The Occupational Pension Schemes (Consultation by Employers) (Modification for Multi-employer Schemes) Regulations (Northern Ireland) 2006

Statutory Rules of Northern Ireland

2006 No. 4

PENSIONS

The Occupational Pension Schemes (Consultation by Employers) (Modification for Multi-employer Schemes) Regulations (Northern Ireland) 2006

Made

11th January 2006

Coming into operation

2nd February 2006

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 280(1)(b) and 287(1) and (3) of the Pensions (Northern Ireland) Order 2005(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Occupational Pension Schemes (Consultation by Employers) (Modification for Multi-employer Schemes) Regulations (Northern Ireland) 2006 and shall come into operation on 2nd February 2006.

(2) In these Regulations “the Order” means the Pensions (Northern Ireland) Order 2005.

Modification of powers under Articles 236 and 238 of the Order

2.—(1) In their application to multi-employer schemes, Articles 236 (consultation by employers: occupational pension schemes) and 238 (further provisions about regulations relating to consultation) of the Order shall be modified in accordance with paragraphs (2) and (3).

(2) Any reference in those Articles to the trustees or managers of an occupational pension scheme is to be treated as if it included a reference to any other person who under the rules of a multi-employer scheme has power to make a decision in relation to the scheme.

(3) “Multi-employer scheme” has the meaning given by Article 280(4) of the Order (modification of the Order in relation to certain categories of schemes).

Sealed with the Official Seal of the Department for Social Development on 11th January 2006.

L.S.

John O'Neill

A senior officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations)

These Regulations modify Articles 236 and 238 of the Pensions (Northern Ireland) Order 2005 (“the Order”) in their application to occupational pension schemes in relation to which there is more than one employer. Those Articles already enable regulations to be made which apply to any person who is the trustee or manager of an occupational pension scheme. The modifications made by these Regulations enable regulations made under those Articles to extend to any other person who has power to make decisions in relation to a multi-employer scheme.

As these Regulations make 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.

(1)

S.I. 2005/255 (N.I. 1)