the Financial Services and Markets Act 2000 (c. 8).
The Charity Commissioners.	Functions under the Charities Act 1993 (c. 10).
[F4 The Money and Pensions Service.	Functions under— (a) Articles 215A to 215G, or (b) section 3(1)(a) of the Financial Guidance and Claims Act 2018 (c. 10) in relation to the dashboards ecosystem (as defined in Schedule 1 to the Pensions Dashboards Regulations (Northern Ireland) 2022 (S.R. 2022 No. 296)) or a pensions dashboard service.]
The Pensions Regulator Tribunal.	Any of its functions.
[F5 The First-tier Tribunal.	Functions relating to decisions of the Regulator.
The Upper Tribunal.	Functions relating to decisions of the Regulator.]
The Pensions Ombudsman.	Functions under— (a) the Pension Schemes Act, or (b) the Pension Schemes Act 1993 (c. 48).
The Ombudsman for the Board of the Pension Protection Fund.	Any of his functions.
The Comptroller and Auditor General for Northern Ireland.	Any of his functions.
The Comptroller and Auditor General.	Any of his functions.
The Auditor General for Wales.	Any of his functions.
The Auditor General for Scotland.	Any of his functions.
The Commissioners of Inland Revenue or their officers.	Functions under— (a) the Income and Corporation Taxes Act 1988 (c. 1), (b) the Taxation of Chargeable Gains Act 1992 (c. 12), (c) Part III of the Pension Schemes Act 1993, (d) Part III of the Pension Schemes Act, (e) [F6 the Income Tax (Earnings and Pensions) Act 2003 (c. 1), (f) the Income Tax (Trading and Other Income) Act 2005 (c. 5) (so far as relating to functions previously exercised under the Income and Corporation Taxes Act 1988 (c. 1)), F7 . . . (g) Part 4 of the Finance Act 2004 (c. 12).][F8 , or (h) the Income Tax Act 2007 (so far as relating to functions previously exercised under the Income and Corporation Taxes Act 1988).]
The Commissioners of Customs and Excise.	Functions under any enactment.
The Official Receiver for Northern Ireland or the Official Receiver in England and Wales.	Functions under the enactments relating to insolvency.
F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An inspector appointed by the Secretary of State.	Functions under Part XIV of the Companies Act 1985 (c. 6).
A person authorised to exercise powers under— (a) section 447 of the Companies Act 1985, (b) F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) section 84 of the Companies Act 1989 (c. 40).	Functions under those sections F11 . . . .
A person appointed under— (a) section 167 of the Financial Services and Markets Act 2000 (c. 8), (b) section 168(3) or (5) of that Act, or (c) section 284 of that Act, to conduct an investigation.	Functions in relation to that investigation.
A body designated under section 326(1) of that Act.	Functions in its capacity as a bodys designated under that section.
A recognised investment exchange [F12 , recognised clearing house F13 ..., third country central counterparty, recognised CSD, F13 ... or third country CSD] (as defined by section 285 of that Act).	Functions in its capacity as an exchange [F14 , clearing house, central counterparty or central securities depository] recognised under that Act.
A body corporate established in accordance with section 212(1) of that Act.	Functions under the Financial Services Compensation Scheme, established in accordance with section 213 of that Act.
The Panel on Takeovers and Mergers.	Functions under the City Code on Takeovers and Mergers and the Rules Governing Substantial Acquisitions of Shares for the time being issued by the Panel.
The General Insurance Standards Council.	Functions of regulating sales and advisory and service standards in relation to insurance.
A recognised professional body (within the meaning of Article 350 of the Insolvency Order).	Functions in its capacity as such a body under that Order.
A person on whom functions are conferred by or under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (c. 29).	The functions so conferred.
The Counter Fraud and Security Management Service established under the Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002 (S.I. 2002/3039).	Any of its functions.
A recognised professional body (within the meaning of section 391 of the Insolvency Act 1986 (c. 45)).	Functions in its capacity as such a body under that Act.
F15 . . .	F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F16 Any body carrying on activities concerned with any of the matters set out in section 16(2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) F17 . . . (a “relevant body”), any subsidiary [F18 (as defined in section 1159 of the Companies Act 2006) ] of a relevant body and any body established under the constitution of a relevant body or such a subsidiary.	Its functions relating to carrying on activities concerned with any of the following matters— (a) issuing standards to be applied in actuarial work, (b) issuing standards in respect of matters to be contained in reports or other communications required to be produced or made by actuaries or in accordance with standards within paragraph (a), (c) investigating departures from standards within paragraph (a) or (b), (d) taking steps to secure compliance with standards within paragraph (a) or (b), (e) carrying out investigations into public interest cases arising in connection with the performance of actuarial functions by members of the [F19 Institute and Faculty of Actuaries (“the Institute and Faculty”), or persons who are not such members but are subject to the rules of that body in performing actuarial functions (“members”),] (f) holding disciplinary hearings relating to members following the conclusion of investigations within paragraph (e), (g) deciding whether (and, if so, what) disciplinary action should be taken against members to whom hearings within paragraph (f) related, (h) supervising the exercise by the [F20 Institute and Faculty] of— (i) investigatory or disciplinary functions exercised by the [F20 Institute and Faculty]in relation to the performance by their members of actuarial functions, (ii) the setting by the [F20 Institute and Faculty] of standards in relation to the performance by their members of actuarial functions, and (iii) the determining by the [F20 Institute and Faculty] of requirements in relation to the education and training of their members, (i) overseeing or directing any of the matters mentioned in paragraphs (a) to (h), and functions relating to the funding of activities concerned with any of the matters mentioned in paragraphs (a) to (i). Any functions in connection with any levy payable to it under section 17 of the Companies (Audit, Investigations and Community Enterprise) Act 2004.
A member of the panel appointed under paragraph 4 of Schedule 17 to the Financial Services and Markets Act 2000 (c. 8) by the body corporate established by paragraph 2 of that Schedule.	Functions under— (a) Part III, (b) Part 3A, and (c) Part IV of that Schedule.
The Gambling Commission.	Functions under— (a) the Gaming Act 1968 (c. 65), (b) the Lotteries and Amusements Act 1976 (c. 32), and (c) the Gambling Act 2005 (c. 19).]
[F21 The Charity Commission for Northern Ireland.	Functions under the Charities Act (Northern Ireland) 2008.]

F1 Sch. 3: words in the entry relating to "The Department of Enterprise, Trade and Investment." omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 252(10)(a) (with art. 10)

F2 Words in Sch. 3 inserted (1.3.2017) by The Bank of England and Financial Services (Consequential Amendments) Regulations 2017 (S.I. 2017/80), reg. 1, Sch. para. 16(a)

F3 Words in Sch. 3 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 101

F4 Words in Sch. 3 added (28.12.2022) by The Pensions (2005 Order) (Disclosure of Restricted Information by the Pensions Regulator) (Amendment of Specified Persons) Order (Northern Ireland) 2022 (S.R. 2022/301), arts. 1, 2

F5 Sch. 3: entries inserted (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 23 (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2

F6 Sch. 3: words substituted (7.12.2006) in the entry relating to "The Commissioners of Inland Revenue or their officers" by Pensions (2005 Order) (Disclosure of Restricted Information) (Amendment of Specified Persons) Order (Northern Ireland) 2006 (S.R. 2006/444), art. 2(2)(a)

F7 Sch. 3: word repealed (6.4.2007 with effect as mentioned in s. 1034(1) of the amending Act) in the entry relating to the Commissioners of Inland Revenue or their officers by Income Tax Act 2007 (c. 3), ss. 1027, 1031, 1034(1), Sch. 1 para. 608(a), Sch. 3 Pt. 1 (with Sch. 2)

F8 Sch. 3: words inserted (6.4.2007 with effect as mentioned in s. 1034(1) of the amending Act) in the entry relating to the Commissioners of Inland Revenue or their officers by Income Tax Act 2007 (c. 3), ss. 1027, 1034(1), Sch. 1 para. 608(b) (with Sch. 2)

F9 Sch. 3: entry relating to "An inspector appointed by the Department of Enterprise, Trade and Investment." omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 252(10)(b) (with art. 10)

F10 Sch. 3: words in the entry relating to "A person authorised to exercise powers under" omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 252(10)(c)(i) (with art. 10)

F11 Sch. 3: words in the entry relating to "A person authorised to exercise powers under" omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 252(10)(c)(ii) (with art. 10)

F12 Words in Sch. 3 substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 28(2)(a) (with regs. 7(4), 9(1))

F13 Words in Sch. 3 table omitted (31.12.2020) by virtue of The Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/193), regs. 1, 5(10); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Sch. 3 substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 28(2)(b) (with regs. 7(4), 9(1))

F15 Sch. 3: entry relating to the "Gaming Board for Great Britain" omitted (7.12.2006) by virtue of Pensions (2005 Order) (Disclosure of Restricted Information) (Amendment of Specified Persons) Order (Northern Ireland) 2006 (S.R. 2006/444), art. 2(2)(b)

F16 Sch. 3: entries added (7.12.2006) by Pensions (2005 Order) (Disclosure of Restricted Information) (Amendment of Specified Persons) Order (Northern Ireland) 2006 (S.R. 2006/444), art. 2(2)(c)

F17 Sch. 3: words in the entry relating to "Any body carrying on activities concerned with any of the matters set out in section 16(2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004" omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 252(10)(d)(i) (with art. 10)

F18 Sch. 3: words in the entry relating to "Any body carrying on activities concerned with any of the matters set out in section 16(2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004" substituted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 252(10)(d)(ii) (with art. 10)

F19 Words in Sch. 3 substituted (6.4.2012) by the Pensions (2005 Order) (Disclosure of Restricted Information by the Pensions Regulator) (Amendment) Order (Northern Ireland) 2012 (S.R. 2012/110), arts. 1, 2(a)

F20 Words in Sch. 3 substituted (6.4.2012) by the Pensions (2005 Order) (Disclosure of Restricted Information by the Pensions Regulator) (Amendment) Order (Northern Ireland) 2012 (S.R. 2012/110), arts. 1, 2(b)

F21 Words in Sch. 3 added (24.6.2013) by Charities Act (Northern Ireland) 2008 (c. 12), s. 185(1), Sch. 8 para. 12(b); S.R. 2013/145, art. 2, Sch.