2011 No. 108 (C. 7)
Pensions

The Pensions (2008 No. 2 Act) (Commencement No. 5) Order (Northern Ireland) 2011

Made
The Department for Social Development makes the following Order in exercise of the powers conferred by section 118(1) of the Pensions (No. 2) Act (Northern Ireland) 20081.

Citation and interpretation1.

(1)

(2)

In this Order “the Act” means the Pensions (No. 2) Act (Northern Ireland) 2008.

Commencement of provisions2.

(1)

The following provisions of the Act shall come into operation on 16th March 2011—

(a)

section 63 (objectives of the Regulator); and

(b)

section 99 (charges in respect of pension sharing etc.) for the purpose only of conferring the power to make regulations.

(2)

The provisions of the Act specified in the Schedule shall come into operation, in so far as they are not already in operation, on 6th April 2011.

Sealed with the Official Seal of the Department for Social Development on 15th March 2011

(L.S.)
Anne McCleary
A senior officer of the Department for Social Development

SCHEDULEProvisions of the Act coming into operation on 6th April 2011 in so far as they are not already in operation

Article 2(2)

Provisions of the Act

Subject matter

Section 86

Scope of mechanism

Section 87

Interpretation

Section 88

Activation of pension compensation sharing

Section 89

Creation of pension compensation debits and credits

Section 90

Cash equivalents

Section 91

Reduction of compensation

Section 92

Time for discharge of liability

Section 93

“Implementation period”

Section 94

Discharge of liability

Section 95

Charges in respect of pension compensation sharing costs

Section 96

Supply of information about pension compensation in relation to divorce etc.

Section 97

Supply of information about pension compensation sharing

Section 98

Pension compensation sharing and attachment on divorce etc.

Section 99

Charges in respect of pension sharing etc.

Section 101

Consequential amendments

Schedule 4, paragraphs 1 to 10 and 12 to 20

Pension compensation payable on discharge of pension compensation credit

Schedule 5

Pension compensation on divorce etc.

Part 4 of Schedule 10 and section 116 in so far as it relates to that Part

Repeals

EXPLANATORY NOTE
(This note is not part of the Order)

This Order brings into operation section 63 of the Pensions (No. 2) Act (Northern Ireland) 2008 (“the Act”) on 16th March 2011. Section 63 amends Article 4(1) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)) to provide a new statutory objective for the Pensions Regulator.

The Order brings section 99 of the Act into operation on 16th March 2011, for the purpose only of conferring power to make regulations. It also brings sections 86 to 99 and 101 of, and Schedule 4 (except paragraph 11), Schedule 5 and Part 4 of Schedule 10 to, the Act into operation, in so far as they are not already in operation, on 6th April 2011. Those sections and Schedules make provision for pension compensation to be shared on divorce, dissolution of a civil partnership or in cases of nullity, for attachment orders to be made on divorce etc. in relation to pension compensation and for the Board of the Pension Protection Fund to recover charges in respect of pension sharing etc.

NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)

The following provisions of the Pensions (No. 2) Act (Northern Ireland) 2008 have been brought into operation by earlier commencement orders as from the dates shown.

Provision

Date of Commencement

S.R. No.

Section 61

26th January 2009

2009/22 (C.1)

Section 62

26th January 2009

2009/22 (C.1)

Section 78 (partially)

5th July 2010

2010/50 (C.2)

Section 79

6th April 2009

2009/22 (C.1)

Section 80 (partially)

6th April 2009

2009/22 (C.1)

(partially)

6th April 2009

2009/147 (C.9)

Section 100 (partially)

1st April 2009

2009/147 (C.9)

Section 103 (partially)

29th June 2009

2009/249 (C.16)

Section 104 (partially)

26th February 2010

2010/50 (C.2)

Section 105

6th April 2009

2009/22 (C.1)

Section 106

26th January 2009

2009/22 (C.1)

Section 107

26th January 2009

2009/22 (C.1)

Section 116 (partially)

6th April 2009

2009/22 (C.1)

Schedule 1 (partially)

6th April 2009

2009/22 (C.1)

(partially)

6th April 2009

2009/147 (C.9)

Schedule 6 (partially)

1st April 2009

2009/147 (C.9)

Schedule 8 (partially)

29th June 2009

2009/249 (C.16)

Schedule 9 (partially)

26th February 2010

2010/50 (C.2)

Schedule 10 (partially)

6th April 2009

2009/22 (C.1)