12th February 2010
3.The Pensions Regulator Tribunal is established under section 102 of the Pensions Act 2004. The Tribunal hears appeals against determinations of the Pensions Regulator. Both the Pensions Regulator and the Pensions Regulator Tribunal operate on a UK-wide basis. The functions of the Pensions Regulator Tribunal are conferred by both Great Britain and Northern Ireland legislation.
4.The Tribunals, Courts and Enforcement Act 2007 (c. 15) (“the 2007 Act”) provides a power to enable the Lord Chancellor to transfer by way of an order (“the Transfer Order”) existing tribunals’ functions, including those of the Pensions Regulator Tribunal, to a new tribunal structure. The new tribunal structure has two tiers, the First-tier Tribunal and the Upper Tribunal. The 2007 Act does not allow the Lord Chancellor to transfer functions which are within the legislative competence of the Assembly.
5.The Act transfers the functions of the Pensions Regulator Tribunal, in so far as they relate to Northern Ireland, to the First-tier Tribunal and the Upper Tribunal. It therefore makes provision for Northern Ireland corresponding to provision contained in the Transfer Order made by the Lord Chancellor in relation to Great Britain.