The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations (Northern Ireland) 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010 (“the 2010 Regulations”).

Regulation 2(2) amends regulation 1 of the 2010 Regulations to provide that they come into operation on 1st July 2012 instead of 1st October 2012.

Regulation 2(3) inserts Part 7A (regulations 32A to 32K) into the 2010 Regulations to make detailed provision with regard to certification under section 28 of the Pensions (No. 2) Act (Northern Ireland) 2008 (“the Act”)—

• regulation 32A provides that a scheme satisfies the relevant quality requirement if the certificate is given in accordance with regulations 32B to 32D;

• regulations 32B to 32D make provision in relation to the giving of a certificate, the period it is in force, the keeping of records and the provision of information;

• regulations 32E to 32G and 32I prescribe alternative quality requirements in relation to which a certificate may be given;

• regulation 32H sets out circumstances in which, where a certificate has been given, a scheme is not to be treated as having satisfied the relevant quality requirement in the Act;

• regulation 32J sets out provisions in relation to the giving of a certificate with respect to schemes that have their main administration in an EEA state other than the United Kingdom;

• regulation 32K sets out definitions for Part 7A.

Regulation 2(4) substitutes regulation 35 of the 2010 Regulations to include conditions to be satisfied by certain defined benefits schemes to be used as automatic enrolment schemes.

Regulation 2(5) amends regulation 36 of the 2010 Regulations to provide that the minimum rate for revaluation of benefits in a scheme which provides for average salary benefits must be an annual increase in line with the increase in the general level of prices or 2.5% whichever is the lesser (with a variation for such schemes which have members on 1st July 2012).

The Pensions (2012 Act) (Commencement No. 1) Order (Northern Ireland) 2012 (S.R. 2012 No. 233 (C. 19)) provides for the coming into operation of section 33(2) of the Pensions Act (Northern Ireland) 2012 (c. 3 (N.I.)), which amends section 59 of the Act, one of the enabling provisions under which these Regulations are made, on 7th June 2012.

As these Regulations, in so far as they are made under the Pensions (Northern Ireland) Order 1995, 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 117(1) of that Order does not apply by virtue of paragraph (2)(e) of that Article.