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The Pensions (2005 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005

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Article 2(6)

SCHEDULE 1PROVISIONS OF THE ORDER COMING INTO OPERATION ON 6th APRIL 2005

Provisions of the OrderSubject matter
Schedule 10, paragraphs 4, 29 to 38, 40(b), 41, 53, 54, 60 in so far as not already brought into operation, 61 and 62, 67, 71(1) and (3) and Article 290(1) in so far as it relates to those paragraphsConsequential amendments

Schedule 11, in so far as it relates to specified repeals in relation to –

  • the Pension Schemes (Northern Ireland) Act 1993, sections 2, 95(6), 97J(3), 125, 164A and 176 except the definition of “voluntary contributions requirements” in subsection (1);

  • the Pensions (Northern Ireland) Order 1995, Articles 5, 7(1) and (4), 10(5)(a), 11(3), 13, 22(1)(b), 25(2), 26A to 26C, 28(4), 29, 30, 30A, 31, 48, 72A(9), 72C(2), and 94 to 112 and paragraph 13 of Schedule 1;

  • the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999, paragraphs 81 and 82 of Schedule 1;

  • the Welfare Reform and Pensions (Northern Ireland) Order 1999, Articles 4(5), 6, 7 and 35(1), and paragraphs 1(2)(b)(i) and (xi) to (xiii), 2 and 3 of Schedule 1, paragraph 7 of Schedule 2 and paragraphs 44 and 49 of Schedule 9;

  • the Child Support, Pensions and Social Security Act (Northern Ireland) 2000, section 43 and paragraph 8 of Schedule 5;

and Article 291 in so far as it relates to those provisions.

Repeals

Article 4(7)

SCHEDULE 2FURTHER TRANSITIONAL PROVISIONS

Transitional provisions relating to section 170 of the Pension Schemes Act

1.  Section 170 of the Pension Schemes Act(1) (levies towards certain expenditure) shall be modified so that it shall have effect as if for “be recoverable by the Registrar” in subsection (8) there were substituted “be recoverable by the Regulatory Authority”.

Transitional provisions relating to Article 94 of the 1995 Order

2.  Article 94 of the 1995 Order (review of decisions) shall be modified so that it shall have effect as if –

(a)for “any determination of theirs” in paragraph (2) there were substituted “any determination of the Occupational Pensions Regulatory Authority”, and

(b)for “any other such determination of theirs” in paragraph (3)(a) there were substituted “any other such determination of the Occupational Pensions Regulatory Authority”.

Transitional provisions relating to Article 95 of the 1995 Order

3.  Article 95 of the 1995 Order (references and appeals from the Authority) shall be modified so that it shall have effect as if for “the Authority” in each place where it appears in paragraphs (1) to (4) and (7) there were substituted “the Determinations Panel of the Pensions Regulator”.

Transitional provisions relating to Article 101 of the 1995 Order

4.  Article 101 of the 1995 Order (publishing reports) shall be modified so that it shall have effect as if for “any investigation under this Part” there were substituted “any investigation by the Occupational Pensions Regulatory Authority under this Part”.

Article 5

SCHEDULE 3PROVISIONS REFERRED TO IN ARTICLE 5 WHICH ARE TO CONTINUE TO HAVE EFFECT AS THEY WERE IN OPERATION IMMEDIATELY BEFORE THEIR AMENDMENT OR REPEAL BY THE ORDER.

Statutory ProvisionsSubject matter
The Pension Schemes (Northern Ireland) Act 1993
Section 170Levies towards certain expenditure
The Pensions (Northern Ireland) Order 1995
Article 3Prohibition orders
Article 4Suspension orders
Article 8Appointment of trustees: consequences
Article 11Powers to wind up schemes
Article 72BDirections by Authority for facilitating wind up
Article 94Review of decisions
Article 95References and appeals from the Authority
Article 96Provision of information: the Authority
Article 97Inspection of premises: the Authority
Article 98Warrants
Article 99Information and inspection: penalties
Article 100Savings for certain privileges, etc.
Article 101Publishing reports: the Authority
(1)

Section 170 was substituted by Article 161 of the Pensions (Northern Ireland) Order 1995

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