2019 No. 193
The Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019
Made
Coming into force in accordance with regulation 1
The Secretary of State for Work and Pensions makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1Introduction
Citation and commencement1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019 and come into force on exit day.
PART 2Amendment of Acts and Orders in Council
Amendment of the Pension Schemes (Northern Ireland) Act 19932
1
The Pension Schemes (Northern Ireland) Act 19932 is amended as follows.
2
3
In section 15 (discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts)5, in subsection (4)(a)(i) omit “or any other EEA state”.
4
In section 145 (procedure on an investigation)6, in subsection (6)—
a
in paragraph (k), omit “, EEA central counterparty” and “, EEA CSD”;
b
in paragraph (m)7, omit “other than the United Kingdom”.
5
In section 154A (other disclosures by the Department)8, in the table in subsection (1), in the entry beginning “A recognised investment exchange”—
a
in column 1 omit “, EEA central counterparty” and “, EEA CSD”;
b
in column 2, for the words from “or central securities depository” to the end of the entry substitute “, central securities depository or central counterparty”.
6
In section 161 (application of certain provisions to cases with foreign element)9, in subsection (6), for “territory of the member States” substitute “United Kingdom”.
7
In section 175A (insurer and long-term insurance business)10, in subsection (1) omit paragraph (b) and the “or” before it.
Amendment of the Pensions (Northern Ireland) Order 19953
1
The Pensions (Northern Ireland) Order 199513 is amended as follows.
2
In Article 49 (other responsibilities of trustees, employers, etc.), in paragraph (8A)14—
a
omit sub-paragraph (b);
b
in sub-paragraph (c), omit the words after “Bank of England”.
Amendment of the Welfare Reform and Pensions (Northern Ireland) Order 19994
1
The Welfare Reform and Pensions (Northern Ireland) Order 199915 is amended as follows.
2
In Schedule 5 (pension credits: mode of discharge), in paragraph 6(2)(a) (qualifying arrangements), omit “or any other EEA state”.
Amendment of the Pensions (Northern Ireland) Order 20055
1
The Pensions (Northern Ireland) Order 200516 is amended as follows.
2
In Article 68 (inspection of premises), in paragraph (2)(a), in the list of provisions—
a
in the parenthetical description of Article 230, for “non-European” substitute “non-UK”;
b
omit “Part VII (cross-border activities within European Union);”.
3
In Article 82 (other permitted disclosures), for paragraph (2)(h) substitute—
h
in pursuance of retained EU law.
4
In Article 183 (other permitted disclosures), for paragraph (2)(g) substitute—
g
in pursuance of retained EU law.
5
In Article 226A (requirement for internal controls)17, omit paragraph (4).
6
In Article 230 (non-European scheme to be trust with UK-resident trustee)18—
a
in the heading, for “Non-European” substitute “Non-UK”;
b
in paragraphs (1) and (6), for “EEA states” substitute “United Kingdom”.
7
In Article 231 (representative of non-European scheme to be treated as trustee)19—
a
in the heading, for “non-European” substitute “non-UK”;
b
in paragraph (1), for “EEA states” substitute “United Kingdom”.
8
Omit Part 7 (cross-border activities within European Union)20.
9
In Article 280(2) (modification of this Order in relation to certain categories of schemes) omit sub-paragraph (e) and the “and” before it.
10
In Schedule 3 (restricted information held by the Regulator) and Schedule 7 (restricted information held by the Board)21, in the entry in the table relating to a recognised investment exchange, in the first column omit “, EEA central counterparty” and “, EEA CSD”.
Amendment of the Pensions (No. 2) Act (Northern Ireland) 20086
1
The Pensions (No. 2) Act (Northern Ireland) 200822 is amended as follows.
2
In section 18 (occupational pension schemes)—
a
omit paragraph (b);
b
in paragraph (c), for “an EEA State” substitute “the United Kingdom”.
3
In section 78 (interpretation of Part 1), omit the definition of the “IORP Directive”.
Amendment of the Pension Schemes Act (Northern Ireland) 20167
1
The Pension Schemes Act (Northern Ireland) 201623 is amended as follows.
2
In section 42 (regulatory own fund schemes exempt from indexation), in subsection (3), for inserted paragraphs (9) and (10) substitute—
9
In paragraph (1)(a)(ii) “regulatory own fund scheme” means a scheme where the scheme and not any employer in relation to that scheme—
a
underwrites any liability to cover against biometric risk,
b
guarantees an investment performance, or
c
guarantees a level of benefits.
10
In paragraph (9)—
“biometric risk” means liability risks linked to death, disability and longevity;
“employer” has the meaning given by Article 2(2) of the Pensions (Northern Ireland) Order 2005.
PART 3Amendment of secondary legislation
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 19968
1
The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 199624 are amended as follows.
2
In regulation 1(2)—
a
omit the definitions of “EEA agreement” and “EEA state”;
b
in the definition of “overseas scheme”, for “EEA states” substitute “United Kingdom”.
Amendment of the Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 19969
1
The Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 199625 are amended as follows.
2
In regulation 1(2)—
a
omit the definitions of “EEA agreement” and “EEA state”;
b
in the definition of “overseas scheme”—
i
in paragraph (a), for “EEA states” substitute “United Kingdom”;
ii
omit paragraph (b) and the “or” before it.
Amendment of the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 199610
1
The Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 199626 are amended as follows.
2
In regulation 10, omit paragraph (1)(d).
Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 199711
1
The Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 199727 are amended as follows.
2
In regulation 1(2), in the definition of “qualifying insurance policy” omit paragraph (b) and the “or” before it.
3
In regulation 11—
a
in paragraph (3)(a) omit “or the central bank of another EEA State”;
b
omit paragraph (4)(a).
4
In regulation 15, omit paragraph (2)(b) and the “or” before it.
Amendment of the Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 199712
1
The Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 199728 are amended as follows.
2
In regulation 2—
a
omit paragraph (1)(b) and the “or” before it;
b
in paragraph (2), omit “and (b)”.
Amendment of the Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 200013
1
The Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 200029 are amended as follows.
2
In regulation 11—
a
omit paragraph (1)(b) and the “or” before it;
b
in paragraph (2), omit “and (b)”.
Amendment of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 200014
1
The Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 200030 are amended as follows.
2
In regulation 5—
a
omit paragraph (3)(b) and the “or” before it;
b
in paragraph (4), omit “and (b)”.
Amendment of the Stakeholder Pension Schemes Regulations (Northern Ireland) 200015
1
The Stakeholder Pension Schemes Regulations (Northern Ireland) 200031 are amended as follows.
2
In regulation 1(3), in the definition of “insurer”, omit paragraph (b) and the “or” before it.
Amendment of the Occupational and Personal Pension Schemes (General Levy) Regulations (Northern Ireland) 200516
1
The Occupational and Personal Pension Schemes (General Levy) Regulations (Northern Ireland) 200532 are amended as follows.
2
In regulation 1(2), omit the definition of “cross-border section 615 scheme”.
3
In regulation 2(1), omit “, other than such a scheme which is a cross-border section 615 scheme,”.
Amendment of the Register of Occupational and Personal Pension Schemes Regulations (Northern Ireland) 200517
1
The Register of Occupational and Personal Pension Schemes Regulations (Northern Ireland) 200533 are amended as follows.
2
In regulation 1(2), omit the definition of “scheme undertaking cross-border activities”.
3
In regulation 2(1), omit sub-paragraph (c) and the “or” before it.
4
In regulation 3(1), omit sub-paragraph (j) and the “and” before it.
Amendment of the Pension Protection Fund (PPF Ombudsman) Order (Northern Ireland) 200518
1
The Pension Protection Fund (PPF Ombudsman) Order (Northern Ireland) 200534 is amended as follows.
2
In Article 5(2)(j), omit “, an EEA central counterparty” and “, EEA CSD”.
Amendment of the Occupational Pension Schemes (Employer Debt) Regulations (Northern Ireland) 200519
1
The Occupational Pension Schemes (Employer Debt) Regulations (Northern Ireland) 200535 are amended as follows.
2
In regulation 4(1), omit sub-paragraph (g)(ii) and the “and” before it.
Amendment of the Occupational Pension Schemes (Winding up, etc.) Regulations (Northern Ireland) 200520
1
The Occupational Pension Schemes (Winding up, etc.) Regulations (Northern Ireland) 200536 are amended as follows.
2
In regulation 3(1), omit sub-paragraph (h)(ii) and the “and” before it.
Amendment of the Pensions Regulator (Contribution Notices and Restoration Orders) Regulations (Northern Ireland) 200521
1
The Pensions Regulator (Contribution Notices and Restoration Orders) Regulations (Northern Ireland) 200537 are amended as follows.
2
In regulation 2(1), omit sub-paragraph (i)(ii) and the “and” before it.
Amendment of the Occupational Pension Schemes (Trust and Retirement Benefits Exemption) Regulations (Northern Ireland) 200522
1
The Occupational Pension Schemes (Trust and Retirement Benefits Exemption) Regulations (Northern Ireland) 200538 are amended as follows.
2
In regulation 1(2), omit the definition of “scheme undertaking cross-border activities”.
3
Omit regulation 1A.
Amendment of the Pension Schemes (Categories) Regulations (Northern Ireland) 200523
1
The Pension Schemes (Categories) Regulations (Northern Ireland) 200539 are amended as follows.
2
In regulation 1(2), omit the definitions of “EEA agreement” and “EEA state”.
3
In regulation 2, omit paragraph (2)(b) but not the final “and”.
Amendment of the Occupational Pension Schemes (Scheme Funding) Regulations (Northern Ireland) 200524
1
The Occupational Pension Schemes (Scheme Funding) Regulations (Northern Ireland) 200540 are amended as follows.
2
In regulation 2(1), omit the definitions of “EEA agreement” and “EEA state”.
3
For regulation 17(1)(d) substitute—
d
a scheme which is treated as such by virtue of paragraph 4 or 5 of Schedule 2 and applies to members in employment outside the United Kingdom;
4
In Schedule 2—
a
in paragraph 4, in sub-paragraphs (2)(b) and (d)(i) and (3)(a), for “EEA states” in each place where it occurs substitute “United Kingdom”;
b
omit paragraph 6 (schemes undertaking cross-border activities).
Amendment of the Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 200525
1
The Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 200541 are amended as follows.
2
In regulation 1(2)—
a
in the definition of “qualifying insurance policy”, omit paragraph (b) and the “or” before it;
b
omit the definition of “scheme undertaking cross-border activities”.
3
In regulation 4(11)—
a
in the definition of “derivative instrument”, for the words from “of Section C” to “financial instruments” substitute “of Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 200142”;
b
in the definition of “regulated market”—
i
omit paragraph (a);
ii
for paragraph (b) substitute the following—
b
a UK regulated market or an EU regulated market within the meaning of Article 2.1.13A and 2.1.13B respectively of Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments, or
4
In regulation 15A, omit paragraph (2)(b) but not the “or” following it.
5
Omit regulation 17.
Amendment of the Occupational Pension Schemes (Regulatory Own Funds) Regulations (Northern Ireland) 200526
1
The Occupational Pension Schemes (Regulatory Own Funds) Regulations (Northern Ireland) 200543 are amended as follows.
2
In regulation 2(1), omit the definitions of “EEA agreement” and “EEA state”.
3
In regulation 10, omit paragraphs (3) and (8).
4
In regulation 15—
a
in paragraph (1)(d)—
i
omit paragraph (i) together with the final “and”;
ii
in paragraph (ii), for “paragraphs 4(3) and 5(2)(b)” substitute “paragraphs 4(2) and (3) and 5(2)(a) and (b)”;
b
omit paragraph (2);
c
in paragraph (3), omit the definition of “scheme undertaking cross-border activities”.
Amendment of the Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 200627
1
The Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 200644 are amended as follows.
2
In regulation 2, omit the definitions of “EEA agreement” and “EEA state”.
3
In regulation 4(1), in sub-paragraph (e), for “EEA states” substitute “United Kingdom”.
Amendment of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations (Northern Ireland) 200628
1
The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations (Northern Ireland) 200645 are amended as follows.
2
In regulation 1(2), in the definition of “insurer” omit paragraph (b) and the “or” before it.
Amendment of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 201029
1
The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 201046 are amended as follows.
2
In regulation 32E, in paragraph (1), omit the words “or which is an occupational pension scheme within section 18(b) (occupational pension schemes with main administration in an EEA state other than the UK)”.
3
Omit regulation 32J.
4
In regulation 35—
a
in paragraph (1)(a)(i), omit “or (b)”;
b
omit paragraph (1)(b) together with the final “and”;
c
in paragraph (2), for the definition of “competent authority” substitute—
“competent authority” means the Financial Conduct Authority or the Pensions Regulator;
5
In regulation 39(7), omit sub-paragraph (a).
6
In regulation 44, in the heading and the body of the regulation, for “EEA States” substitute “United Kingdom”.
7
In regulation 45—
a
in paragraphs (1) to (5) and (7), for “18(b) or (c)” substitute “18(c)”;
b
in paragraphs (1), (3) and (7), omit sub-paragraph (b) and the “or” before it.
8
In regulation 46, omit paragraph (b) and the “or” before it.
Amendment of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 201430
1
The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 201447 are amended as follows.
2
In Schedule 1 (description of schemes), omit paragraph 1(2)(c) but not the final “or”.
Amendment of the Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 201431
1
The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 201448 are amended as follows.
2
Omit Part 16 (cross-border schemes).
Amendment of the Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 201632
1
The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 201649 are amended as follows.
2
In regulation 6(2), for “EEA states” substitute “United Kingdom”.
PART 4Revocation of secondary legislation
33
The Occupational Pension Schemes (Cross-border Activities) Regulations (Northern Ireland) 200550 are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
(This note is not part of the Regulations)