Search Legislation

Pensions (No. 2) Act (Northern Ireland) 2008

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Miscellaneous provisions relating to pensions

 Help about opening options

Status:

Point in time view as at 26/01/2009. This version of this cross heading contains provisions that are not valid for this point in time. Help about Status

Close

Status

Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.

Changes to legislation:

Pensions (No. 2) Act (Northern Ireland) 2008, Cross Heading: Miscellaneous provisions relating to pensions is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Miscellaneous provisions relating to pensionsN.I.

Amendments of provisions of the 2005 Order relating to contribution notices or financial support directionsN.I.

103  Schedule 8 (which amends the 2005 Order in relation to contribution notices and financial support directions) has effect.

Commencement Information

I1S. 103 wholly in operation at 29.6.2009; s. 103 in operation for certain purposes at Royal Assent see s. 118(2)(3); s. 103 in operation at 29.6.2009 in so far as not already in operation by S.R. 2009/249, art. 2(a)

Valid from 26/02/2010

Interest on late payment of leviesN.I.

104  Schedule 9 (which makes provision about payment of interest on late payment of levies) has effect.

Commencement Information

I2S. 104 partly in operation; s. 104 not in operation at Royal Assent see s. 118(1); s. 104 in operation for certain purposes at 26.2.2010 by S.R. 2010/50, art. 2(1)(b)

Valid from 06/04/2009

Payments to employersN.I.

105  In Article 37 of the 1995 Order (payment of surplus to employer) after paragraph (1) insert—

(1A) But this Article does not apply in the case of any of the payments listed in paragraphs (c) to (f) of section 175 of the Finance Act 2004 (authorised employer payments other than public service scheme payments or authorised surplus payments)..

Appointment of trusteesN.I.

106—(1) In Article 7 of the 1995 Order (appointment of trustees), in paragraph (3)—

(a)for “necessary”, in the first place where it occurs, substitute “ reasonable ”;

(b)omit “or” at the end of sub-paragraph (b);

(c)at the end add

, or

(d)otherwise to protect the interests of the generality of the members of the scheme..

(2) In paragraph 9(b) of Schedule 2 to the 2005 Order (reserved regulatory functions), for “or (c)” substitute “ , (c) or (d) ”.

Intervention by the Regulator where scheme's technical provisions improperly determinedN.I.

107  In Article 210 of the 2005 Order (powers of the Regulator), before sub-paragraph (a) of paragraph (1) insert—

(za)that the trustees or managers, when determining the methods and assumptions to be used in calculating the scheme's technical provisions, have failed to comply with a requirement imposed under Article 201(4)(c);.

Delegation of powers by the RegulatorN.I.

108—(1) In paragraph 2 of Schedule 1 to the 2005 Order (regulations relating to delegation of the Pensions Regulator's functions) the existing provision becomes sub-paragraph (1).

(2) For paragraph (d) of that sub-paragraph substitute—

(d)permitting the Regulator to authorise such persons, in such circumstances and under such arrangements, as the Regulator may determine, to exercise on behalf of the Regulator—

(i)the power to determine whether to exercise any of the functions listed in sub-paragraph (2) ;

(ii)the power to exercise any of the functions listed in sub-paragraph (2) or such other functions as may be prescribed..

(3) After that sub-paragraph insert—

(2) The functions mentioned in sub-paragraph (1)(d) are—

(a)the power to issue an improvement notice under Article 9;

(b)the power to issue a third party notice under Article 10;

(c)the power to recover unpaid contributions under Article 13;

(d)the power to require information under Article 67;

(e)the power to vary or revoke a determination, order, notice or direction under Article 96;

(f)the power to require payment of a penalty under Article 10 of the 1995 Order;

(g)the power to issue a compliance notice under section 35 of the Pensions (No. 2) Act (Northern Ireland) 2008;

(h)the power to issue a third party compliance notice under section 36 of that Act;

(i)the power to issue an unpaid contributions notice under section 37 of that Act;

(j)the power to issue a fixed penalty notice under section 40 of that Act;

(k)the power to issue an escalating penalty notice under section 41 of that Act;

(l)the power to recover penalties under section 42 of that Act;

(m)the power to review a notice under section 43 of that Act;

(n)the power to issue a compliance notice in respect of prohibited recruitment conduct under section 51 of that Act;

(o)the power to issue a penalty notice in respect of prohibited recruitment conduct under section 52 of that Act..

(4) Subsections (1) to (3)—

(a)do not affect any regulations made under paragraph 2(d) of Schedule 1 to the 2005 Order before the coming into operation of this section, and

(b)do not affect the powers conferred by that paragraph, so far as exercisable for the purpose of making, by way of consolidation, provision having the same effect as any provision of those regulations.

Exclusion of transfers out in certain casesN.I.

109—(1) The Pension Schemes Act is amended as follows.

(2) In section 89(1B) (regulations as to the application of provisions relating to transfers for early leavers) after paragraph (a) insert—

(aa)provide for this Chapter not to apply in prescribed circumstances in relation to a member of a prescribed scheme or schemes of a prescribed description;.

(3) In section 97F (transfer notice in respect of pension credit benefit) after subsection (6) insert—

(6A) Regulations may provide for this Chapter not to apply in prescribed circumstances in relation to a member of a prescribed scheme or schemes of a prescribed description..

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources