Explanatory Memorandum

Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010

2010 CHAPTER 4

12th February 2010

Commentary on Sections

Section 1: Transfer of functions of the Pensions Regulator Tribunal

Section 1 provides for the functions of the Pensions Regulator Tribunal to be transferred to the First-tier Tribunal and the Upper Tribunal. The question as to which Tribunal is to exercise the functions in a particular case will be determined by, or under, Tribunal Procedure Rules made by the Tribunal Procedure Committee under section 22 of the Tribunals, Courts and Enforcement Act 2007.

Section 2: Power to make ancillary provisions etc.

Section 2 provides a power for the Department to make ancillary provision by order, subject to the confirmatory procedure. For example, this will enable the Department to make the necessary consequential amendments to subordinate legislation.

Schedule 1 - Amendments

Schedule 1 makes amendments to primary legislation, in so far as it applies in Northern Ireland, consequential upon the transfer of the Pensions Regulator Tribunal into the new structure. In particular, Schedule 1 provides for offences, for example, where a person refuses to produce documents to the new tribunals. This merely re-enacts provisions of the Pensions Act 2004 which extend to Northern Ireland but are now being repealed.

Schedule 2 - Transitional and saving provisions

Schedule 2 makes transitional and saving provisions for the treatment of cases which had been dealt with by the Pensions Regulator Tribunal or were underway or pending at the transfer date.

Cases which have been started in the Pensions Regulator Tribunal will be transferred to the Upper Tribunal and in such cases the following will apply—

Schedule 2 also provides that if a right of appeal to the court has not been exercised before the date of transfer and the time for doing so has not expired, an appeal is to be treated as if it were an appeal against a decision of the Upper Tribunal.