The Pension Protection Fund (Provision of Information) Regulations (Northern Ireland) 2005

Interpretation

2.—(1) In these Regulations –

“the Order” means the Pensions (Northern Ireland) Order 2005(1);

“appointed representative” means a person –

(a)

whose name, address and appointment by the member or beneficiary for the purposes of –

(i)

providing information to the Board, or

(ii)

receiving information from the Board,

under regulation 3 or 5 have been notified to the Board in a document signed by the member or beneficiary in question or by his legal representative; and

(b)

whose appointment has been consented to by the Board;

“assessment period” shall be construed in accordance with Article 116 (assessment periods);

“beneficiary” in relation to an eligible scheme means any person, other than a member of that scheme, who is entitled to compensation in accordance with the pension compensation provisions;

“eligible scheme” shall be construed in accordance with Article 110 (eligible schemes);

“insolvency practitioner” shall be construed in accordance with Article 105 (insolvency event, insolvency date and insolvency practitioner);

“multi-employer scheme” shall be construed in accordance with Article 280(4);

“normal pension age” in relation to any pension or lump sum in respect of which compensation is payable shall be construed in accordance with paragraph 34 of Schedule 6 to the Order (pension compensation provisions);

“pension compensation provisions” shall be construed in accordance with Article 146 (the pension compensation provisions);

“personal representative” means the executor, original or by representation, or administrator for the time being of a deceased person;

“the register” means the register of occupational and personal pension schemes compiled and maintained under section 59 of the Pensions Act 2004(2);

“review decision” shall be construed in accordance with Article 189(1)(a) (review and reconsideration by the Board of reviewable matters); and

“transfer notice” shall be construed in accordance with Article 144 (transfer notice).

(2) Subject to paragraph (3), in these Regulations, “employer”, in relation to an occupational pension scheme which has no active members, includes every person who was the employer of persons in the description of employment to which the scheme relates immediately before the time at which the scheme ceased to have any active members in relation to it.

(3) In these Regulations, “employer”, in relation to a multi-employer scheme, or a section of a multi-employer scheme, includes –

(a) in the case of a scheme which has no active members, every person who was the employer of persons in the description of employment to which the scheme, or section, relates immediately before the time at which the scheme, or section, ceased to have any active members in relation to it unless, after that time –

(i) a debt under Article 75 of the 1995 Order(3) (deficiencies in the assets) becomes due from that person to the scheme, or section, and

(ii) either –

(aa) the full amount of the debt has been paid by that person to the trustees or managers of the scheme, or section; or

(bb) in circumstances where a legally enforceable agreement has been entered into between that person and the trustees or managers of the scheme, or section, the effect of which is to reduce the amount which is payable in respect of the debt, the reduced amount of the debt has been paid in full by that person to those trustees or managers; and

(b) in any other case, any person who has ceased to be the employer of persons in the description of employment to which the scheme, or section, relates unless –

(i) at the time when he so ceased, the scheme, or section, was not being wound up and continued to have active members in relation to it, and

(ii) a debt under Article 75 of the 1995 Order became due at that time from that person to the scheme, or section, and either –

(aa) the full amount of the debt has been paid by that person to the trustees or managers of the scheme, or section; or

(bb) in circumstances where a legally enforceable agreement has been entered into between that person and the trustees or managers of the scheme, or section, the effect of which is to reduce the amount which is payable in respect of the debt, the reduced amount of the debt has been paid in full by that person to those trustees or managers.

(4) In these Regulations any reference to a numbered Article is a reference to the Article of the Order bearing that number.

(1)

The Pensions (Northern Ireland) Order 2005 is modified in its application to partially guaranteed schemes, hybrid schemes and multi-employer schemes by, respectively, S.R. 2005 Nos. 55, 84 and 91

(2)

2004 c. 35

(3)

Article 75 is amended by Article 248 of the Pensions (Northern Ireland) Order 2005