The Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997

Part I Introduction

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997 and shall come into operation on 6th April 1997.

(2) In these Regulations—

“approved scheme” means a scheme which is approved or was formerly approved under section 590 or 591 of the Taxes Act 1988 or in respect of which an application for such approval has been duly made which has not been determined;

“business days” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday within the meaning of the Banking and Financial Dealings Act 1971(1);

“pensioneer trustee” has the same meaning as in regulation 2(1) of the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) Regulations 1991(2);

“relevant benefits” has the same meaning as in section 612(1) of the Taxes Act 1988;

“relevant statutory scheme” has the same meaning as in section 611A of the Taxes Act 1988(3);

“scheme year” means—

(a)

a year specified for the purposes of the scheme in any document comprising the scheme or, if none is so specified, a period of 12 months commencing on 1st April or on such date as the trustees or managers select; or

(b)

such other period (if any) exceeding 6 months but not exceeding 18 months as is selected by the trustees or managers in connection with—

(i)

the commencement or termination of the scheme; or

(ii)

a variation of the date on which the year or period referred to in paragraph (a) is to commence;

“small self-administered scheme” has the same meaning as in regulation 2(1) of the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) Regulations 1991;

“unfunded occupational pension scheme” means an occupational pension scheme under which there is no requirement to set aside in advance resources related to the intended rate or amount of benefits;

“wholly insured scheme” means an occupational pension scheme under which all the benefits provided are secured by a policy of insurance or an annuity contract.

(3) In these Regulations any reference to a numbered Article is a reference to the Article of the Pensions (Northern Ireland) Order 1995 bearing that number.

(4) For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954(4), where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

(1)

1971 c. 80

(2)

S.I. 1991/1614. See also regulation 2(4) to (8) of that instrument for the meaning of “connected with” in regulation 2(1)

(3)

Section 611A was inserted by paragraph 15 of Schedule 6 to the Finance Act 1989 (c. 26)

(4)

1954 c. 33 (N.I.)