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The Pensions (2005 Order) (Commencement No. 3, Appointed Day, Transitional Provisions and Amendment) Order (Northern Ireland) 2005
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Statutory Rules of Northern Ireland
2005 No. 192 (C. 14)
PENSIONS
The Pensions (2005 Order) (Commencement No. 3, Appointed Day, Transitional Provisions and Amendment) Order (Northern Ireland) 2005
Made
5th April 2005
The Department for Social Development, in exercise of the powers conferred on it by Articles 1(2) and (6), 86(7) and 287(3) of the Pensions (Northern Ireland) Order 2005(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 Pensions (2005 Order) (Commencement No. 3, Appointed Day, Transitional Provisions and Amendment) Order (Northern Ireland) 2005.
(2) In this Order –
“the Order” means the Pensions (Northern Ireland) Order 2005;
“the Winding Up Regulations” means the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996(2).
Appointed days
2.—(1) The day appointed for the purposes of Article 86(7) of the Order (procedures for issue and publication of codes of practice) for the coming into effect of the Pensions Regulator Code of Practice No. 1: Reporting breaches of the law is 6th April 2005.
(2) Subject to paragraph (3) the day appointed for the coming into operation of the provisions specified in the Schedule is 6th April 2005.
(3) Notwithstanding the repeals in Article 74 of the 1995 Order (discharge of liabilities by insurance, etc.) mentioned in the Schedule, that Article shall continue to have effect as it applied immediately before 6th April 2005 to any scheme which –
(a)was regarded at that time by virtue of regulation 2 of the Winding Up Regulations as having begun to be wound up for the purposes of those Regulations, or
(b)in accordance with Article 121(4) to (8)(3) of the 1995 Order began to wind up before that date.
(4) In paragraph (3) the reference to a scheme includes a reference to any section of a scheme to which Article 74 of the 1995 Order applies as if it were a scheme by virtue of regulation 12(4) of the Winding Up Regulations.
Amendment of the Pensions (2005 Order) (Commencement No. 2 and Transitional Provisions) Order
3. In Schedule 3 to the Pensions (2005 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005(5) (provisions referred to in Article 5 which are to continue to have effect as if they were in operation immediately before their amendment or repeal by the Order) after the entry in the table relating to Article 101 –
(a)in the first column there shall be inserted “Article 121(1)”, and
(b)in the second column there shall be inserted “Interpretation of Part II”.
Sealed with the Official Seal of the Department for Social Development on 5th April 2005.
L.S.
John O'Neill
A senior officer of the
Department for Social Development
Article 2(2)
SCHEDULEPROVISIONS OF THE ORDER COMING INTO OPERATION ON 6th APRIL 2005
| Provisions of the Order | Subject matter |
|---|---|
| Article 148 | Postponement of compensation entitlement for the assessment period |
The following repeals in Schedule 11 and Article 291 in so far as it relates to them –
| Repeals |
Explanatory Note
(This note is not part of the Order.)
This Order makes further provision for the coming into operation of the Pensions (Northern Ireland) Order 2005 (“the Order”).
Article 1 provides for citation and interpretation.
Article 2 appoints the day, for the purposes of Article 86(7) of the Order, for the coming into effect of the Pensions Regulator Code of Practice No. 1: Reporting breaches of the law as 6th April 2005. It also appoints the day for the coming into operation of certain other miscellaneous provisions set out in the Schedule as 6th April 2005. Article 2 also makes a transitional saving in respect of the repeals in Article 74 of the Pensions (Northern Ireland) Order 1995 made by Schedule 11 to the Order.
Article 3 amends the Pensions (2005 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005 (“the No. 2 Order”). For the purposes of Article 5 of the No. 2 Order, Article 3 adds Article 121(1) of the Pensions (Northern Ireland) Order 1995 to the list of provisions specified in the table in Schedule 3 to the No. 2 Order which shall continue to have effect for particular purposes as they were in operation immediately before their amendment or repeal by the Order.
Note as to Earlier Commencement Orders
(This note is not part of the Order.)
The following provisions of the Pensions (Northern Ireland) Order 2005 have been brought into operation by the Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005 and the Pensions (2005 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005 on the dates shown.
| Provision | Date of Commencement | S.R. No. |
|---|---|---|
| Article 2 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 3 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 4 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 5 | 25th February 2005 | 2005 No. 48 (C. 5) |
| Article 6 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 7 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 166 (C. 12) | |
| Article 8 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| Articles 9 to 13 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 14 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 15 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 16 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 17 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 18 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 19 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 20 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Articles 21 to 25 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 26 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Articles 27 to 31 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 32 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 33 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 34 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Articles 35 and 36 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 37 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 38 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 39 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Articles 40 and 41 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 42 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 43 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Articles 44 and 45 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 46 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 47 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 48 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Articles 49 to 52 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 53 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 54 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 55 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 56 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Articles 57 to 63 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 64 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Articles 65 to 80 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 81 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Articles 82 to 84 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 85 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 86 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 87 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 88 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 89 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 90 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 91 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 92 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Articles 93 to 95 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 96 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 97 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 98 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 99 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 101 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 103 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
| Article 104 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 105 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Articles 106 and 107 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 108 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 109 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 110 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 8th March 2005 | 2005 No. 48 (C. 5) |
| (partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Articles 111 and 112 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Articles 113 and 114 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 115 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 116 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 117 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 118 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 119 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Articles 120 and 121 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 122 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Articles 123 to 125 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 126 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 127 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 128 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Articles 129 to 132 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 133 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 134 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 135 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 136 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 138 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 144 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 145 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 146 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 151 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 156 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 157 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
| Article 158 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 162 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 164 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
| Article 171 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
| Article 172 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 173 | 25th February 2005 | 2005 No. 48 (C. 5) |
| Article 174 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 175 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Articles 176 to 184 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 185 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 186 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 187 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 188 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Articles 189 to 190 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 191 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 198 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 234 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 235 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 240 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Articles 242 and 243 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Articles 247 and 248 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 249 | 25th March 2005 | 2005 No. 166 (C. 12) |
| Articles 252 and 253 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 254 | 25th February 2005 | 2005 No. 48 (C. 5) |
| Articles 255 to 257 (partially) | 25th March 2005 | 2005 No. 166 (C. 12) |
| Articles 255 to 257 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 259 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 262 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 274 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 275 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Article 280 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 8th March 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Article 290 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 166 (C. 12) |
| Article 291 (partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
| (partially) | 1st April 2005 | 2005 No. 166 (C. 12) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 166 (C. 12) |
| Schedule 1 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 25th March 2005 | 2005 No. 166 (C. 12) |
| (partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 166 (C. 12) |
| Schedule 2 | 6th April 2005 | 2005 No. 166 (C. 12) |
| Schedule 3 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Schedule 4 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Schedule 6 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| 6th April 2005 | 2005 No. 48 (C. 5) | |
| Schedule 7 | 6th April 2005 | 2005 No. 48 (C. 5) |
| Schedule 8 (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| Schedule 10 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 25th March 2005 | 2005 No. 166 (C. 12) |
| (partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 166 (C. 12) |
| Schedule 11 (partially) | 25th February 2005 | 2005 No. 48 (C. 5) |
| (partially) | 1st April 2005 | 2005 No. 48 (C. 5) |
| (partially) | 1st April 2005 | 2005 No. 166 (C. 12) |
| (partially) | 6th April 2005 | 2005 No. 48 (C. 5) |
| (partially) | 6th April 2005 | 2005 No. 166 (C. 12) |
(2)
S.R. 1996 No. 621; relevant amending regulations are S.R. 1997 No. 160
(3)
Article 121(4) to (8) was inserted by section 45(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))
(4)
Regulation 12 was amended by paragraph 12 of the Schedule to S.R. 1997 No. 160
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