The Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005

PART 4provisions of the order coming into operation on 25th february 2005 for the purpose only of authorising the making of regulations, orders or rules, as the case may be, and on 6th april 2005 for all other purposes

Provisions of the OrderSubject matter
Article 2(5)(a)General interpretation – meaning of “employer”
Article 7(5)(a)Functions exercisable by the determinations panel
Article 15(7)Pension liberation: Court’s power to order restitution
Article 17(4)Pension liberation: repatriation orders
Article 19(10), paragraph (b)(i) of the definition of “the actuary”Freezing orders
Article 20(7)(a)Consequences of freezing order
Article 26(7)(c)Power to give a direction where freezing order ceases to have effect
Article 32(2) and (3)Independent trustees
Article 34(1)(b)Contribution notices where avoidance of employer debt
Article 39(1)(b), (3)(c) and (9)Financial support directions
Article 40(3)(a) and (4)Meaning of “service company” and “insufficiently resourced”
Article 41(2)(b)Meaning of “financial support”
Article 48(1)(b) and (7)(a)Restoration orders where transactions at an undervalue
Article 53(1) to (4)Articles 34 to 52: partnerships and limited liability partnerships
Article 55(2)(h) and (3)Registrable information
Article 56(1) to (3)The register: inspection, provision of information and reports etc.
Article 64(2), (3)(a)(ii) and (b)(ii) and (5)Duty to notify the Regulator of certain events
Article 88(2)(q)The Regulator’s procedure in relation to its regulatory functions
Article 92(5)(u)Special procedure: applicable cases
Article 97(1)(c)References to the Tribunal
Article 98(5)Appeal on a point of law
Article 104(3) and (4)Duty to notify insolvency events in respect of employers
Article 105(5)Insolvency event, insolvency date and insolvency practitioner
Article 106(3), (5) and (8)Insolvency practitioner’s duty to issue notices confirming status of scheme
Article 107(5)Approval of notices issued under Article 106
Article 109(4)(a)Binding notices confirming status of scheme
Article 110(3)Eligible schemes
Article 113(1)(b), (3) and (8)Applications and notifications for the purposes of Article 112
Article 114(5) and (8)Board’s duty where application or notification received under Article 113
Article 117(3)Admission of new members, payment of contributions, etc.
Article 118(3) in so far as it relates to paragraph (iii) of the definition of “relevant person” in sub-paragraph (a)Directions
Article 119(4)Restrictions on winding up, discharge of liabilities, etc.
Article 122(10)(b) and (12)Payment of scheme benefits
Article 123(6)Loans to pay scheme benefits
Article 124(3)(b) and (6)Reviewable ill health pensions
Article 125(2) and (6)Effect of a review
Article 127(3) to (5) and (11) in so far as it relates to paragraphs (i) and (ii)(a) of the definition of “actuarial valuation” in sub-paragraph (a)Board’s obligation to obtain valuation of assets and protected liabilities
Article 129(4)Binding valuations
Article 130(1) and (5)Schemes which become eligible schemes
Article 131(1)(a) and (5)New schemes created to replace existing schemes
Article 132(8)Withdrawal following issue of Article 106(4) notice
Article 134(5) and (6)(a) to (c)Consequences of the Board ceasing to be involved with a scheme
Article 135(4), (6), (8) in so far as it relates to paragraph (b) of the definition of “audited scheme accounts” and (9)(b)Application for reconsideration
Article 136(4) and (8)Duty to assume responsibility following reconsideration
Article 151(1)Modification of Chapter where liabilities discharged during assessment period
Article 162(1)(a), (2) in so far as it relates to paragraph (b)(i) of the definition of “the actuary” and (3)Valuations to determine scheme underfunding
Article 172Information to be provided to the Board etc.
Article 185(1)Provision of information to members of schemes etc.
Article 188(2) to (4)Meaning of “reviewable matters”
Article 189Review and reconsideration by the Board of reviewable matters
Article 190(1) and (3) to (6)Investigation by the Board of complaints of maladministration
Article 191(1)(b) to (e)The PPF Ombudsman
Article 235(2)(c)(ii) and (7) in so far as it relates to the definition of “relevant contributions”Form of pension protection on transfer of employment
Article 247Winding up
Article 248Debt due from the employer when assets are insufficient
Article 280(1)(a) and (c)Modification of the Order in relation to certain categories of schemes
Schedule 6, paragraphs 4(4), 6(4), 9(4), 12(4)(a), 13(4), 16(3)(b), 17(4)(a), 18(4), 20(4), (7) and (8), 23, 24(1), (2) and (6), 25(1), 26(7) in so far as it relates to paragraph (a) of the definition of “the compensation cap”, (9) and (10), 28(6) and (7), 31(2) and (3), 33, and 37(4) and Article 146 in so far as it relates to those paragraphsPension compensation provisions