The Occupational Pension Schemes (Winding Up) (Amendment) Regulations (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Regulations.)

These Regulations make certain revocations and amend regulation 3 of the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996 (“the Winding Up Regulations”) in relation to salary related occupational pension schemes which begin to be wound up on or after the date on which these Regulations come into operation (“the commencement date”) and before the end of the transitional period, which is defined in the Winding Up Regulations.

Regulation 3 of the Winding Up Regulations modifies Article 73(3) of the Pensions (Northern Ireland) Order 1995 (“the Order”), which sets out the priority order in which the assets of a scheme are to be applied, when it is wound up, towards satisfying the liabilities in respect of pensions and other benefits.

Regulation 1 provides for citation, commencement, interpretation and application.

In relation to schemes which begin to be wound up on or after the commencement date and before the end of the transitional period, regulation 2 revokes regulation 3(5) of the Winding Up Regulations and regulation 4(3) of the Pension Sharing (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2000 which amended regulation 3(5) of the Winding Up Regulations.

Regulation 3 amends regulation 3 of the Winding Up Regulations. Paragraph (a) makes the changes to the priority order apply to schemes which begin to be wound up on or after the commencement date and before the end of the transitional period. Paragraph (b) amends the priority order. Paragraphs (c) and (d) make consequential amendments.

As these Regulations make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Work and Pensions 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.