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The Pensions (Northern Ireland) Order 1995

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Persons disqualified for being trusteesN.I.

29.—(1) Subject to paragraph (5), a person is disqualified for being a trustee of any trust scheme if—

(a)he has been convicted of any offence involving dishonesty or deception,

(b)he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged [F1or he is the subject of a bankruptcy restrictions order],

[F2(ba)a moratorium period under a debt relief order (under Part 7A of the Insolvency (Northern Ireland) Order 1989) applies in relation to him or he is the subject of a debt relief restrictions order under Schedule 2ZB of the Insolvency (Northern Ireland) Order 1989,]

(c)where the person is a company, if any director of the company is disqualified under this Article,

(d)where the person is a Scottish partnership, if any partner is disqualified under this Article,

(e)he has made an arrangement or a composition contract with, or granted a trust deed for the behoof of, his creditors and has not been discharged in respect of it, or

(f)he is subject to a disqualification order[F3 or disqualification undertaking under the Company Directors Disqualification (Northern Ireland) Order 2002 or to such an order or undertaking] under any corresponding enactment for the time being in force in Great Britain.

(2) In paragraph (1)—

(a)sub-paragraph (a) applies whether the conviction occurred before or after the coming into operation of that paragraph, but does not apply in relation to any conviction which is a spent conviction for the purposes of the Rehabilitation of Offenders (Northern Ireland) Order 1978F4,

(b)sub-paragraph (b) applies whether the adjudication of bankruptcy or the sequestration [F5or the making of the bankruptcy restrictions order] occurred before or after the coming into operation of that paragraph,

(c)sub-paragraph (e) applies whether the arrangement or composition contract was made, or the trust deed was granted, before or after the coming into operation of that paragraph, and

(d)sub-paragraph (f) applies in relation to orders made before or after the coming into operation of that paragraph.

Paras. (3) & (4) rep. by 2005 NI 1

(5) The Authority may, on the application of any person disqualified under this Article—

(a)give notice in writing to him waiving his disqualification,

Sub-para. (b) rep. by 2005 NI 1

either generally or in relation to a particular scheme or particular[F6 description] of schemes.

(6) A notice givenF6. . . at any time by virtue of paragraph (5) cannot affect anything done before that time.

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