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Statutory Rules of Northern Ireland

1994 No. 17 (C. 1)

PENSIONS

The Pension Schemes (1993 Act) (Commencement No. 1) Order (Northern Ireland) 1994

Made

19th January 1994

The Department of Health and Social Services, in exercise of the powers conferred on it by section 186(2) and (3) of the Pension Schemes (Northern Ireland) Act 1993(1) and of all other powers enabling it in that behalf, hereby makes the following order:

Citation and interpretation

1.—(1) This order may be cited as the Pension Schemes (1993 Act) (Commencement No. 1) Order (Northern Ireland) 1994.

(2) In this order any reference to a numbered section or Schedule is a reference to the section of, or, as the case may be, the Schedule to, the Pension Schemes (Northern Ireland) Act 1993.

(3) The Interpretation Act (Northern Ireland) 1954(2) shall apply to this order as it applies to a Measure of the Northern Ireland Assembly.

Appointed day

2.  The day appointed for the coming into operation of the Pension Schemes (Northern Ireland) Act 1993, with the exception of—

(a)Part II of Schedule 4 (provisions relating to equal access) and section 182(1) so far as it relates to it; and

(b)Schedule 6 (re-enactment or amendment of certain provisions not in force) and section 184 so far as it relates to it,

is 7th February 1994.

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.

R. McMurray

Assistant Secretary

19th January 1994.

Explanatory Note

(This note is not part of the Order.)

This order brings into operation on 7th February 1994, subject to minor exceptions, the Pension Schemes (Northern Ireland) Act 1993 (“the Act”). The exceptions are Part II of Schedule 4 (repeal of equal access requirements) and Schedule 6 (re-enactment or amendment of certain provisions not in force).

The Act, which consolidates in relation to Northern Ireland certain enactments relating to pension schemes, includes some provisions which are not yet in operation or not fully in operation. Schedule 8 to the Act identifies those provisions and makes transitory modifications. In particular paragraph 3(1) of that Schedule provides that sections 98 to 103 relating to annual increases of pensions in payment (limited price indexation) shall have effect only for the purposes of section 104. Paragraphs 2 and 4 to 8, which deal with the rule against perpetuities, guaranteed minimum pensions for women paying reduced rate contributions, judicial pensions and friendly societies, omit, or in the case of paragraph 7, substitute, certain words in the Act until the day appointed for the coming into operation of those provisions.