Pension Schemes (Northern Ireland) Act 1993

1(1)If—N.I.

(a)no date has been appointed as the date on which a provision mentioned in column 1 of the following Table is to come into operation before the commencement date, or

(b)a date has been appointed which is later than the commencement date,

then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect until the appointed day.

TABLE

ProvisionParagraph of this Schedule
(i) Article 65(7) of the M1Social Security Pensions (Northern Ireland) Order 1975.Paragraph 2.
F1(ii). . .F1. . .
F1(iii). . .F1. . .
F1(iv). . .F1. . .
F1(v). . .F1. . .
(vi) Section 82(3) of the M2Courts and Legal Services Act 1990.Paragraph 5.
(vii) Article 6(3) of the M3Judicial Pensions (Northern Ireland) Order 1991.Paragraph 6
(viii) Paragraph 23 of Schedule 16 to the M4Friendly Societies Act 1992.Paragraph 7(1) and (3).
(ix) Paragraph 22 of Schedule 21 to the Friendly Societies Act 1992.Paragraph 7(4).
(x) Paragraph 23 of Schedule 21 to the Friendly Societies Act 1992.Paragraph 7(2).
(xi) Paragraph 13 of Schedule 8 to the M5Judicial Pensions and Retirement Act 1993.Paragraph 8(1).
(xii) Paragraph 19(1) of Schedule 8 to the Judicial Pensions and Retirement Act 1993.Paragraph 8(2).
(xiii) Paragraph 19(2) of Schedule 8 to the Judicial Pensions and Retirement Act 1993.Paragraph 8(3).

(2)If—

(a)a date has been appointed as the date on which a provision mentioned in column 1 of the Table in sub-paragraph (1) is to come into operation for some purposes of that provision but not for others, and

(b)that date is on or before the commencement date,

then the paragraph mentioned in column 2 of the Table opposite that provision shall have effect for those other purposes of that provision (in so far as it is capable of doing so) until the relevant appointed day.

(3)In this paragraph—

  • “the commencement date”, means the date on which the provisions of this Act other than those mentioned in subsection (3) of section 186 come into operation by virtue of an order under subsection (2) of that section;

  • “the appointed day”, in relation to a provision mentioned in column 1 of the Table in sub-paragraph (1), means—

    (a)

    in the case mentioned in sub-paragraph (1)(a), such day as may be appointed for the purposes of that provision by order for the purpose of that provision—

(i)in the case of the [F2provision mentioned in paragraph (i)] of that Table, by the Department;

(ii)in the case of the provision mentioned in paragraph (vi) of that Table, by the Lord Chancellor or by the Secretary of State, or by both acting jointly;

(iii)in the case of the provision mentioned in paragraph (vii) of that Table, by the Lord Chancellor;

(iv)in the case of the provision mentioned in paragraphs (viii) to (x) of that Table, by the Treasury; and

(v)in the case of the provisions mentioned in paragraphs (xi) to (xiii) of that Table, by the appropriate Minister (within the meaning of section 30(1) of the Judicial Pensions and Retirement Act 1993); and

(b)in the case mentioned in sub-paragraph (1)(b), the day appointed as the day on which that provision is to come into operation.

(4)An order under sub-paragraph (3) may—

(a)appoint different days for different provisions or for different purposes of the same provision;

(b)in the case of an order appointing a day until which paragraph 2 has effect, may make such transitional provision or savings as appear to the Department to be necessary or expedient in connection with section 159(9), and may make such adaptations of that section or of any provision of this Act deriving from the M6Social Security Act 1973 as appear to the Department to be necessary or expedient in consequence of the postponed (or partly postponed) operation of that section (whether before on or after the day appointed by the order);

(c)in the case of an order appointing a day until which paragraph 5 has effect, may contain such incidental, supplemental or transitional provisions or savings as the person making it considers expedient;

(d)in the case of an order appointing a day until which paragraph 7 has effect, may make such transitional provision or savings (whether or not involving the modification of any statutory provision) as appear to the Treasury necessary or expedient in connection with the bringing into operation of the words which have effect by virtue of that order;

(e)in the case of an order appointing a day until which paragraph 8 has effect, may make such transitional, consequential, supplementary or incidental provision or savings (whether or not involving the modification of the operation of the M7Judicial Pensions and Retirement Act 1993 or any other enactment) as appear to the appropriate Minister (within the meaning of section 30(1) of that Act) to be necessary or expedient for the purposes of, or in connection with, the bringing into operation of the provisions which have effect by virtue of that order;

and in sub-paragraph (2) “the relevant appointed day”, in relation to any purpose of a provision, means the day appointed as the day on which the provision is to come into operation for that purpose.

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The Treasury may by regulations make such transitional and consequential provisions and such savings as they consider necessary or expedient in preparation for, or in connection with, or in consequence of, the coming into operation of the words which come into operation when paragraph 7 ceases to have effect, and such regulations may make modifications of any enactment contained in the M8Friendly Societies Act 1992 or in any other Act.

Textual Amendments

F1Sch. 8 para. 1(1) Table (ii)-(V) repealed (6.4.1997) by S.I. 1995/3213 (N.I. 22), arts. 165, 168, Sch. 4 para. 16(2)(a), Sch. 5 Pt. IV; S.R. 1997/192, art. 2(b)

F2Sch. 8 para. 1(3); words in para. (a)(i) of the definition of “the appointed day” substituted (6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 165, Sch. 4 para. 16(2)(b); S.R. 1997/192, art. 2(b)

Marginal Citations