Modifications etc. (not altering text)
C1Pt. III (arts. 101-199) applied by S.R. 2005/55, reg. 2A (as inserted (8.3.2010) by Pension Protection Fund and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/32), reg. 2(4))
C2Pt. III amendment to earlier affecting provision S.R. 2005/91 (23.7.2012) by The Pension Protection Fund (Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/270), regs. 1, 2
C3Pt. III modified by S.R. 2005/55 (as amended) (30.4.2013) by The Pension Protection Fund and Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/95), regs. 1(2), 3
144 .F1—(1 )F1 F2This Article applies where the Board is required to assume responsibility for a scheme under Article 111, 112, 136 or 142.
F2(2) The Board must give the trustees or managers a notice (a “transfer notice”).
F2(3) In a case to which Article 111 or 112 applies, a transfer notice may not be given until the [F3determination made or valuation obtained under Article 127(2)] is binding.
(4) In a case to which Article 142 applies, a transfer notice may not be given until the [F4determination made or] valuation obtained under paragraph (3) of that Article is binding.
F1F2(5 )F1 A transfer notice may not be given in relation to a scheme during any period when the issue of, or failure to issue, a withdrawal notice under or by virtue of Article 130 or 131 (refusal to assume responsibility) is reviewable (see Article 133(6)(b)).
(6 )F2 The Board must give a copy of any notice given under paragraph (2) to—
(a)the Regulator, and
(b)any insolvency practitioner in relation to the employer or, if there is no such insolvency practitioner, the employer.
(7) This Article is subject to Article [F5156(2)] (no transfer notice F6... when fraud compensation application is pending).F1
F1mod. by SR 2005/55
F2mod. by SR 2005/91
F3Words in art. 144(3) substituted (23.7.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(3), Sch. 4 para. 12(2); S.R. 2012/265, art. 2(4)(a)(ii)
F4Words in art. 144(4) inserted (23.7.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(3), Sch. 4 para. 12(3); S.R. 2012/265, art. 2(4)(a)(ii)
F5Word in art. 144(7) substituted (7.6.2012) by Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(3), Sch. 4 para. 17(2)(a); S.R. 2012/233, art. 2(2)(k)(ii)
F6Words in art. 144(7) omitted (7.6.2012) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), s. 34(3), Sch. 4 para. 17(2)(b); S.R. 2012/233, art. 2(2)(k)(ii)
Commencement Information
I1Art. 144 wholly in operation at 6.4.2007; art. 144 not in operation at date of making see art. 1(2); Art. 144 partly in operation at 6.4.2005 by S.R. 2005/48, art. 2(7), Sch. Pt. 7; Art. 144(7) in operation at 6.4.2006 in so far as not already in operation by S.R. 2006/95, art. 2(c), Sch. Pt. 3; Art. 144 in operation at 6.4.2007 in so far as it is not already in operation by S.R. 2006/352, art. 2(5), Sch. Pt. 2