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The Pensions (2005 Order) (Disclosure of Restricted Information) (Amendment of Specified Persons) Order (Northern Ireland) 2006

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1.  This Order may be cited as the Pensions (2005 Order) (Disclosure of Restricted Information) (Amendment of Specified Persons) Order (Northern Ireland) 2006 and shall come into operation on 7th December 2006.

Amendment of the Pensions (Northern Ireland) Order 2005

2.—(1) The Pensions (Northern Ireland) Order 2005 shall be amended in accordance with paragraphs (2) and (3).

(2) In Schedule 3 (restricted information held by the Regulator: certain permitted disclosures to facilitate exercise of functions)—

(a)in the entry relating to “The Commissioners of Inland Revenue or their officers”, in the “Functions” column for the words “or” at the end of paragraph (d) to the end of that entry substitute—

(e)the Income Tax (Earnings and Pensions) Act 2003 (c. 1),

(f)the Income Tax (Trading and Other Income) Act 2005 (c. 5) (so far as relating to functions previously exercised under the Income and Corporation Taxes Act 1988 (c. 1)), or

(g)Part 4 of the Finance Act 2004 (c. 12).;

(b)omit the entry relating to the “Gaming Board for Great Britain”, and

(c)at the end of the Schedule add—

Any body carrying on activities concerned with any of the matters set out in section 16(2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) or Article 16(2) of the Companies (Audit, Investigations and Community Enterprise) (Northern Ireland) Order 2005 (S.I. 2005/1967 (N.I. 17)) (a “relevant body”), any subsidiary (within the meaning given by section 736 of the Companies Act 1985 (c. 6) or Article 4 of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6))(1) of a relevant body and any body established under the constitution of a relevant body or such a subsidiary.

Its functions relating to carrying on activities concerned with any of the following matters—

(a)

issuing standards to be applied in actuarial work,

(b)

issuing standards in respect of matters to be contained in reports or other communications required to be produced or made by actuaries or in accordance with standards within paragraph (a),

(c)

investigating departures from standards within paragraph (a) or (b),

(d)

taking steps to secure compliance with standards within paragraph (a) or (b),

(e)

carrying out investigations into public interest cases arising in connection with the performance of actuarial functions by members of the Institute of Actuaries or the Faculty of Actuaries (“the Institute or Faculty”) or persons who, although not members of the Institute or Faculty, are subject to the rules of one of these bodies in performing actuarial functions (“members”),

(f)

holding disciplinary hearings relating to members following the conclusion of investigations within paragraph (e),

(g)

deciding whether (and, if so, what) disciplinary action should be taken against members to whom hearings within paragraph (f) related,

(h)

supervising the exercise by the Institute or Faculty of—

(i)

investigatory or disciplinary functions exercised by the Institute or Faculty in relation to the performance by their members of actuarial functions,

(ii)

the setting by the Institute or Faculty of standards in relation to the performance by their members of actuarial functions, and

(iii)

the determining by the Institute or Faculty of requirements in relation to the education and training of their members,

(i)

overseeing or directing any of the matters mentioned in paragraphs (a) to (h),

and functions relating to the funding of activities concerned with any of the matters mentioned in paragraphs (a) to (i).

Any functions in connection with any levy payable to it under section 17 of the Companies (Audit, Investigations and Community Enterprise) Act 2004.

A member of the panel appointed under paragraph 4 of Schedule 17 to the Financial Services and Markets Act 2000 (c. 8) by the body corporate established by paragraph 2 of that Schedule.

Functions under—

(a)

Part III,

(b)

Part 3A(2), and

(c)

Part IV

of that Schedule.

The Gambling Commission.

Functions under—

(a)

the Gaming Act 1968 (c. 65),

(b)

the Lotteries and Amusements Act 1976 (c. 32), and

(c)

the Gambling Act 2005 (c. 19)..

(3) In Schedule 7 (restricted information held by the Board: certain permitted disclosures to facilitate exercise of functions)—

(a)in the entry relating to “The Commissioners of Inland Revenue or their officers”, in the “Functions” column—

(i)at the end of paragraph (d) omit “or”, and

(ii)after paragraph (e) add—

or

(f)the Income Tax (Trading and Other Income) Act 2005 (c. 5) (so far as relating to functions previously exercised under the Income and Corporation Taxes Act 1988 (c. 1)).;

(b)omit the entry relating to the “Gaming Board for Great Britain”, and

(c)at the end of the Schedule add—

A member of the panel appointed under paragraph 4 of Schedule 17 to the Financial Services and Markets Act 2000 (c. 8) by the body corporate established by paragraph 2 of that Schedule.

Functions under—

(a)

Part III,

(b)

Part 3A, and

(c)

Part IV

of that Schedule.

The Gambling Commission.

Functions under—

(a)

the Gaming Act 1968 (c. 65),

(b)

the Lotteries and Amusements Act 1976 (c. 32), and

(c)

the Gambling Act 2005 (c. 19)..

Sealed with the Official Seal of the Department for Social Development on 9th November 2006

Legal seal

John O’Neill

A senior officer of the Department for Social Development

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