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Pension Schemes Act (Northern Ireland) 2021

Section 35: When a decision to withdraw authorisation becomes final

This section determines the date on which a decision to withdraw authorisation becomes final for the purposes of a triggering event within item 1 or 2 of the table in section 21. The date on which it becomes final is set out in the table under subsection (3) in the third column for the circumstances set out in the second column.

The circumstances provided for are where:

  • the Pensions Regulator makes a determination to withdraw authorisation and there is no referral to the Tribunal within the time period allowed (item 1);

  • there is a compulsory review by the Pensions Regulator under Article 94 of the Pensions (Northern Ireland) Order 2005 and it makes a determination that authorisation should be withdrawn (and there is no referral to the Tribunal within the time period allowed) (item 2);

  • there is a referral to the Tribunal and it determines that the Pensions Regulator should withdraw a scheme’s authorisation (and either no appeal is brought within the time period allowed, or an appeal is brought but later withdrawn);

  • there is an appeal against the Tribunal’s determination, and the effect of the appeal is that the scheme’s authorisation should be withdrawn.

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