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70.—(1) In the case of a scheme contracted out under section 5(2) of the Act(1), a contracting-out certificate issued before the principal appointed day shall continue to have effect during the period beginning with that day and ending on either—
(a)whichever is the earlier of—
(i)the day before the effective date of a replacement contracting-out certificate issued by the Department, and
(ii)31st January 1998, or
(b)such later date as the Department may in its discretion permit in any particular case,
provided that it is not otherwise cancelled or surrendered and the scheme satisfies all contracting-out conditions or requirements which apply to the scheme from the principal appointed day by virtue of its being a scheme to which section 5(2) of the Act applies.
(2) In the case of a scheme contracted out under section 5(3) of the Act(2), a contracting-out certificate issued before the principal appointed day shall continue to have effect on and after that date provided that it is not cancelled or surrendered and the scheme satisfies all contracting-out conditions or requirements which apply to the scheme from the principal appointed day by virtue of its being a scheme to which section 5(3) of the Act applies.
(3) A contracting-out certificate having effect on or after the principal appointed day by virtue of this regulation, shall have effect in relation to any earner’s service on and after that day as if the certificate were issued by the Department on or after that day.
Section 5(2) was substituted by Article 133(3) of the Pensions (Northern Ireland) Order 1995
Section 5(3) was amended by Article 133(4) of the Pensions (Northern Ireland) Order 1995
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