The Welfare Reform and Pensions (Northern Ireland) Order 1999

Article 8.

SCHEDULE 1 APPLICATION OF THE PENSION SCHEMES ACT AND THE PENSIONS ORDER TO REGISTERED SCHEMES

1.—(1) The provisions specified in sub-paragraph (2) shall apply as if any pension scheme established under a trust which—

(a) is not an occupational pension scheme; but

(b) is or has been registered under Article 4,

were an occupational pension scheme.

(2) The provisions are—

(a) subsections (4) to (9) of section 170 of the Pensions Schemes Act (levies towards certain expenditure), and

(b) the following provisions of Part II of the Pensions Order—

(i) Articles 3 to 11, 13 and 15 (supervision by the Authority) except Articles 8(1) and (2), 11(3)(c) and 15(1);

(ii) Articles 27 to 31 (trustees: general);

(iii) Articles 32 to 36 and 39 (functions of trustees) except the reference to Articles 16(3)(b) and 25(2) in Article 32(4), the reference to Article 56 in Article 35(2) and Article 35(5)(b);

(iv) Article 41 (functions of trustees or managers);

(v) Articles 47 and 48 (advisers);

(vi) Article 49 (receipts, payment and records) except paragraphs (5) and (8) to (13);

(vii) Article 50 (resolution of disputes);

(viii) Article 68 (power of trustees to modify scheme by resolution) except paragraph (3);

(ix) Articles 79 to 84 (the compensation payments) except Article 79(1)(b);

(x) Articles 89, 90 and 92 (assignment and forfeiture etc.) except Article 89(5)(d);

(xi) Article 94(2)(c) (review of decisions of the Authority);

(xii) Article 106 (other permitted disclosures);

(xiii) Article 108 (provision of information to Compensation Board);

(xiv) Article 114 (overriding requirements); and

(xv) Articles 121 and 122 (interpretation).

(3) Article 47(9) of the Pensions Order (as applied by sub-paragraph (1)) shall have effect as if the reference to any person who is or has been the employer were a reference to any person who, in pursuance of Article 5(5), is or has been required—

(a) to deduct an employee’s contributions to the scheme from his remuneration; and

(b) to pay them to the trustees or managers of the scheme or to a prescribed person.

(4) Article 68 of the Pensions Order (as so applied) shall have effect as if the purposes specified in paragraph (2) of that Article included enabling the conditions set out in Article 3 to be fulfilled in relation to the scheme.

(5) Article 121(1) of the Pensions Order (as so applied) shall have effect as if the definition of “member” were omitted.

2.—(1) Articles 96 to 98 of the Pensions Order (gathering information: the Authority) shall apply as if any pension scheme which—

(a) is not an occupational pension scheme; but

(b) is or has been registered under Article 4,

were an occupational pension scheme.

(2) Article 97 of the Pensions Order (as applied by sub-paragraph (1)) shall have effect as if the regulatory provisions, for the purposes of paragraph (1) of that Article, were—

(a) provisions made by or under the provisions specified in paragraph 1(2), other than Article 108 of the Pensions Order;

(b) Articles 109 and 113 of that Order;

(c) section 115 of the[1995 c. 26.] Pensions Act 1995 and any other provisions in force in Great Britain corresponding to the provisions mentioned in heads (a) and (b); and

(d) Articles 3 and 4(4) and (5).

(3) Article 98 of the Pensions Order (as so applied) shall have effect as if the references in paragraphs (1)(c)(i) and (4)(b) to that Order included references to Article 4(5).

(4) Any reference in this paragraph or paragraph 3 which is or includes a reference to, or to any paragraph of, Article 3 or 4 includes a reference to any provision in force in Great Britain corresponding to that Article or (as the case may be) that paragraph; and the reference in sub-paragraph (1) to any pension scheme includes a personal pension scheme (as well as an occupational scheme) within the meaning of the[1993 c. 48.] Pension Schemes Act 1993.

3.—(1) Article 97 of the Pensions Order shall have effect in relation to any occupational pension scheme which is or has been registered under Article 4 as if the regulatory provisions for the purposes of paragraph (1) of Article 97 included Articles 3 and 4(4) and (5).

(2) Article 98 of the Pensions Order shall have effect in relation to any occupational pension scheme which is or has been registered under Article 4 as if the references in paragraphs (1)(c)(i) and (4)(b) to that Order included references to Article 4(5).