The Taxation of Pension Schemes (Consequential Amendments of Occupational and Personal Pension Schemes Legislation) Order 2006

Amendment of the Personal and Occupational Pension Schemes (Perpetuities) Regulations (Northern Ireland) 1990

25.—(1) Amend the Personal and Occupational Pension Schemes (Perpetuities) Regulations (Northern Ireland) 1990(1) as follows.

(2) For regulations 3 and 4 (occupational and personal pension schemes that qualify under Article 65) substitute—

“Occupational pension schemes to which section 159 of the Act applies

3.— (1) An occupational pension scheme is a scheme to which section 159 of the Act (exemption of certain schemes from rule against perpetuities) applies at any time when it satisfies the requirements of any of paragraphs (2) to (6).

(2) This paragraph requires the scheme to be a superannuation fund which is treated as becoming a registered pension scheme under section 153(9) of the Finance Act 2004 in accordance with paragraph 1(1)(b) and (3) of Schedule 36 to that Act (deemed registration of existing schemes).

(3) This paragraph requires the scheme to be a superannuation fund to which section 615(3) (exemption from tax in respect of certain pensions) applies, or to which Her Majesty’s Revenue and Customs give relief from income tax under section 614(5) (exemptions and reliefs in respect of income from certain investments etc. of certain pension schemes).

(4) This paragraph requires the scheme to be a trust scheme which is treated as becoming a registered pension scheme under section 153(9) of the Finance Act 2004 in accordance with paragraph 1(1)(f) of Schedule 36 to that Act.

(5) This paragraph requires the scheme, or part of the scheme, to be either—

(a) an occupational pension scheme which is—

(i) registered under section 153 of the Finance Act 2004, or

(ii) to be treated as becoming a registered pension scheme under section 153(9) of the Finance Act 2004 in accordance with paragraph 1(1)(a) of Schedule 36 to that Act.

(6) This paragraph requires the scheme to be an occupational pension scheme and Her Majesty’s Revenue and Customs to be satisfied under section 153 of the Finance Act 2004, that the scheme corresponds to a scheme registered by Her Majesty’s Revenue and Customs for the purposes of Part 4 of that Act.

Personal pension schemes to which section 159 of the Act applies

4.   A personal pension scheme is a scheme to which section 159 of the Act applies at any time when the scheme, or a part of the scheme, is either—

(a) registered under section 153 of the Finance Act 2004, or

(b) to be treated as becoming a registered pension scheme under section 153(9) of the Finance Act 2004 in accordance with paragraph 1(1)(g) of Schedule 36 to that Act.”.

(1)

S.R. (NI) 1990 No. 204; relevant amending Regulations are S.R. (NI) 1994 No. 300 and S.R. (NI) 1996 No. 620.