The Occupational Pension Schemes (Payments to Employers) (Amendment) Regulations (Northern Ireland) 1997

Statutory Rules of Northern Ireland

1997 No. 473

PENSIONS

The Occupational Pension Schemes (Payments to Employers) (Amendment) Regulations (Northern Ireland) 1997

Made

28th October 1997

Coming into operation

24th November 1997

The Department of Health and Social Services, in exercise of the powers conferred on it by Articles 37(10) and 76(8) of the Pensions (Northern Ireland) Order 1995(1) and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Occupational Pension Schemes (Payments to Employers) (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation on 24th November 1997.

Amendment of the Occupational Pension Schemes (Payments to Employers) Regulations

2.  In regulation 14(b) of the Occupational Pension Schemes (Payments to Employers) Regulations (Northern Ireland) 1997(2) (exemptions from the application of Articles 37 and 76 of the Pensions (Northern Ireland) Order 1995) the words “are provided for by virtue of any enactment or” shall be omitted.

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.

John O'Neill

Assistant Secretary

28th October 1997.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Occupational Pension Schemes (Payments to Employers) Regulations (Northern Ireland) 1997 (“the principal Regulations”).

Regulation 2 amends regulation 14 of the principal Regulations so as to limit the exemptions from Articles 37 and 76 of the Pensions (Northern Ireland) Order 1995 (“the Order”) to schemes where a Minister of the Crown or government department has given a guarantee or made other arrangements for securing that the scheme assets are sufficient to meet its liabilities or to schemes where arrangements for the payment of any surplus or distribution of any excess assets are subject to the approval of a Minister of the Crown or government department.

As these Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain, the requirement for consultation under Article 117(1) of the Order does not apply by virtue of paragraph (2)(e) of that Article.

(1)

S.I. 1995/3213 (N.I. 22)

(2)

S.R. 1997 No. 96, to which there are amendments not relevant to these regulations