http://www.legislation.gov.uk/id/nisr/2005/48/schedule

http://www.legislation.gov.uk/nisr/2005/48/schedule/part/7/made

The Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005

Pensions

Occupational pensions

Paternity leave

Government Printer for Northern Ireland

2016-09-12

PENSIONS

This Order provides for the coming into operation of provisions of the Pensions (Northern Ireland) Order 2005 (“the Order”) on the following dates –25th February 2005 for provisions relating relating to the Pensions Regulator and the Board of the Pension Protection Fund, and certain other provisions, including Article 254 of the Order, which makes amendments relating to the Pensions Compensation Board;25th February 2005 for the purpose only of authorising the making of regulations or orders relating to the definition of “eligible scheme” for the purposes of the Board of the Pension Protection Fund and modification of the Order in relation to certain categories of pension schemes. The provisions in question are brought fully into operation on 8th March 2005;25th February 2005 for the purpose only of authorising the making of regulations relating to various levies for the Pensions Regulator, the Pensions Ombudsman and the Board of the Pension Protection Fund. The provisions in question are brought fully into operation on 1st April 2005;25th February 2005 for the purpose only of authorising the making of regulations, orders or rules relating in particular to the functions of the Pensions Regulator and the Board of the Pension Protection Fund. The provisions in question are brought fully into operation on 6th April 2005;8th March 2005 for the purpose of modification of the Order in relation to certain categories of scheme;1st April 2005 for other provisions relating to levies in relation to the Pensions Regulator and the Board of the Pension Protection Fund, and6th April 2005 for provisions relating in particular to the functions of the Pensions Regulator and the Board of the Pension Protection Fund and provisions relating to adoption leave.

SCHEDULE

PART 7provisions of the order coming into operation on 6th april 2005

Provisions of the Order	Subject matter
In so far as not already brought into operation, Articles 15, 17, 19, 20, 26, 32, 34 except paragraphs (4) and (7)(g), 39 except paragraph (7)(e), 40, 41, 48, 53, 55, 56, 64, 88, 92, 97, 98, 104, 106, 107, 109, 110, 113, 114, 117, 118 except paragraph (2)(d), 119, 122 except paragraph (10)(a), 123, 124, 125, 127, 129 to 132, 134 except paragraph (6)(d), 135 except paragraph (a) of the definition of “audited scheme accounts” in paragraph (8) and paragraph (12)(a), 136, 151, 162 except paragraph (1)(b), 185, 188 except paragraph (5), 190 and 235	Provisions relating to the Regulator, the Board of the Pension Protection Fund and miscellaneous provisions
Article 3(1)(a), (3) and (4)	Regulator’s functions
Article 4(1) and (2)	Regulator’s objectives
Article 6	Transfer of OPRA’s functions to the Regulator
Articles 9 to 13	Powers in respect of occupational and personal pension schemes
Article 14, except paragraphs (3)(b) and (4)(b)	Pension liberation: interpretation
Article 16(1), (2), (3)(a) and (b) and (4) to (11)	Pension liberation: restraining orders
Article 18	Powers to wind up occupational pension schemes
Articles 21 to 25, 27 and 28	Provisions relating to freezing orders
Articles 29 to 31 and 33	Trustees of occupational pension schemes
Articles 35, 36, 37(1) to (9), (10)(a) to (e), (11) and (12), and 38(1), (2)(a) and (b) and (3) to (5)	Contribution notices where avoidance of employer debt
Article 42	Financial support directions: clearance statements
Article 43(1) to (3), (4)(a) to (f), and (5)	Contribution notices where non-compliance with financial support direction
Articles 44 and 45 Article 46(1) to (9), (10)(a) to (e) and (11)	The sum specified in an Article 43 contribution notice, content and effect of such a notice Article 43 contribution notice: relationship with employer debt
Article 47	Articles 39 to 46: interpretation
Articles 49 to 52	Transactions at an undervalue
Article 54	Regulator’s right to apply under Article 367 of the Insolvency Order
Articles 57 to 63	Register of schemes, register of prohibited trustees and collecting information relevant to the PPF
Articles 65 to 84 (except Article 81(2))	Duty to report breaches of the law, provisions on reports and on information
Article 85(1), (2)(a) to (j) and (3) to (7)	Codes of practice
Article 86(9) to (11)	Procedure for issue and publication of codes of practice
Article 87	Revocation of codes of practice
Article 89	Publication of procedure in relation to regulatory functions
Article 90(1)(a) and (b)(i), (2) and (3)	Application of standard and special procedure
Article 91(1) to (5), (6)(a) to (t) and (v)	Standard procedure
Articles 93 to 95	Special procedure, compulsory review, and duty to have regard to the interests of members etc.
Article 96(1), (2)(a) to (c) and (3) to (5)	Powers to vary or revoke orders, notices or directions etc.
Article 99	Redetermination etc. by the Tribunal
Article 105(1) to (4), (6), (8), (9)(a) and (10) to (12)	Insolvency event, insolvency date and insolvency practitioner
Article 108	Board’s duty where there is a failure to comply with Article 106
Article 111	Duty to assume responsibility for schemes following insolvency event
Article 112	Duty to assume responsibility for schemes following application or notification
Article 115	Protected liabilities
Article 116 except paragraph (6)	Assessment periods
Article 120	Power to validate contraventions of Article 119
Article 121	Board to act as creditor of the employer
Article 126	Articles 124 and 125: interpretation
Article 128	Approval of valuation
Article 133	Circumstances in which Board ceases to be involved with an eligible scheme
Article 138(1), (2)(a) and (c) and (6) to (15)	Requirement to wind up schemes with sufficient assets to meet protected liabilities
Article 144(1) to (3), (5), (6), and (7) in so far as that paragraph relates to Article 156(1)	Transfer notice
Article 145(2)(c)	Effect of Board assuming responsibility for a scheme
Article 156(1)	Relationship with fraud compensation regime
Article 158(2)(a)(i) and (iii) and (3)(a)	Definition of risk-based pension protection levy
Article 174, and Article 175 in so far as it relates to Article 174	Entry of premises, and penalties
Article 176	Warrants
Article 177	Offence of providing false or misleading information to the Board
Article 178	Use of information
Articles 179 to 184	Disclosure of information
Article 186(1) and (2)	Articles 172 to 185: interpretation
Article 187	Publishing reports etc.
Article 198	Backdating the winding up of eligible schemes
Article 234	Conditions for pension protection on transfer of employment
Article 240	Increase in age at which short service benefit must be payable
Article 242	Paternity leave and adoption leave
Article 243	Inalienability of occupational pension
Article 252	Jurisdiction
Article 253	Investigations
Articles 255 to 257	Annual increases in rates of certain occupational and personal pensions
Article 259	Meaning of “working life” in the Pension Schemes Act
Article 262	Meaning of “stakeholder pension scheme”
Article 274(4) and (5)(b)	Disclosure of state pension information
Article 275	Information obtained by the Regulator
Schedule 1, paragraph 1 and Article 3(2) in so far as it relates to that paragraph	The Regulator
Schedule 3	Restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions
Schedule 4, paragraphs 2(2)(f) to (h) and 3 and Article 101(3) in so far as it relates to those paragraphs	The Board of the Pension Protection Fund
Schedule 6, and Article 146, in so far as not already brought into operation	Pension compensation provisions
Schedule 7	Restricted information held by the Board: certain permitted disclosures to facilitate exercise of functions
Schedule 8, paragraphs 1 to 19 and Article 188 in so far as it relates to those paragraphs	Reviewable matters
Schedule 10, paragraphs 19(a) and (c), 20, 21, 70(2)(a) and (4) and Article 290(1) in so far as it relates to those paragraphs	Minor and consequential amendments
Schedule 11, in so far as it relates to – the Pensions (Northern Ireland) Order 1995, the specified repeals in Articles 51(1), 54(3), and 158(1); the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, section 50; and Article 291 in so far as it relates to those provisions	Repeals