2000 No. 382

PENSIONS

The Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations (Northern Ireland) 2000

Made

Coming into operation

The Department for Social Development, in exercise of the powers conferred by sections 2(2) and (2A), 109(1), 164(1) and (4), and 170(1) to (5), (7) and (9), 176(4), 177(2) to (4) and 178(1) of the Pension Schemes (Northern Ireland) Act 19931 and Articles 10(3), 17(4)(b), 19(4), 27(5)(b), 35(7), 37(10), 40(1) and (2), 41(1) and (6), 47(5), 49(2), 50(7), 56(2)(b), 68(5), 69(6), 75(9), 76(8), 79(2), 85(1), 87(2), 115(2), 122(3) and (4) and 166(1) to (3) of the Pensions (Northern Ireland) Order 19952, and now vested in it3, and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations (Northern Ireland) 2000 and shall come into operation on 31st December 2000.

2

In these Regulations—

  • “the Order” means the Pensions (Northern Ireland) Order 1995;

  • “member” in relation to a Republic of Ireland scheme, means—

    1. a

      a person who is in pensionable service under the scheme (which for the purposes of these Regulations includes a person who is in pensionable service under a secondment);

    2. b

      a person (other than one who is in pensionable service) who has accrued rights to benefit under the scheme either by virtue of pensionable service under the scheme or by virtue of a transfer credit or a pension credit, or

    3. c

      a person who is entitled to the present payment of pension or other benefits under the scheme;

  • “pension credit” means a credit under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 19994;

  • “pension credit rights” means such rights within the meaning of Article 1215;

  • “Republic of Ireland scheme” means an occupational pension scheme established in the Republic of Ireland under an irrevocable trust which has, or has had, at least one member in pensionable service in Northern Ireland or which has at least one member who has pension credit rights and which has at least one member who is, or has been, in pensionable service in the Republic of Ireland and which is a scheme—

    1. a

      that is wholly or primarily administered in the Republic of Ireland;

    2. b

      to which section 611(3) of the Income and Corporation Taxes Act 19886 (split approved schemes) applies and which has been approved by the Commissioners of Inland Revenue under any provisions of that Act relating to the approval of occupational pension schemes for the purposes of tax or which has applied for such approval and whose application has not yet been determined, and

    3. c

      which has been approved under any provisions in force under the law of the Republic of Ireland relating to the approval of occupational pension schemes for the purposes of tax or which has applied for such approval and whose application has not yet been determined.

3

Subject to paragraph (4), the Interpretation Act (Northern Ireland) 19547 shall apply to these Regulations as it applies to an Act of the Assembly.

4

For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

5

In these Regulations any reference to a numbered Article is a reference to the Article of the Order bearing that number.

Exemption of Republic of Ireland schemes—general provision2

A Republic of Ireland scheme shall be—

a

exempt from the requirements of any provision of the Order which is listed in the Schedule, and

b

subject to the exemptions from the requirements of any regulations which are provided for by regulations 6 to 12.

Exemption of Republic of Ireland schemes from Article 273

For the purposes of Article 27 (trustees not to be auditor or actuary of the scheme), references in that Article to a trustee of a trust scheme shall not include a trustee of any scheme which is a Republic of Ireland scheme.

Information to be given to members4

1

The trustees or managers of a Republic of Ireland scheme shall—

a

in relation to any member who is resident in Northern Ireland on the date on which these Regulations come into operation, or who becomes resident in Northern Ireland after that date, notify that person in writing within the period of 12 months commencing on that date, or within the period of 12 months commencing on the date on which the member became resident in Northern Ireland, whichever is the later, and

b

in relation to any person who is resident in Northern Ireland and who becomes a member of a Republic of Ireland scheme after the date on which these Regulations come into operation, notify that person in writing within the period of 2 months commencing on the date on which that person became a member of the scheme,

that the scheme is a Republic of Ireland scheme and that it is exempt, from requirements of the Order or of any regulations, as provided for by these Regulations.

2

Any information which the trustees or managers of a Republic of Ireland scheme are required to provide under paragraph (1) to a member who is not employed in any employment to which the scheme relates shall be treated as having been provided by them if it was sent by ordinary post to that member at his last known address.

Penalties5

Where any person fails, without reasonable cause, to comply with any of the requirements imposed by regulation 4, the Occupational Pensions Regulatory Authority may require that person to pay, within the period ending 28 days after the date of its imposition, a penalty which shall—

a

in the case of an individual, not exceed £1,000, and

b

in any other case, not exceed £10,000.

Amendment of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations6

1

The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations (Northern Ireland) 19968 shall be amended in accordance with paragraphs (2) and (3).

2

In regulation 4(1) (exceptions from member-nominated trustee requirements), after sub-paragraph (m) there shall be added—

or

n

which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations (Northern Ireland) 2000.

3

In regulation 6(1) (exceptions from member-nominated director requirements), after sub-paragraph (n) there shall be added—

or

o

which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations (Northern Ireland) 2000.

Amendment of the Occupational Pension Schemes (Investment) Regulations7

1

The Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 19969 shall be amended in accordance with paragraphs (2) and (3).

2

After regulation 2(2)(b) (schemes to which restrictions on employer-related investments do not apply) there shall be added—

c

which are Republic of Ireland schemes within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations (Northern Ireland) 2000.

3

After regulation 10(3)(c) (exemptions from Article 35) there shall be inserted—

cc

a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations (Northern Ireland) 2000;

Amendment of the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations8

After regulation 2(2) of the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations (Northern Ireland) 199710 (requirement of trustees or managers to obtain documents) there shall be inserted—

2A

The requirement to obtain accounts in accordance with paragraph (1)(a) or an auditor’s statement in accordance with paragraph (1)(b) shall not apply to any scheme which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations (Northern Ireland) 2000.

Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations9

In regulation 12(2) of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 199711 (requirement for trustees to keep books and records) at the end there shall be added “or to a scheme which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations (Northern Ireland) 2000.”.

Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations10

In regulation 2(2) of the Occupational Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 199712 (application of the Regulations) after sub-paragraph (a) there shall be inserted—

aa

which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations (Northern Ireland) 2000;

Amendment of the Register of Occupational and Personal Pension Schemes Regulations11

In regulation 1 of the Register of Occupational and Personal Pension Schemes Regulations (Northern Ireland) 199713 (interpretation), after paragraph (1) there shall be inserted—

1A

Regulations 2 to 4 and 6 do not apply to any scheme which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations (Northern Ireland) 2000.

Amendment of the Occupational and Personal Pension Schemes (Levy) Regulations12

After regulation 1(2) of the Occupational and Personal Pension Schemes (Levy) Regulations (Northern Ireland) 199714 (interpretation) there shall be inserted—

2A

These Regulations do not apply to any scheme which is a Republic of Ireland scheme within the meaning of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations (Northern Ireland) 2000.

Sealed with the Official Seal of the Department for Social Development on 6th December 2000.

John O'NeillSenior Officer of theDepartment for Social Development

SCHEDULELegislation from which Republic of Ireland Schemes are exempt

Regulation 2

Provision

Purpose of the provision

Article 1615

Member-nominated trustees

Article 1816

Member-nominated directors

Articles 22-26

Independent Trustees

Article 37

Payment of surplus to employer

Article 47

Professional advisers

Article 50

Resolution of disputes

Article 56

Minimum funding requirement

Article 6817

Power of trustees to modify schemes by resolution

Article 69

Grounds for applying for modifications

Article 75

Deficiencies in assets

Article 76

Excess assets on winding up

Article 79

Cases where compensation provisions apply

Article 85

Schedules of payments to money purchase schemes

(This note is not part of the Regulations.)

These Regulations make provision in respect of certain occupational pension schemes which are established in the Republic of Ireland but which have, or have had, at least one member in pensionable service in Northern Ireland or which hold pension credit rights in respect of a member (“Republic of Ireland schemes”). In particular, they exempt such schemes from certain requirements imposed by the Pensions (Northern Ireland) Order 1995 (“the Order”) and by certain regulations made under the Pension Schemes (Northern Ireland) Act 1993 (“the Act”) and the Order in relation to occupational pension schemes.

Regulation 1 provides for the citation, commencement and interpretation of the Regulations.

Regulation 2 provides for the exemption of Republic of Ireland schemes from the requirements imposed by the legislative provisions listed in the Schedule and to requirements under those regulations amended by regulations 6 to 12.

Regulation 3 exempts trustees of any scheme which is a Republic of Ireland scheme from the provisions of Article 27 of the Order.

Regulation 4 requires the trustees or managers of Republic of Ireland schemes to give certain information to scheme members.

Regulation 5 prescribes penalties for any failure to comply, without reasonable cause, with the requirement imposed by regulation 4.

Regulations 6 to 12 amend, respectively, the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations (Northern Ireland) 1996, the Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 1996, the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations (Northern Ireland) 1997, the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997, the Occupational Pensions (Disclosure of Information) Regulations (Northern Ireland) 1997, the Register of Occupational and Personal Pension Schemes Regulations (Northern Ireland) 1997 and the Occupational and Personal Pension Schemes (Levy) Regulations (Northern Ireland) 1997, so as to exempt Republic of Ireland schemes from the application of some or all of the provisions of those Regulations.

As these Regulations, in so far as they are made under Part II of the Order, make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain, the requirement for consultation under Article 117(1) of the Order does not apply by virtue of paragraph (2)(e) of that Article.