- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Fair Employment and Treatment (Northern Ireland) Order 1998. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
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.
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.
1. (1) In this Schedule—N.I.
“active member”, “deferred member”, “managers”, “pensioner member” and “trustees or managers”, in relation to an occupational pension scheme, have the meanings given by Article 121(1) of the Pensions (Northern Ireland) Order 1995 F2. . . ;
“member” means any active member, deferred member or pensioner member;
“non-discrimination rule” means the rule in paragraph 2;
“occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 F3. . . ;
“prospective member”, in relation to an occupational pension scheme, means any person who, under the terms of his employment or the rules of the scheme or both—
is able, at his own option, to become a member of the scheme;
shall become so able if he continues in the same employment for a sufficient period of time;
shall be admitted to it automatically unless he makes an election not to become a member; or
may be admitted to it subject to the consent of his employer.
(2) In paragraph 6, "employer", in relation to an occupational pension scheme, has the meaning given by Article 121(1) of the Pensions (Northern Ireland) Order 1995 F4. . . .
(3) Any term used in Article 25A and in this Schedule shall have the same meaning in that Article as it has in this Schedule.
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.
2. Every occupational pension scheme shall be treated as including a provision ("the non-discrimination rule") containing a requirement that the trustees or managers of the scheme refrain from doing any act which is unlawful by virtue of Article 25A.N.I.
3. The other provisions of the scheme are to have effect subject to the non-discrimination rule.N.I.
4. The trustees or managers of an occupational pension scheme may—N.I.
(a)if they do not (apart from this paragraph) have power to make such alterations to the scheme as may be required to secure conformity with the non-discrimination rule; or
(b)if they have such power but the procedure for doing so:—
(i)is liable to be unduly complex or protracted; or
(ii)involves the obtaining of consents which cannot be obtained, or can only be obtained with undue delay or difficulty;
by resolution make such alterations to the scheme.
5. Alterations made by a resolution such as is referred to in paragraph 4 may have effect in relation to a period before the alterations are made (but may not have effect in relation to any time before 10th December 2003).N.I.
6. Where under Article 38 a member or prospective member of an occupational pension scheme presents to the Tribunal a complaint that the trustees or managers of the scheme—N.I.
(a)have committed against him an act which is unlawful by virtue of Article 25A or 33A; or
(b)are by virtue of Article 35 or 36 to be treated as having committed against him such an act;
the employer in relation to the scheme shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.
7. (1) This paragraph applies where—N.I.
(a)under Article 38 a member or prospective member of an occupational pension scheme ( “the complainant”) presents to the Tribunal a complaint against the trustees or managers of the scheme or an employer;
(b)the complainant is not a pensioner member of the scheme;
(c)the complaint relates to the terms on which persons become members of the scheme, or the terms on which members of the scheme are treated; and
(d)the Tribunal finds the complaint to be well-founded.
(2) Where this paragraph applies, the Tribunal may, without prejudice to the generality of its power under Article 39(1)(a), make an order declaring that the complainant has a right—
(a)where the complaint relates to the terms on which persons become members of the scheme, to be admitted to the scheme;
(b)where the complaint relates to the terms on which members of the scheme are treated, to membership of the scheme without discrimination.
(3) An order under sub-paragraph (2)—
(a)may be made in respect of such period as is specified in the order (but may not be made in respect of any time before 10th December 2003);
(b)may make such provision as the Tribunal considers appropriate as to the terms on which, or the capacity in which, the complainant is to enjoy such admission or membership.
(4) Where this paragraph applies, the Tribunal may not make an order for compensation under Article 39(1)(b), whether in relation to arrears of benefits or otherwise, except—
(a)for injury to feelings;
(b)by virtue of Article 39(5).]
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.