(This note is not part of the Regulations.)
These Regulations amend the Pensions (Northern Ireland) Order 2005 (“the Order”), the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations (Northern Ireland) 2005 (“the Multi-employer Regulations”), the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005 (“the Entry Rules Regulations”), the Pension Protection Fund (Provision of Information) Regulations (Northern Ireland) 2005 (“the Provision of Information Regulations”), the Pension Protection Fund (Valuation) Regulations (Northern Ireland) 2005 (“the Valuation Regulations”), the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations (Northern Ireland) 2005 (“the Review and Reconsideration Regulations”), the Pension Protection Fund (Compensation) Regulations (Northern Ireland) 2005 (“the Compensation Regulations”) and the Pensions Regulator (Notifiable Events) Regulations (Northern Ireland) 2005 (“the Notifiable Events Regulations”).
Regulation 2 amends Article 7 of, and Schedule 2 to, the Order to provide that an application for an extension or further extension of the prescribed periods under Article 58(6) or 60(3) of the Pensions (Northern Ireland) Order 1995 (“the 1995 Order”) is a reserved regulatory function and that the functions of the Regulator in that respect are exercisable by the Determinations Panel in the circumstances mentioned in Article 7(2) of the Order. It also amends Schedule 8 to the Order by adding a determination made by the Board of the Pension Protection Fund (“the Board”) under Article 125(2) of that Order to the reviewable matters prescribed in that Schedule.
Regulation 3 amends the Multi-employer Regulations. In particular—
paragraph (2) substitutes the definitions of “employer” in relation to an occupational pension scheme with no active members and a multi-employer scheme or a section of a multi-employer scheme and makes a minor consequential amendment;
paragraph (3) substitutes Part III, which modifies Part III of the Order, as it applies to a section of a segregated scheme with at least two employers in relation to that section. The substituted Part III broadens the circumstances in which an application can be made to the Board under Article 113(1) of the Order for it to assume responsibility for a section of a scheme to which Part III applies; and
paragraph (4) substitutes Part VI, which modifies Part III of the Order, as it applies to certain multi-employer schemes which are not divided into two or more sections in specified circumstances. The substituted Part VI broadens the circumstances in which an application can be made to the Board under Article 113(1) of the Order for it to assume responsibility for a scheme to which Part VI applies.
Regulations 4 to 6 amend respectively the Entry Rules Regulations, the Provision of Information Regulations and the Valuation Regulations by substituting new definitions of “employer” where certain occupational pension schemes have no active members and in relation to a multi-employer scheme or a multi-employer section of a segregated scheme. They also make minor consequential amendments.
Regulation 7 amends the Review and Reconsideration Regulations by substituting new definitions of “employer” where certain occupational pension schemes have no active members and in relation to a multi-employer scheme or a multi-employer section of a segregated scheme and makes minor consequential amendments. It also prescribes the interested person for the reviewable matters specified in paragraph 7A of Schedule 8 to the Order and corrects typographical errors.
Regulation 8 amends the Compensation Regulations—
by substituting new definitions of “employer” where certain occupational pension schemes have no active members and in relation to a multi-employer scheme or a multi-employer section of a segregated scheme and makes minor consequential amendments; and
to provide that the maximum age at which dependant’s compensation can be paid is reduced from 25 to 23, although a person entitled to dependant’s compensation prior to 6th April 2006 will continue to receive such compensation until the age of 25.
It also extends those Regulations to civil partners by providing that—
a civil partner will be entitled to receive a survivor’s pension where the admissible rules of the scheme allow for such a payment to be made and for the amount of such compensation both where there are dependants of the civil partnership and where there are not;
where a member has nominated a relevant partner to receive a survivor’s pension under the admissible rules of the scheme, then a surviving spouse or civil partner shall not be entitled to compensation; and
where a surviving spouse or civil partner is entitled to compensation and there is no nomination in place in favour of a relevant partner, then the relevant partner shall not be entitled to compensation.
Regulation 9 amends the Notifiable Events Regulations to expand certain events which involve the taking of a decision about a certain action to include a requirement to notify the Pensions Regulator when the action itself occurs in circumstances where a decision about that action was not required to be taken.
Regulation 10 makes a consequential revocation.
The Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005 (S.R. 2005 No. 48 (C. 5)) provides for some of the enabling provisions under which these Regulations are made to be brought fully into operation as follows—
Article 280(1)(b) and (2)(b) on 8th March 2005; and
Articles 2(5)(a), 7(5)(a) and (7)(a), 64(2), 109(4)(a), 188(4)(a) and 189(2) and paragraph 23 of Schedule 6 on 6th April 2005.
As these Regulations are made before the end of the period of six months beginning with the coming into operation of the provisions of the Order by virtue of which they are made, the requirement to consult under Article 289(1) of the Order does not apply by virtue of paragraph (2)(c) of that Article.