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The Pensions (Northern Ireland) Order 1995
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Changes and effects
This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Order certain provisions applied (with modifications) by S.R. 2010/312 reg. 16 Sch. 2
- Order modified by S.I. 2009/317 art. 3 Sch.
- Order power to modify conferred by 2008 c. 13 (N.I.) s. 115(1) s. 115(2)(b)
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(a)
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(b)
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 51ZB inserted by 2012 c. 3 (N.I.) s. 21(4)
Commencement Orders yet to be applied to the The Pensions (Northern Ireland) Order 1995:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Order into force:
- S.I. 2003/392 art. 2 commences (2002 c. 21)
- S.I. 2003/938 art. 2 Sch. commences (2002 c. 21)
- S.I. 2003/962 art. 2(3) (4) art. 2(3) (4) Sch. 1 2 commences (2002 c. 21)
- S.I. 2007/2194 art. 8 Sch. 2 commences (2006 c. 46)
- S.I. 2007/3495 art. 5 art. 8(b) Sch. 3 art. 8(a) Sch. 2 commences (2006 c. 46)
- S.I. 2008/1886 art. 2(f) commences (2006 c. 46)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.R. 2009/22 art. 2 commences (2008 c. 13 (N.I.))
- S.R. 2009/75 art. 2 commences (2008 c. 1 (N.I.))
- S.R. 2009/242 art. 2 commences (S.I. 2005/255 (N.I.))
- S.R. 2009/249 art. 2 commences (2008 c. 13 (N.I.))
- S.R. 2010/101 art. 2 commences (2010 c. 4 (N.I.))
- S.R. 2012/115 art. 2 commences (2008 c. 1 (N.I.))
- S.R. 2012/119 art. 2 commences (2008 c. 13 (N.I.))
- S.R. 2012/233 arts. 2 commences (2012 c. 3 (N.I.))
- S.R. 2012/234 art. 2 commences (2008 c. 1 (N.I.))
Grounds for applying for modificationsN.I.
69.—(1) The Authority may, on an application made to them by persons competent to do so, make an order in respect of an occupational pension scheme (other than a public service pension scheme)—
(a)authorising the modification of the scheme with a view to achieving any of the purposes mentioned in paragraph (3), or
(b)modifying the scheme with a view to achieving any such purpose.
(2) Regulations may make provision[F1requiring applications under this Article to meet prescribed requirements].
(3) The purposes referred to in paragraph (1) are—
(a)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in the case of [F3a registered pension scheme under section 153 of the Finance Act 2004] which is being wound up, to enable assets remaining after the liabilities of the scheme have been fully discharged to be distributed to the employer, where prescribed requirements in relation to the distribution are satisfied, or
(c)to enable the scheme to be so treated during a prescribed period that an employment to which the scheme applies may be contracted-out employment by reference to it.
(4) The persons competent to make an application under this Article are—
(a)in the case of the purposes referred to in sub-paragraphF4. . . (b) of paragraph (3), the trustees of the scheme, and
(b)in the case of the purposes referred to in sub-paragraph (c) of that paragraph—
(i)the trustees or managers of the scheme,
(ii)the employer, or
(iii)any person other than the trustees or managers who has power to alter the rules of the scheme.
(5) An order under paragraph (1)(a) must be framed—
(a)if made with a view to achievingF5. . . the purposes referred to inF6 paragraph (3)F7. . . (b), so as to confer the power of modification on the trustees, and
(b)if made with a view to achieving the purposes referred to in paragraph (3)(c), so as to confer the power of modification on such persons (who may include persons who were not parties to the application made to the Authority) as the Authority think appropriate.
(6) Regulations may provide that in prescribed circumstances this Article does not apply to occupational pension schemes falling within a prescribed class or description or applies to them with prescribed modifications.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
F1Words in art. 69(2) substituted (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 290(1), Sch. 10 para. 51(a); S.R. 2006/95, art. 2(c), Sch. Pt. 3
F2Art. 69(3)(a) repealed (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 290(1), 291, Sch. 10 para. 51(b), Sch. 11; S.R. 2006/95, art. 2(c), Sch. Pt. 3
F3Words in art. 69(3)(b) substituted (6.4.2006) by Taxation of Pension Schemes (Consequential Amendments) Order 2006 (S.I. 2006/745), art. 11(4)(b)
F4Words in art. 69(4)(a) repealed (6.4.2006) by Pensions (Northern Ireland) 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 290(1), 291, Sch. 10 para. 51(c), Sch. 11; S.R. 2006/95, art. 2(c), Sch. Pt. 3
F5Words in art. 69(5)(a) repealed (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 290(1), 291, Sch. 10 para. 51(d), Sch. 11; S.R. 2006/95, art. 2(c), Sch. Pt. 3
F6Words in art. 69(5)(a) substituted (prosp.) by virtue of Pensions (Northern Ireland) Order 1995 (S.I. 1995/255 (N.I. 1)), arts. 1(2), 290(1), Sch. 10 para. 51(d)
F7Words in art. 69(5)(a) repealed (6.4.2006) by Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)), arts. 1(2), 291, Sch. 11; S.R. 2006/95, art. 2(c), Sch. Pt. 3
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