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The Pensions (Northern Ireland) Order 2005

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This is the original version (as it was originally made).

Board’s duty where there is a failure to comply with Article 106
This section has no associated Explanatory Memorandum

108.—(1) This Article applies where, in relation to an occupational pension scheme—

(a)the Board determines under Article 107 not to approve a notice issued under Article 106 by an insolvency practitioner or former insolvency practitioner in relation to the employer, or

(b)an insolvency practitioner or former insolvency practitioner in relation to the employer fails to issue a notice under Article 106 and the Board is satisfied that such a notice ought to have been issued under that Article.

(2) The obligations on the insolvency practitioner or former insolvency practitioner imposed by paragraphs (2) and (4) of Article 106 are to be treated as obligations imposed on the Board and the Board must accordingly issue a notice as required under that Article.

(3) Subject to paragraphs (4) and (5), where a notice is issued under Article 106 by the Board by virtue of this Article, it has effect as if it were a notice issued under Article 106 by an insolvency practitioner or, as the case may be, former insolvency practitioner in relation to the employer.

(4) Where a notice is issued under Article 106 by virtue of this Article, Article 106(6) does not apply and the Board must, as soon as reasonably practicable, give a copy of the notice to—

(a)the Regulator,

(b)the trustees or managers of the scheme,

(c)the insolvency practitioner or former insolvency practitioner mentioned in paragraph (1),

(d)any insolvency practitioner in relation to the employer (who does not fall within sub-paragraph (c)), and

(e)if there is no insolvency practitioner in relation to the employer, the employer.

(5) Where the Board—

(a)is required to issue a notice under Article 106 by virtue of this Article, and

(b)is satisfied that the notice ought to have been issued at an earlier time,

it must specify that time in the notice and the notice is to have effect as if it had been issued at that time.

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