2022 No. 197 (C. 22)
The Pension Schemes Act 2021 (Commencement No. 5 and Transitional Provision) Order (Northern Ireland) 2022
Made
The Department for Communities makes the following Order in exercise of the powers conferred by section 131(2), (4) and (6) of the Pension Schemes Act 20211.
Citation and interpretationI1I11
1
The Order may be cited as the Pension Schemes Act 2021 (Commencement No. 5 and Transitional Provision) Order (Northern Ireland) 2022.
2
In this Order “the Act” means the Pension Schemes Act 2021.
Provisions coming into operation on 28th July 2022I2I52
The day appointed for the coming into operation of the following provisions of the Act is 28th July 2022—
a
section 117(b) (the Pensions Regulator: Northern Ireland) and paragraph 16 of Schedule 8 (amendments of the Pensions (Northern Ireland) Order 2005) in so far as they relate to the provisions specified in paragraph (b), and
b
paragraphs 27 to 31 of Schedule 8 (minor and consequential amendments).
Provisions coming into operation on 1st August 2022I3I63
The day appointed for the coming into operation of the following provisions of the Act is 1st August 2022—
a
Part 2 (collective money purchase benefits: Northern Ireland) in so far as it is not in operation, except for paragraph 20 of Schedule 6 (collective money purchase benefits: minor and consequential amendments) and section 99 and paragraph 11 in so far as they relate to paragraph 20;
b
paragraph 10 of Schedule 8 (inspection of premises) in so far as it is not in operation;
c
paragraph 12 of Schedule 8 (provision of false or misleading information to Regulator) in so far as it inserts paragraph (2)(c)(v) of Article 75A into the Pensions (Northern Ireland) Order 20052 (financial penalty for providing false or misleading information to Regulator);
d
section 117(a) and paragraph 1 of Schedule 8 in so far as they relate to the provisions specified in paragraphs (b) and (c);
e
section 117(b) and Part 2 of Schedule 8 in so far as they are not in operation;
f
paragraph 16 of Schedule 11 (categories of pension schemes: repeal of provisions of Pension Schemes Act (Northern Ireland) 2016), except for sub-paragraph (c) in so far as it omits section 44 of the Pension Schemes Act (Northern Ireland) 20163 (removal of requirement to maintain register of independent trustees), and
g
section 129(b) (further provision relating to pension schemes: Northern Ireland) in so far as it relates to the provisions specified in paragraph (f).
Transitional provision in respect of schemes which were established before 1st August 2022I4I44
1
Subject to paragraph (2), section 54 of the Act (qualifying schemes) does not apply to a pension scheme which was established before 1st August 2022.
2
Where—
a
a pension scheme which was established before 1st August 2022 is divided into sections for the purpose of providing benefits under the scheme which are qualifying benefits under section 53 of the Act (qualifying benefits) (whether or not the scheme has previously been divided into sections), and
b
a section of the pension scheme which provides, or is to provide, such benefits—
i
first operates after 31st July 2022;
ii
does not first operate before it is authorised, and
iii
does not have rights to benefits under the scheme attributed to it before the date that it first operates,
section 54 of the Act applies to the pension scheme in so far only as required to permit the application of section 52(2)(b) of the Act (collective money purchase benefits and schemes) to any such section of the pension scheme.
3
For the purposes of this Order, a section of a pension scheme first operates when payments made by or on behalf of or in respect of members of the scheme for the purpose of providing benefits under the scheme are first allocated to the section.
4
In this Article “authorised” and “pension scheme” each have the meaning given in section 100(1) of the Act.
Sealed with the Official Seal of the Department for Communities on 27th July 2022
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Pension Schemes Act 2021 have been brought into operation by earlier commencement orders as from the dates shown.
Provision | Date of Commencement | S.R. No. | |
---|---|---|---|
Section 99 | (partially) | 29th April 2022 | |
Section 117 | (partially) | 1st October 2021 | |
(partially) | 1st October 2021 | ||
Section 129 | (partially) | 1st October 2021 | |
(partially) | 29th September 2021 | ||
(partially) | 1st October 2021 | ||
(partially) | 30th November 2021 | ||
Schedule 6 | (partially) | 29th April 2022 | |
Schedule 8 | (partially) | 1st October 2021 | |
(partially) | 1st October 2021 | ||
Schedule 11 | (partially) | 1st October 2021 | |
(partially) | 29th September 2021 | ||
(partially) | 1st October 2021 | ||
(partially) | 30th November 2021 |