The Occupational Pension Schemes (Governance and Registration) (Amendment) Regulations (Northern Ireland) 2023

Amendment of the Register of Occupational and Personal Pension Schemes Regulations

3.  In regulation 3 of the Register of Occupational and Personal Pension Schemes Regulations (Northern Ireland) 2005(1) (registrable information)—

(a) in paragraph (1)—

(i) in sub-paragraph (a) omit heads (ii) and (iii);

(ii) omit sub-paragraph (e)(2);

(iii) in sub-paragraph (l)(3) for “published.” substitute “published;”;

(iv) after sub-paragraph (l) add—

“(m) in the case of an occupational pension scheme which is a relevant trust scheme—

(i) the information mentioned in paragraph (3C) in respect of each in-scope FM provider for the time being appointed in relation to the scheme;

(ii) the information mentioned in paragraph (3D) in respect of each IC provider for the time being appointed in relation to the scheme.”;

(b) after paragraph (3A)(4) insert—

“(3B) For the purposes of this regulation, “IC provider”, “in-scope FM provider” and “relevant trust scheme” have the meanings given in Part 6 of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997 (governance of relevant trust schemes).

(3C) The information referred to in paragraph (1)(m)(i) is—

(a) the name and address of the in-scope FM provider;

(b) the date on which the in-scope FM provider was appointed or last appointed (as the case may be);

(c) whether the trustees carried out a qualifying tender process under paragraph 7(1), 8(1) or 9(3) (as the case may be) of the Schedule to the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997 (duties of trustees of relevant trust schemes in connection with provision of FM services) in connection with the in-scope FM provider’s appointment or arrangements with the in-scope FM provider, and

(d) if no such tender was carried out, why it was not carried out.

(3D) The information referred to in paragraph (1)(m)(ii) is—

(a) the name and address of the IC provider;

(b) the date on which the IC provider was appointed or last appointed (as the case may be);

(c) whether the trustees have set objectives for the IC provider in accordance with regulation 35(1) of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997 and if no such objectives have been set, the reasons why they have not been set;

(d) whether the trustees have reviewed the objectives set for the IC provider in accordance with regulation 35(3) of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997, and if no such review has been carried out, why that is the case, and

(e) whether the trustees have reviewed the performance of the IC provider in accordance with regulation 36 of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997, and if no such review has been carried out, why that is the case.

(3E) For the purposes of paragraphs (3C) and (3D), “appoint”, in relation to an in-scope FM provider or an IC provider, includes—

(a) the reappointment of the provider;

(b) the extension of the provider’s term of appointment.”.

(1)

S.R. 2005 No. 93; relevant amending Regulations are S.R. 2015 No. 309 and S.R. 2021 Nos. and 272; see also regulation 3 of S.R. 2022 No. 216

(2)

Sub-paragraph (e) was amended by regulation 24(a) of S.R. 2015 No. 309

(3)

Sub-paragraph (l) was added by regulation 3 of S.R. 2021 No. 246

(4)

Paragraph (3A) was inserted by regulation 3(3) of S.R. 2021 No. 272