The Occupational Pension Schemes (Winding up, etc. ) Regulations (Northern Ireland) 2005

Interpretation N.I.

[F1 2.— (1) In these Regulations –

“the 1995 Order” means the Pensions (Northern Ireland) Order 1995;

“the 1999 Order” means the Welfare Reform and Pensions (Northern Ireland) Order1999;

“the 2005 Order” means the Pensions (Northern Ireland) Order 2005(1);

“assessment period” has the meaning given by Article 116 of the 2005 Order (assessment periods);

“the tax condition”, in relation to a scheme, means –

(a)

that the scheme has been approved by the Commissioners of Inland Revenue for the purposes of section 590(2) or 591(3) of the Taxes Act 1988 (conditions for approval of retirement benefit schemes or discretionary approval) at any time before 6th April 2006; or

(b)

that the scheme is registered under section 153 of the Finance Act 2004(4) (registration of pension schemes);

“the Winding Up Regulations” means the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996(5).

In these Regulations “scheme” must be read in appropriate cases in accordance with the modifications of Articles 73 to 74 of the 1995 Order made by regulation 13 (multi-employer sectionalised schemes, schemes with partial government guarantee and partly foreign schemes) and “employer” and “member” must be read accordingly.

Subject to paragraphs (1) and (2) and regulation 12 (commencement of winding up), expressions used in these Regulations have the same meaning as in Article 121 of the 1995 Order.

The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Assembly.]

Textual Amendments

F1 Reg. 2(1): reg. 2 renumbered as reg. 2(1) (6.4.2016) by The Pensions (2015 Act) (Abolition of Contracting-out for Salary Related Pension Schemes) (Consequential Amendments and Savings) Order (Northern Ireland) 2016 (S.R. 2016/158), arts. 1(a), 24(a)

Commencement Information

I1 Reg. 2 in operation at 6.4.2005, see reg. 1(2)

(1)

S.I. 2005/255 (N.I. 1)

(2)

Section 590 was amended by paragraph 18 of Schedule 3 to the Finance Act 1988 (c. 39), paragraph 3 of Schedule 6 to the Finance Act 1989 (c. 26); (see also paragraph 18(2) and (3) of that Schedule), sections 34 and 36(2) and (3) of the Finance Act 1991 (c. 31) and paragraph 2 of Schedule 10 to the Finance Act 1999 (c. 16)

(3)

Section 591 was amended by paragraph 6 of Schedule 13 to the Finance Act 1988; (see also paragraph 1 of that Schedule), section 107 of the Finance Act 1994 (c. 9), section 59(2) of the Finance Act 1995 (c. 4); (see also section 60(1) of that Act) and paragraph 3 of Schedule 10 to the Finance Act 1999; (see also paragraph 18(1) and (3) of that Schedule)

(4)

2004 c. 12; at the time of coming into operation of these regulations section 153 has not yet been brought into force

(5)

S.R. 1996 No. 621; relevant amending regulations are S.R. 1997 No. 160, S.R. 1999 No. 486, S.R. 2002 No. 64, S.R. 2004 No. 187 and S.R. 2005 No. 20

(6)

1954 c. 33 (N.I.)