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The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015

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Regulation 5

SCHEDULE 2Scheme Advisory Board

This schedule has no associated Explanatory Memorandum

Composition of the Scheme Advisory Board

1.—(1) The composition of the Scheme Advisory Board (the Board) is to be determined from time to time by the Department having regard to the nature of the advice which the Board may be required to provide.

(2) The members of the Board are to be appointed by the Department.

(3) The Department cannot appoint a person to be a member of the Board unless satisfied that the person does not have a conflict of interest.

Disqualification from appointment as a member

2.—(1) A person is disqualified from appointment as a member of the Board in any of the circumstances set out in sub-paragraph (2).

(2) Those circumstances are if that person—

(a)has a conflict of interest;

(b)has at any time been convicted of an offence involving dishonesty or deception in the United Kingdom and the conviction is not a spent conviction;

(c)has at any time been convicted of an offence in the United Kingdom, and—

(i)the final outcome of the proceedings was a sentence of imprisonment or detention, and

(ii)the conviction is not a spent conviction;

(d)has at any time been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commission for Northern Ireland or the High Court on grounds of any misconduct or mismanagement in the administration of the charity—

(i)for which the person was responsible or to which the person was privy, or

(ii)which the person by the person’s conduct contributed to or facilitated,

from being concerned with the management or control of any body;

(e)has at any time been removed under—

(i)section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities), or

(ii)section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session).

from being concerned with the management or control of any body;

(f)has at any time been removed from office as chair, member, convenor or director of any public body on the grounds, in terms, that it was not in the interests of, or conducive to the good management of, that body that the person should continue to hold that office;

(g)at any time has been adjudged bankrupt or sequestration of the person’s estate has been awarded, and—

(i)the person has not been discharged, or

(ii)the person is subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 2A to the Insolvency (Northern Ireland) Order 1989 (bankruptcy restrictions order and undertaking);

(h)has at any time made a composition or arrangement with, or granted a trust deed for, the person’s creditors and the person has not been discharged in respect of it;

(i)is subject to—

(i)a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986, or

(ii)a disqualification order or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002;

(j)has at any time been convicted of an offence elsewhere in the united Kingdom and the scheme manager is satisfied that the person’s presence on the Board would be liable to undermine public confidence in the regulation management or administration of—

(i)the scheme, or

(ii)any statutory pension scheme that is connected with it.

Appointment, term of office and cessation of office of the chair

3.—(1) The Department must appoint two persons as joint chair of the Board.

(2) One of those persons must be a representative of employers and the other must be a representative of scheme members.

(3) The Department may appoint a person—

(a)who is not already a member on the Board; or

(b)who is already a member on the Board.

(4) A member serving as chair shall cease to be chair—

(a)on ceasing to be a member;

(b)if the member resigns as chair, which the member may do at any time by giving a minimum of six months’ notice (or such shorter period as the Department is prepared to accept) in writing to the scheme manager;

(c)if the member’s membership of the Board is suspended by the Department.

Quorum of the Board

4.  The quorum of the Board is six and must be comprised as follows—

(a)not less than three members who are representatives of employers; and

(b)not less than three members who are representatives of scheme members.

Conflicts of interest

5.—(1) The Department must, from time to time, be satisfied that none of the members of the Board has a conflict of interest.

(2) For the purpose of enabling the Department to be satisfied that a person referred to in sub-paragraph (3) does not have a conflict of interest, that person must provide the Department with such information as the Department reasonably requires.

(3) Those persons are—

(a)a member of the Board;

(b)a person proposed to be appointed by the Department as a member of the Board.

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