Regulation 2
SCHEDULEN.I.
Commencement Information
I1Sch. in operation at 6.4.2005, see reg. 1(1)
| Column 1 | Column 2 |
|---|---|
| Paragraph of Schedule 8 which specifies the failure | Prescribed period |
1. Paragraph 2 | 1. The period beginning with the 15th day after the date on which the Board receives a copy of a notice under Article 106(6) to the date on which the Board issues a determination notice under Article 107(4). |
2. Paragraph 3 | 2. Where – (a)Article 108(1)(a) applies, the period beginning with the 22nd day after the date on which the Board issues a determination notice under Article 107(4) not to approve the Article 106 notice to the date on which – (i)the Board issues a notice under Article 106 by virtue of Article 108(2), or (ii)a notice issued under Article 106 is binding under Article 109; (b)Article 108(1)(b) applies, the period beginning with the 29th day after the date on which the Board has sufficient information for it to be satisfied that an insolvency practitioner or former insolvency practitioner ought to have issued a notice under Article 106 to the date on which – (i)the Board issues a notice under Article 106 by virtue of Article 108(2), or (ii)a notice issued under Article 106 is binding under Article 109. |
3. Paragraph 3A | 3. The period beginning with – (a)the 29th day after the date on which the Board receives the written estimate of the value of assets and liabilities from the actuary under regulation 2(3)(a)(iii) of the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005; or (b)the 15th day after the date on which the Board receives any document requested or information required by a notice given under Article 173(2), whichever is the later, to the date on which the Board issues a validation notice under regulation 2(5) of those Regulations. |
4. Paragraph 4 | 4. In respect of – (a)a scheme failure notice under Article 114(2), the period beginning with the 15th day after the date on which the Board is able to confirm, in accordance with Article 114(5)(b), that a scheme rescue is not possible to the date on which – (i)the Board issues a scheme failure notice under Article 114(2), or (ii)a withdrawal notice issued under Article 114(3) is binding; (b)a withdrawal notice under Article 114(3), the period beginning with 15th day after the date on which the Board is able to confirm, in accordance with Article 114(5)(a), that a scheme rescue has occurred to the date on which – (i)the Board issues a withdrawal notice under Article 114(3), or (ii)a scheme failure notice issued under Article 114(3) is binding. |
5. Paragraph 7 | 5. The period beginning with the 15th day after the date on which the terms of the loan have been agreed to the date on which the Board makes a loan under Article 123(2). |
6. Paragraph 9 | 6. Unless Article 128(3) applies, the period beginning two months after the date on which the Board obtains a valuation in accordance with Article 127 to the date on which the Board gives a copy of the approved valuation to the persons specified in Article 128(2)(b). |
7. Paragraph 10 | 7. In the case of a withdrawal notice under – (a)Article 130(2)(a), the period beginning with the 15th day after the date on which the Board has sufficient information to be satisfied that an eligible scheme was not such a scheme throughout the period prescribed in regulations made under Article 130(1) to the date on which – (i)a notice is issued by the Board in accordance with Article 130(2)(a), or (ii)a withdrawal notice issued under Article 106(2)(b), 114(3), 131 or 132 is binding; (b)Article 131(2)(a), the period beginning with the 15th day after the date on which the Board has sufficient information to be satisfied of the matters specified in Article 131(1)(a) to (d) to the date on which – (i)a notice is issued by the Board in accordance with Article 131(2)(a), or (ii)a withdrawal notice issued under Article 106(2)(b), 114(3), 130 or 132 is binding. |
8. Paragraph 11 | 8. In the case of a withdrawal notice under – (a)Article 132(3), the period beginning with the 15th day after the date on which the Board has sufficient information to reach a determination under Article 132(2) to the date on which – (i)a withdrawal notice is issued by the Board under Article 132(3), or (ii)a withdrawal notice issued under Article 106(2)(b), 114(3), 130, 131 or 132(4) is binding; (b)Article 132(4), the period beginning with the 15th day after the end of the period mentioned in Article 132(2)(b) to the date on which – (i)a withdrawal notice is issued by the Board under Article 132(4), or (ii)a withdrawal notice issued under Article 106(2)(b), 114(3), 130, 131 or 132(3) is binding. |
9. Paragraph 12 | 9. The period beginning two months after the date on which the Board – (a)receives an application under Article 135(1); or (b)where Article 136(9) applies, obtains its own valuation of the assets or liabilities of the scheme, to the date on which the Board issues a determination under Article 136(3). |
10. Paragraph 13 | 10. The period beginning with the 29th day after the date on which the Board receives an application in the form and containing the information prescribed in regulations made under Article 137(4) to the date on which the Board issues a determination notice under Article 137(6). |
11. Paragraph 15 | 11. In a case to which – (a)Article 111 or 112 applies, the period beginning – (i)two months after the date on which the Board must assume liability for a scheme in accordance with Article 111(2) or 112(2), or (ii)two months after the date on which the first 12 months of the assessment period expires, whichever is the later, to the date on which the Board gives a transfer notice under Article 144(2); (b)Article 136 applies, the period beginning – (i)two months after the date on which the Board is satisfied of the matters set out in Article 136(2) and issues a determination notice under Article 136(3) which becomes binding under Article 136(6), or (ii)two months after the date on which the first 12 months of the assessment period expires, whichever is the later, to the date on which the Board gives a transfer notice under Article 144(2); (c)Article 142 applies, the period beginning – (i)two months after the date on which the Board must assume responsibility for the scheme in accordance with Article 142(1), or (ii)two months after the date on which the first 12 months of the assessment period expires, whichever is the later, to the date on which the Board gives a transfer notice under Article 144(2). |
12. Paragraph 15B | 12. Unless Article 128(3) applies, the period beginning two months after the date on which the Board obtains a valuation in accordance with Article 144(4A) to the date on which the Board gives a copy of the approved valuation to the persons specified in Article 128(2)(b). |
13. Paragraph 16 | 13. The period beginning with – (a)the 29th day after a transfer notice has been given under Article 144(2); or (b)the 29th day after the date on which entitlement to compensation arises, whichever is the later, to the date on which the Board issues a notice of entitlement to compensation. |
| F1. . . | F1. . . |
14. Paragraph 17 | 14. The period beginning with the 29th day after the date on which a transfer notice has been given under Article 144(2) to the date on which the date the Board makes payment under Article 147(4)(b). |
15. Paragraph 17A | 15. The period beginning with the 29th day after the date on which a transfer notice has been given under Article 144(2) to the date on which the Board makes payment under Article 150(2). |
16. Paragraph 18 | 16. In respect of – (a)the initial levy – (i)in a case where the eligible scheme is registered as an occupational pension scheme in accordance with regulations made under section 2 of the Pension Schemes Act, the period beginning with the day after the end of the initial period to the date on which the Board determines the eligibility of the scheme under Article 164(3)(a), (ii)in a case where, during the initial period, the trustees or managers of the eligible scheme notify the Regulator in accordance with Article 57(2) that the scheme is a registrable scheme, the period beginning with the day after the end of the first financial year following the initial period to the date on which the Board determines the eligibility of the scheme under Article 164(3)(a); (b)the pension protection levy – (i)in a case where, prior to the financial year in respect of which the levy is imposed, the trustees or managers of the eligible scheme notify the Regulator in accordance with Article 57(2) that the scheme is a registrable scheme, the period beginning with the day after the end of that financial year to the date on which the Board determines the eligibility of that scheme under Article 164(3)(a), (ii)in a case where, during the financial year in respect of which the levy is imposed, the trustees or managers of the eligible scheme notify the Regulator in accordance with Article 57(2) that the scheme is a registrable scheme, the period beginning with the day after the end of the next financial year to the date on which the Board determines the eligibility of that scheme under Article 164(3)(a). |
[F217. Paragraph 20 | 17. The period beginning with the 22nd day after the settlement date as determined by the Board under Article 167(2) until the Board makes fraud compensation payments under Article 165(1). |
18. Paragraph 21 | 18. In respect of a notice under— (a)Article 166(2)(a) the period beginning with the 15th day after the Board is able to confirm, in accordance with Article 166(2)(a), that a scheme rescue is not possible until the Board issues a notice under Article 166(2); (b)Article 166(2)(b) the period beginning with the 15th day after the Board is able to confirm, in accordance with Article 166(2)(b), that a scheme rescue has occurred until the Board issues a notice under Article 166(2). |
19. Paragraph 22 | 19. The period beginning with the 15th day after the date when the conditions set out in Article 165(1) have been satisfied and further recoveries of value, within the meaning of Article 167(3), are unlikely, until the Board determines the settlement date under Article 167(2). |
20. Paragraph 23 | 20. The period beginning with the 22nd day after the trustees or managers of the scheme have notified the Board that a payment has been received until the Board reaches a determination under Article 167(4) that the payment may be treated as a recovery of value. |
21. Paragraph 24 | 21. The period beginning with the 15th day after the Board has sufficient information for it to be satisfied that the case is one to which Article 169(1) applies, or may apply, and the trustees or managers of the scheme are not able to pay prescribed benefits under the scheme rules until the Board makes an interim payment under Article 169(1) in respect of the application under Article 165(1). |
22. Paragraph 31 | 22. The period beginning with the 22nd day after the Board has sufficient information to make a determination of any question which was within the functions of the Pensions Compensation Board under Articles 79 to 82 of the 1995 Order until the Board makes the determination.] |
Textual Amendments