The Pension Schemes (Categories) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for certain pension schemes to fall within the definition of “occupational pension scheme” in section 1(1) of the Pension Schemes (Northern Ireland) Act 1993 (“the 1993 Act”). They also provide that certain stakeholder pension schemes which are occupational pension schemes are to be treated as personal pension schemes.

Regulation 1 provides citation, commencement and interpretation.

Regulation 2 prescribes three descriptions of pension scheme as occupational pension schemes. These are—

(a) schemes established by a person other than an employer of persons benefiting from the scheme, but in respect of whom such employers contribute to the scheme;

(b) pension schemes established pursuant to the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999 (which might not otherwise be occupational pension schemes because they do not have their main administration in the United Kingdom), and

(c) schemes fulfilling the criteria set out in the definition of “public service pension scheme” in section 1(1) of the 1993 Act (except the requirement to be an occupational pension scheme).

Regulation 3 provides that a stakeholder pension scheme established under a trust, where the provisions of the scheme do not require the employer of any member of the scheme to make contributions to it, is to be treated as a personal pension scheme.

Section 1(1) of the 1993 Act, one of the enabling provisions under which these Regulations are made, was amended by Article 216 of the Pensions (Northern Ireland) Order 2005 (“the Order”). Article 216 of the Order was brought into operation for the purpose of making regulations on 1st July 2005 and for other purposes on 22nd September 2005 and 6th April 2006 by the Pensions (2005 Order) (Commencement No. 5 and Appointed Day) Order (Northern Ireland) 2005 (S.R. 2005 No. 321 (C. 24)).