The Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Regulations.)

These Regulations make provision in respect of the administration of occupational pension schemes under the Pensions (Northern Ireland) Order 1995 (“the Order”).

Part I relates to citation, commencement and interpretation.

Part II makes provision relating to the requirements for professional advisers (regulations 2 and 3), qualification and experience of the auditor or actuary (regulation 4), manner and terms of appointment and removal of professional advisers (regulation 5) and the duty to disclose information (regulation 6).

Part III makes provision relating to the eligibility to act as actuary or auditor and the meaning of trustee (regulations 7 and 8), manner and time of notice of occasion and circumstances in which no notice is required (regulations 9 and 10), exception to the requirement for money to be kept by trustees (regulation 11), requirement to keep records and books and form of those records (regulations 12 and 13), period for which books and records must be kept (regulation 14) and requirement of employers to make payments into separate accounts and time within which employers must make payments to trustees or managers (regulations 15 and 16).

Part IV makes provision relating to money purchase occupational pension schemes and requires them to maintain a payment schedule and the requirements which a payment schedule must satisfy (regulations 18 and 19), exemptions from the requirement to secure a payment schedule (regulation 17), period within which notice must be given where amounts payable have not been paid and circumstances where notice of non-payment need not be given (regulations 20 and 21).

The Pensions (1995 Order) (Commencement No. 2) Order (Northern Ireland) 1996 (S.R. 1996 No. 91 (C. 4)) provides for the coming into operation of Article 166 of the Order, in so far as it was not already in operation, on 6th April 1996 and provides for the coming into operation of the other enabling provisions under which these Regulations are made on that date for the purpose only of authorising the making of regulations.

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.