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The Pensions (Northern Ireland) Order 2005

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Pensions (Northern Ireland) Order 2005 No. 255

The Pensions Ombudsman

Deputy Pensions Ombudsman

251.  After section 141(3) of the Pension Schemes Act (the Pensions Ombudsman) add—

(4) The Department may reimburse the Pensions Ombudsman in respect of any expenses incurred by a Deputy Pensions Ombudsman in the performance of any of the Pensions Ombudsman’s functions.

(5) In this section “Deputy Pensions Ombudsman” means a person appointed under section 145A of the Pension Schemes Act 1993..

Jurisdiction

252.—(1) After section 142(4) of the Pension Schemes Act (power to apply Part X of that Act to those concerned with the administration of a scheme) insert—

(4A) For the purposes of subsection (4) a person or body of persons is concerned with the administration of an occupational or personal pension scheme where the person or body is responsible for carrying out an act of administration concerned with the scheme..

(2) The amendment made by this Article has effect in relation to the making of any provision under section 142(4) of the Pension Schemes Act applying Part X of that Act in relation to a complaint or a dispute in so far as it relates to a matter which arises on or after the day on which this Article comes into operation.

(3) For the purposes of paragraph (2), a question falling within section 142(1)(g) of the Pension Schemes Act is to be treated as a dispute.

Investigations

253.—(1) Omit section 50 of the 2000 Act (which amends sections 144, 145 and 147 of the Pension Schemes Act and which has not been brought into operation except for the purpose of making rules).

(2) Omit the following provisions of the Pension Schemes Act—

(a)section 144(4)(ba) and (bb) as inserted by section 50(2) of the 2000 Act,

(b)section 145(1), (1A) and (1B) as substituted by section 50(3) of the 2000 Act,

(c)section 145(3)(ba) as substituted by section 50(4) of the 2000 Act,

(d)section 145(3)(d) and the word “and” immediately preceding it as added by section 50(5) of the 2000 Act,

(e)section 145(8) as added by section 50(6) of the 2000 Act,

(f)section 147(1)(c) and the word “and” immediately preceding it as added by section 50(7) of the 2000 Act,

(g)section 147(3)(ba) and (bb) as substituted by section 50(8) of the 2000 Act, and

(h)in section 147(3)(c) the words “any of paragraphs (a) to (bb)” as substituted by section 50(8) of the 2000 Act,

to the extent that those amendments made by section 50 of the 2000 Act have been brought into operation for the purpose of making rules.

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