Statutory Rules of Northern Ireland
PENSIONS
Made
24th March 2006
Coming into operation
6th April 2006
The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 188(2)(a) and (4)(a) and 189(2) and (5)(a) of the Pensions (Northern Ireland) Order 2005(1).
1. These Regulations may be cited as the Pension Protection Fund (Reviewable Matters and Review and Reconsideration of Reviewable Matters) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 6th April 2006.
2. In Schedule 8 to the Pensions (Northern Ireland) Order 2005 (reviewable matters)—
(a)after paragraph 3A(2) there shall be inserted the following paragraph—
“3B. The provision of information by the Board under—
(a)regulation 3(2) of the Pension Protection Fund (Provision of Information) Regulations (Northern Ireland) 2005(3) (information to be provided by the Board);
(b)regulation 3(2A) of those Regulations; or
(c)regulation 3(9) of those Regulations,
or the failure to provide information under those provisions.”;
(b)after paragraph 16 there shall be inserted the following paragraphs—
“16A. Any step taken by the Board under Article 147(4)(a) (adjustments to be made where Board assumes responsibility for a scheme) to recover the amount of any excess from future pension compensation payments.
16B. Any determination by the Board, or the failure to make a determination, under regulation 6(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006(4) (circumstances where the Board is not required to recover overpaid scheme benefits).”; and
(c)after paragraph 17A(5) there shall be inserted the following paragraph—
“17B. Any determination made by the Board under regulation 16(2) or (5)(b) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006 (recovery of PPF compensation overpayments).”.
3. In the Schedule to the Pension Protection Fund (Reviewable Matters) Regulations (Northern Ireland) 2005(6) (prescribed period for failure) after paragraph 13 there shall be inserted the following paragraph—
“13A. Paragraph 16B | 13A. The period beginning with the date on which the Board has sufficient information to make a determination under regulation 6(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006 to the date on which the Board makes a determination under that provision.”. |
4.—(1) The Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations (Northern Ireland) 2005(7) shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 3(3) (time for making an application for a review decision)—
(a)the word “or” after sub-paragraph (i) shall be omitted; and
(b)after sub-paragraph (j) there shall be added—
“or
(k)the issue of a validation notice under regulation 2(5) of the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005(8) (schemes which are not eligible schemes)”.
(3) In the Schedule (interested person)—
(a)after paragraph 3 there shall be inserted the following paragraph—
“3A. Paragraph 3B | 3A.—(a) the insolvency practitioner; and (b)the trustees or managers of the scheme.”. |
(b)after paragraph 16 there shall be inserted the following paragraphs—
“16A. Paragraph 16A | 16A. The person in respect of whom the determination is made. |
16B. Paragraph 16B | 16B. The member, or the person in respect of a member, to whom Article 147(4)(a) refers.”; and |
(c)after paragraph 18 there shall be inserted the following paragraph—
“18A. Paragraph 17B | 18A. The person to whom regulation 16(1) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006 refers.”. |
Sealed with the Official Seal of the Department for Social Development on 24th March 2006.
L.S.
John O'Neill
A senior officer of the
Department for Social Development
(This note is not part of the Regulations)
These Regulations amend the Pensions (Northern Ireland) Order 2005 (“the Order”), the Pension Protection Fund (Reviewable Matters) Regulations (Northern Ireland) 2005 (“the Reviewable Matters Regulations”) and the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations (Northern Ireland) 2005 (“the Review and Reconsideration Regulations”).
Regulation 2 amends Schedule 8 to the Order by inserting four further reviewable matters in respect of—
the provision of information by the Board of the Pension Protection Fund (“the Board”) under regulation 3(2), (2A) or (9) of the Pension Protection Fund (Provision of Information) Regulations (Northern Ireland) 2005, or the failure to provide such information;
any step taken by the Board under Article 147(4)(a) of the Order to recover the amount of any excess from future pension compensation payments;
any determination by the Board, or a failure to make a determination, under regulation 6(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006 (“the General Regulations”); and
any determination made by the Board under regulation 16(2) or (5)(b) of the General Regulations.
Regulation 3 amends the Reviewable Matters Regulations to provide for the period during which a failure by the Board to make a determination under regulation 6(2) of the General Regulations must occur.
Regulation 4 amends the Review and Reconsideration Regulations. Paragraph (2) adds the issue of a validation notice under regulation 2(5) of the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005 to the list of matters in respect of which the Board cannot give a review decision if the application for such a decision is made out of time. Paragraph (3) amends the Schedule to the Review and Reconsideration Regulations and specifies the interested persons in respect of the reviewable matters inserted by regulation 2 of these Regulations.
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 to consult under Article 289(1) of the Order does not apply by virtue of paragraph (2)(e) of that Article.
S.I. 2005/255 (N.I. 1); Part III is modified in its application to partially guaranteed schemes, hybrid schemes and multi-employer schemes by, respectively, S.R. 2005 Nos. 55, 84 and 91 (as amended by S.R. 2005 Nos. 194 and 357)
Paragraph 3A was inserted by regulation 4(a) of S.R. 2005 No. 127
S.R. 2005 No. 129; relevant amending Regulations are S.R. 2006 No. 140
Paragraph 17A was inserted by regulation 4(b) of S.R. 2005 No. 127
S.R. 2005 No. 127, to which there are amendments not relevant to these Regulations
S.R. 2005 No. 138, to which there are amendments not relevant to these Regulations
S.R. 2005 No. 126; regulation 2(5) was amended by regulation 2(3)(c) of S.R. 2005 No. 364