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The Pensions (Northern Ireland) Order 1995
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The Pensions (Northern Ireland) Order 1995, Part I is up to date with all changes known to be in force on or before 20 April 2024. 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part I:
- Instrument amended by 1998 c. 11 s.23 Sch.5 Pt.IV Ch.II para.72
- power to am. (prosp.) by 1998 c. 47 s.87
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2 para. 18(15)(16) repealed by 2012 c. 3 (N.I.) Sch. 2 para. 4(b)
- Sch. 2 Pt. 3 para. 18(8) repealed by 2008 c. 1 (N.I.) Sch. 6 Pt. 1 (Amendment could not be applied - affected provision not available on legislation.gov.uk)
- Sch. 2 Pt. 3 para. 18(18) repealed by 2008 c. 1 (N.I.) Sch. 6 Pt. 1 (Amendment could not be applied - affected provision not available on legislation.gov.uk)
- art. 37(1A)(a) word inserted by 2016 c. 1 (N.I.) Sch. 2 para. 7(a)
- art. 37(1A)(b) inserted by 2016 c. 1 (N.I.) Sch. 2 para. 7(b)
- art. 51(5A)-(5C) inserted by 2016 c. 1 (N.I.) s. 43(1)
- art. 51(7A) inserted by 2016 c. 1 (N.I.) s. 41(1)(b)
- art. 51(9)(10) inserted by 2016 c. 1 (N.I.) s. 42(3) (This amending provision is itself amended by S.I. 2019/193, reg. 7)
- art. 67A(3)(aa)-(ac) inserted by 2016 c. 1 (N.I.) s. 45(3)
- art. 67A(9)(b)(viii)-(x) inserted by 2016 c. 1 (N.I.) s. 45(6)(b)
- art. 73(2)(2A) substituted for art. 73(2) by 2016 c. 1 (N.I.) Sch. 2 para. 11
- art. 75(1)-(1B) substituted for art. 75(1) by 2016 c. 1 (N.I.) Sch. 2 para. 12
- art. 167(3)(aa) inserted by 2016 c. 1 (N.I.) s. 43(2)
Part IN.I.Introductory
Title and commencementN.I.
1.—(1) This Order may be cited as the Pensions (Northern Ireland) Order 1995.
(2) Subject to the following provisions, this Order comes into operation on such day or days as the Department may by order appointF1.
(3) The following provisions come into operation on the expiration of two days from the day on which this Order is made—
(a)Part III, subject to Schedule 2,
(b)Article 163,
and any repeal in Schedule 5 for which there is a note comes into operation in accordance with that note.
(4) Article 162 and the repeal in Schedule 5, Part IV, in the Matrimonial Causes (Northern Ireland) Order 1978F2 come into operation on such day or days as the Lord Chancellor may by order appoint.
(5) Without prejudice to Article 166(3), the power to make an order under this Article includes power—
(a)to make such transitional adaptations or modifications—
(i)of the provisions brought into operation by the order, or
(ii)in connection with those provisions, or any provision of this Order, or the Pension Schemes Act, then in force, or
(b)to make such savings for the effect of any of the repealed provisions of the Pension Schemes Act, or those provisions as adapted or modified by the order,
as appear to the Department expedient, including different adaptations or modifications for different periods.
F1partly exercised by SR 1995/477;1996/91,284,307,534;1997/37,136,192
InterpretationN.I.
2.—(1) The Interpretation Act (Northern Ireland) 1954F3 applies to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992F4;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992F5;
“the Department” means the Department of Health and Social Services;
“enactment” includes any statutory provision (as defined by section 1 of the Interpretation Act (Northern Ireland) 1954);
“occupational pension scheme” and “personal pension scheme” have the meaning given by section 1 of the Pension Schemes Act;
“the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993F6;
“regulations” means regulations made by the Department or any other Northern Ireland department, as the context may require.
(3) In the application of section 24(1) of the Interpretation Act (Northern Ireland) 1954 (service of documents by post by registering them) for the purposes of this Order, omit “registering”.
(4) Subject to the provisions of this Order, expressions used in this Order and in the Pension Schemes Act have the same meaning in this Order as in that Act.
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