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Pension Schemes Act (Northern Ireland) 2016
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Pension Schemes Act (Northern Ireland) 2016, Section 38 is up to date with all changes known to be in force on or before 01 October 2022. 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.
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Changes and effects yet to be applied to Section 38:
- s. 38(2) omitted by 2021 c. 1 Sch. 11 para. 16(c)
- s. 38(3) omitted by 2021 c. 1 Sch. 11 para. 16(c)
- s. 38(5)-(7) omitted by 2021 c. 1 Sch. 11 para. 16(c)
Disclosure of information about schemesN.I.
This section has no associated Explanatory Notes
38—(1) Section 109 of the Pension Schemes Act (disclosure of information about schemes to members etc) is amended as follows.
(2) In subsection (1)—
(a)in the opening words, for “the persons mentioned in subsection (2)” substitute “ persons of prescribed descriptions ”;
(b)in paragraph (ca), omit “to the member” and “by him”.
(3) Omit subsection (2).
(4) Before subsection (3) insert—
“(2A) In complying with requirements specified in the regulations, a person must have regard to any guidance prepared from time to time by the Department.”.
(5) For subsection (4) substitute—
“(4) Where the regulations specify requirements to be complied with in the case of an occupational pension scheme with respect to keeping recognised trade unions informed, the regulations must make provision for referring to an industrial tribunal any question whether an organisation is a recognised trade union.
(4A) For the purposes of subsection (4) a trade union is a recognised trade union in relation to an occupational pension scheme if it is an independent trade union recognised to any extent for the purposes of collective bargaining in relation to members and to prospective members of the scheme.”.
(6) In subsection (5), for “some or all of the persons mentioned in subsection (2)” substitute “ persons of a prescribed description ”.
(7) Omit paragraph 13 of Schedule 10 to the 2005 Order, which is no longer needed given subsection (3).
Commencement Information
I1S. 38(1) in operation at 9.3.2018 for specified purposes by S.R. 2018/43, art. 2
I2S. 38(4) in operation at 9.3.2018 by S.R. 2018/43, art. 2
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