The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations (Northern Ireland) 2006

Exemptions from requirement to have member-nominated trustees

2.  For the purposes of Article 218(8)(c) (requirement for member-nominated trustees) a scheme is of a prescribed description if the scheme—

(a) has fewer than two members;

(b) is a scheme to which Article 22 of the 1995 Order(1) (circumstances in which independent trustees provisions apply) applies;

(c) is an occupational pension scheme within the meaning given by section 1 of the Pension Schemes Act(2) (categories of pension schemes), but which is not a registered pension scheme;

(d) is a relevant small occupational pension scheme;

(e) is a relevant centralised scheme;

(f) is a direct payment paid-up insurance scheme;

(g) is a former old code scheme;

(h) is a section 615(6) scheme;

(i) is established under section 48 of the Northern Ireland Act 1998(3) (pensions of members), or which was established under Part II of the Ministerial Salaries and Members' Pensions Act (Northern Ireland) 1965(4) or Article 3 of the Assembly Pensions (Northern Ireland) Order 1976(5);

(j) is a scheme where the sole trustee, or all the trustees are independent within the meaning given by Article 23(3) of the 1995 Order;

(k) is a stakeholder pension scheme within the meaning of Article 3 of the 1999 Order(6);

(l) is a small insured scheme, or

(m) is independent of the employer by virtue of the employer having been dissolved or liquidated prior to 6th April 2005.

(1)

Article 22 was amended by section 43(1) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)) and Article 32(2) of, and paragraph 34 of Schedule 10 to, the Pensions (Northern Ireland) Order 2005

(2)

Section 1 is amended by Article 216 of the Pensions (Northern Ireland) Order 2005

(3)

1998 c. 47

(4)

1965 c. 18 (N.I.); Part II was amended by the Members' Pensions (Northern Ireland) Order 1976 (S.I. 1976/426 (N.I. 8)). See also section 33(1) of the Northern Ireland Constitution Act 1973 (c. 36)

(5)

S.I. 1976/1779

(6)

Article 3 was amended by Article 262(2) to (4) of the Pensions (Northern Ireland) Order 2005