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Pensions (No. 2) Act (Northern Ireland) 2008

Section 112: Orders and regulations

Most statutory instruments containing an order or regulations under this Act will be subject to the negative resolution procedure.

The exceptions are:

  • the power to prescribe features of an average salary scheme that may prevent it from being treated as a qualifying scheme (section 16(3)(c));

  • the power to establish further conditions for automatic enrolment schemes (section 17(1)(c));

  • the power to extend the definition of worker (section 77);

  • powers relating to the disclosure of information relating to State Pension Credit recipients (section 111);

  • the powers relating to the role of the employer with regards to the employer duties when first exercised:

    • arrangements to auto-enrol (section 3(2) or (6));

    • arrangements to auto re-enrol (section 5(2) or (7));

    • arrangements to allow opt-in (section 7(4)(b) or (6));

    • arrangements for workers without qualifying earnings (section 9(3)(b));

  • an order under section 114 amending or repealing any relevant statutory provision;

  • an order under paragraph 9(7) of Schedule 4 regarding commutation of shared pension compensation;

  • an order under section 118 enabling the Department to appoint commencement dates.

The last of these is not subject to Assembly control. The others are subject to the confirmatory procedure – that is, they must be confirmed by resolution of the Assembly within a period of six months from the date on which they come into operation.

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