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The Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005
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PART 4provisions of the order coming into operation on 25th february 2005 for the purpose only of authorising the making of regulations, orders or rules, as the case may be, and on 6th april 2005 for all other purposes
| Provisions of the Order | Subject matter |
|---|---|
| Article 2(5)(a) | General interpretation – meaning of “employer” |
| Article 7(5)(a) | Functions exercisable by the determinations panel |
| Article 15(7) | Pension liberation: Court’s power to order restitution |
| Article 17(4) | Pension liberation: repatriation orders |
| Article 19(10), paragraph (b)(i) of the definition of “the actuary” | Freezing orders |
| Article 20(7)(a) | Consequences of freezing order |
| Article 26(7)(c) | Power to give a direction where freezing order ceases to have effect |
| Article 32(2) and (3) | Independent trustees |
| Article 34(1)(b) | Contribution notices where avoidance of employer debt |
| Article 39(1)(b), (3)(c) and (9) | Financial support directions |
| Article 40(3)(a) and (4) | Meaning of “service company” and “insufficiently resourced” |
| Article 41(2)(b) | Meaning of “financial support” |
| Article 48(1)(b) and (7)(a) | Restoration orders where transactions at an undervalue |
| Article 53(1) to (4) | Articles 34 to 52: partnerships and limited liability partnerships |
| Article 55(2)(h) and (3) | Registrable information |
| Article 56(1) to (3) | The register: inspection, provision of information and reports etc. |
| Article 64(2), (3)(a)(ii) and (b)(ii) and (5) | Duty to notify the Regulator of certain events |
| Article 88(2)(q) | The Regulator’s procedure in relation to its regulatory functions |
| Article 92(5)(u) | Special procedure: applicable cases |
| Article 97(1)(c) | References to the Tribunal |
| Article 98(5) | Appeal on a point of law |
| Article 104(3) and (4) | Duty to notify insolvency events in respect of employers |
| Article 105(5) | Insolvency event, insolvency date and insolvency practitioner |
| Article 106(3), (5) and (8) | Insolvency practitioner’s duty to issue notices confirming status of scheme |
| Article 107(5) | Approval of notices issued under Article 106 |
| Article 109(4)(a) | Binding notices confirming status of scheme |
| Article 110(3) | Eligible schemes |
| Article 113(1)(b), (3) and (8) | Applications and notifications for the purposes of Article 112 |
| Article 114(5) and (8) | Board’s duty where application or notification received under Article 113 |
| Article 117(3) | Admission of new members, payment of contributions, etc. |
| Article 118(3) in so far as it relates to paragraph (iii) of the definition of “relevant person” in sub-paragraph (a) | Directions |
| Article 119(4) | Restrictions on winding up, discharge of liabilities, etc. |
| Article 122(10)(b) and (12) | Payment of scheme benefits |
| Article 123(6) | Loans to pay scheme benefits |
| Article 124(3)(b) and (6) | Reviewable ill health pensions |
| Article 125(2) and (6) | Effect of a review |
| Article 127(3) to (5) and (11) in so far as it relates to paragraphs (i) and (ii)(a) of the definition of “actuarial valuation” in sub-paragraph (a) | Board’s obligation to obtain valuation of assets and protected liabilities |
| Article 129(4) | Binding valuations |
| Article 130(1) and (5) | Schemes which become eligible schemes |
| Article 131(1)(a) and (5) | New schemes created to replace existing schemes |
| Article 132(8) | Withdrawal following issue of Article 106(4) notice |
| Article 134(5) and (6)(a) to (c) | Consequences of the Board ceasing to be involved with a scheme |
| Article 135(4), (6), (8) in so far as it relates to paragraph (b) of the definition of “audited scheme accounts” and (9)(b) | Application for reconsideration |
| Article 136(4) and (8) | Duty to assume responsibility following reconsideration |
| Article 151(1) | Modification of Chapter where liabilities discharged during assessment period |
| Article 162(1)(a), (2) in so far as it relates to paragraph (b)(i) of the definition of “the actuary” and (3) | Valuations to determine scheme underfunding |
| Article 172 | Information to be provided to the Board etc. |
| Article 185(1) | Provision of information to members of schemes etc. |
| Article 188(2) to (4) | Meaning of “reviewable matters” |
| Article 189 | Review and reconsideration by the Board of reviewable matters |
| Article 190(1) and (3) to (6) | Investigation by the Board of complaints of maladministration |
| Article 191(1)(b) to (e) | The PPF Ombudsman |
| Article 235(2)(c)(ii) and (7) in so far as it relates to the definition of “relevant contributions” | Form of pension protection on transfer of employment |
| Article 247 | Winding up |
| Article 248 | Debt due from the employer when assets are insufficient |
| Article 280(1)(a) and (c) | Modification of the Order in relation to certain categories of schemes |
| Schedule 6, paragraphs 4(4), 6(4), 9(4), 12(4)(a), 13(4), 16(3)(b), 17(4)(a), 18(4), 20(4), (7) and (8), 23, 24(1), (2) and (6), 25(1), 26(7) in so far as it relates to paragraph (a) of the definition of “the compensation cap”, (9) and (10), 28(6) and (7), 31(2) and (3), 33, and 37(4) and Article 146 in so far as it relates to those paragraphs | Pension compensation provisions |
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