http://www.legislation.gov.uk/ukpga/1993/49/section/7Pension Schemes (Northern Ireland) Act 1993 An Act to consolidate for Northern Ireland certain enactments relating to pension schemes, with corrections and minor improvements under the Consolidation of Enactments (Procedure) Act 1949.texttext/xmlenStatute Law Database2026-05-05Expert Participation2026-04-06 Part III<CommentaryRef Ref="key-2ae0e236f424ffe745222d338c93f037"/> <Substitution ChangeId="key-d2958520cd7a1b7ff9b807c2b5b2c904-1581000533475" CommentaryRef="key-d2958520cd7a1b7ff9b807c2b5b2c904">Schemes that were contracted-out etc.</Substitution> and Effects on Members’ State Scheme Rights ...Chapter I <Substitution ChangeId="key-f01c0e01c3cb2d5e03204911fc8c60b0-1581000665469" CommentaryRef="key-f01c0e01c3cb2d5e03204911fc8c60b0">Schemes that were contracted-out: guaranteed minimum pensions and alteration of scheme rules etc.</Substitution> <Repeal ChangeId="key-748ba0c80629b21ac2c57be7d7a1efa6-1581080216962" CommentaryRef="key-748ba0c80629b21ac2c57be7d7a1efa6" RetainText="true">General requirements for certification</Repeal> Elections as to employments covered by contracting-out certificates.71Subject to the provisions of this Part, an employment otherwise satisfying the conditions for inclusion in a contracting-out certificate shall be so included if and so long as the employer so elects and not otherwise.2Subject to subsections (3) and (4), an election may be so made, and an employment so included, either generally or in relation only to a particular description of earners.3Except in such cases as may be prescribed, an employer shall not, in making or abstaining from making any election under this section, discriminate between different earners on any grounds other than the nature of their employment.4If the Inland Revenue consider that an employer is contravening subsection (3) in relation to any scheme, they may—arefuse to give effect to any election made by him in relation to that scheme; orbcancel any contracting-out certificate held by him in respect of it.5Regulations may make provision—afor regulating the manner in which an employer is to make an election with a view to the issue, variation or surrender of a contracting-out certificate;bfor requiring an employer to give a notice of his intentions in respect of making or abstaining from making any such election in relation to any existing or proposed scheme—ito employees in any employment to which the scheme applies or to which it is proposed that it should apply;iito any independent trade union recognised to any extent for the purpose of collective bargaining in relation to those employees;iiito the trustees and managers of the scheme; andivto such other persons as may be prescribed;cfor requiring an employer, in connection with any such notice, to furnish such information as may be prescribed and to undertake such consultations as may be prescribed with any such trade union as is mentioned in paragraph (b)(ii);dfor empowering the Inland Revenue to refuse to give effect to an election made by an employer unless they are satisfied that he has complied with the requirements of the regulations;efor referring to an industrial tribunal any question—iwhether an organisation is such a trade union as is mentioned in paragraph (b)(ii), oriiwhether the requirements of the regulations as to consultation have been complied with.Pt. 3: power to modify conferred (1.6.1996 for certain purposes otherwise 6.4.1997) by S.I. 1995/3213 (N.I. 22), art. 146(1); S.R. 1996/91, art. 2(f); S.R. 1997/192, art. 2Pt. 3: power to transfer functions conferred (1.4.1999) by 1999 c. 2, s. 23(1)(2)(6); S.I. 1999/527, art. 2(b), Sch. 2Words in s. 7(4) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 40(2)(a); S.R. 1999/149, art. 2(c), Sch. 2Words in s. 7(4) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 40(2)(b); S.R. 1999/149, art. 2(c), Sch. 2Words in s. 7(5)(d) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 40(3); S.R. 1999/149, art. 2(c), Sch. 2Words in s. 7(5)(d) substituted (24.3.1999 for certain purposes and otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 40(3); S.R. 1999/149, art. 2(c), Sch. 2S. 7 repealed (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 9 (with savings until 6.4.2019 by S.R. 2016/106, arts. 1(1)(2), 2(1)(2))Words in Pt. 3 heading omitted (6.4.2016) by virtue of Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 3(b)S. 5 cross-heading repealed (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 8 (with savings until 6.4.2019 by S.R. 2016/106, arts. 1(1)(2), 2(1)(2))Pt. 3 modified (24.7.2014) by The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/204), regs. 1(1), 6(2)Words in Pt. 3 heading substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 3(a)Pt. 3 Ch. 1 heading substituted (6.4.2016) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(3), Sch. 13 para. 4