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The Pension Protection Fund (Provision of Information) Regulations (Northern Ireland) 2005

Type Ni-Statutory-Rule

Publication 2005-03-16

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 16th March 2005

Coming into operation: 6th April 2005

The Department for Social Development, in exercise of the powers conferred on it by Articles 2(5)(a), 172, 185(1) and 287(2) and (3) of the Pensions (Northern Ireland) Order 2005[^f00001] and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Pension Protection Fund (Provision of Information) Regulations (Northern Ireland) 2005 and shall come into operation on 6th April 2005.

Interpretation

2

(1) In these Regulations –

“the Order” means the Pensions (Northern Ireland) Order 2005[^f00002];

“appointed representative” means a person –whose name, address and appointment by the member or beneficiary for the purposes of –providing information to the Board, orreceiving information from the Board,under regulation 3 or 5 have been notified to the Board in a document signed by the member or beneficiary in question or by his legal representative; andwhose appointment has been consented to by the Board;

“the assessment date” means the date on which the assessment period in relation to the scheme or section, or (where there has been more than one such assessment period) the last one, began;

“assessment period” shall be construed in accordance with Article 116 (assessment periods);

“beneficiary” in relation to an eligible scheme means any person, other than a member of that scheme, who is entitled to compensation in accordance with the pension compensation provisions;

“compensation payments” means one or more payments under Article 81 of the 1995 Order;

“the Compensation Regulations” means the Occupational Pension Schemes (Pensions Compensation Provisions) Regulations (Northern Ireland) 1997;

“eligible scheme” shall be construed in accordance with Article 110 (eligible schemes);

“fraud compensation payments” means one or more payments under Article 165(1) of the Order;

“the Fraud Compensation Regulations” means the Occupational Pension Schemes (Fraud Compensation Payments and Miscellaneous Amendments) Regulations (Northern Ireland) 2005;

“insolvency practitioner” shall be construed in accordance with Article 105 (insolvency event, insolvency date and insolvency practitioner);

“multi-employer scheme” shall be construed in accordance with Article 280(4);

“non-segregated scheme” means a multi-employer scheme which is not a segregated scheme;

“normal pension age” in relation to any pension or lump sum in respect of which compensation is payable shall be construed in accordance with paragraph 34 of Schedule 6 to the Order (pension compensation provisions);

“the Pensions Compensation Board” means the Board established under section 78 of the Pensions Act 1995;

“pension compensation provisions” shall be construed in accordance with Article 146 (the pension compensation provisions);

“personal representative” means the executor, original or by representation, or administrator for the time being of a deceased person;

“recovery of value” shall be construed in accordance with Article 167(3) of the Order or, as the case may be, in accordance with Article 79(3)(f) of the 1995 Order;

“the register” means the register of occupational and personal pension schemes compiled and maintained under section 59 of the Pensions Act 2004[^f00003];

“review decision” shall be construed in accordance with Article 189(1)(a) (review and reconsideration by the Board of reviewable matters); ...

“segregated scheme” means a multi-employer scheme which is divided into two or more sections where—any contributions payable to the scheme by an employer in relation to the scheme or by a member are allocated to that employer’s or that member’s section, anda specified proportion of the assets of the scheme is attributable to each section of the scheme and cannot be used for the purposes of any other section;

“transfer notice” shall be construed in accordance with Article 144 (transfer notice).

(2) In these Regulations, “employer”, in relation to—

(a) an occupational pension scheme which is not a multi-employer scheme; or

(b) a single-employer section of a segregated scheme,

which has no active members, includes the person who was the employer of persons in the description of employment to which the scheme or section relates immediately before the time at which the scheme or section ceased to have any active members in relation to it.

(3) In these Regulations, “employer”, in relation to a non-segregated scheme or a multi-employer section of a segregated scheme—

(a) in an assessment period, includes any person who before the assessment date has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—

(i) condition A is that a debt under Article 75 of the 1995 Order became due from that employer and the full amount of the debt has been paid before the assessment date;

(ii) condition B is that—

(aa) such a debt became due;

(bb) a legally enforceable agreement has been entered into the effect of which is to reduce the amount which may be recovered in respect of the debt; and

(cc) the reduced amount has been paid in full before the assessment date;

(iii) condition C is that such a debt became due but before the assessment date it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;

(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due;

(b) in any other case, includes any person who has ceased to be the employer of persons in the description of employment to which the scheme or section relates unless condition A, B, C or D is satisfied where—

(i) condition A is that a debt under Article 75 of the 1995 Order became due from that employer and the full amount of the debt has been paid;

(ii) condition B is that—

(aa) such a debt became due;

(bb) a legally enforceable agreement has been entered into the effect of which is to reduce the amount which may be recovered in respect of the debt; and

(cc) the reduced amount has been paid in full;

(iii) condition C is that such a debt became due but it is excluded from the value of the assets of the scheme or section because it is unlikely to be recovered without disproportionate costs or within a reasonable time;

(iv) condition D is that at the time at which any such person ceased to be the employer of persons in the description of employment to which the scheme or section relates the value of the assets of the scheme or section was such that no such debt was treated as becoming due.

(4) In these Regulations any reference to a numbered Article is a reference to the Article of the Order bearing that number.

Information to be provided by the Board

3

(1) In this regulation –

“insolvency event” shall be construed in accordance with Article 105;

“qualifying insolvency event” shall be construed in accordance with Article 111 (duty to assume responsibility for schemes following insolvency event); and

“segregated scheme” means a multi-employer scheme which is divided into two or more sections where –any contributions payable to the scheme by an employer in relation to the scheme or by a member are allocated to that employer’s or that member’s section; anda specified proportion of the assets of the scheme is attributable to each section of the scheme and cannot be used for the purposes of any other section.

(2) Where the Board receives a notice under Article 104(2) (duty to notify insolvency events in respect of employers) from an insolvency practitioner that an insolvency event has occurred in relation to an employer, and –

(a) the scheme to which the notice relates is an eligible scheme; or

(b) in the case of a multi-employer scheme which is a segregated scheme, the section to which the notice relates is an eligible section,

it shall, within the period specified in paragraph (12) , provide that insolvency practitioner, the Regulator and the trustees or managers of that scheme or section with the information described in paragraph (3).

(2A) This paragraph applies where the Board receives a notice under Article 104(2) from an insolvency practitioner that an insolvency event has occurred in relation to an employer, and—

(a) the scheme to which the notice relates is not an eligible scheme; or

(b) the section of the segregated scheme to which the notice relates is not an eligible section.

(2B) Where paragraph (2A) applies, the Board shall, within the period specified in paragraph (12), inform—

(a) the Regulator;

(b) the trustees or managers of that scheme or section of a segregated scheme; and

that the scheme is not an eligible scheme or, as the case may be, the section is not an eligible section.

(3) The information to be provided under paragraph (2) is –

(a) where the insolvency event is not a qualifying insolvency event, that the insolvency event is not such an insolvency event; or

(b) where the insolvency event is a qualifying insolvency event, that the insolvency event is such an insolvency event and the date on which the assessment period began.

(4) Where the Board –

(a) receives, during the assessment period, an application for a loan from the trustees or managers of a scheme under Article 123(2) (loans to pay scheme benefits); and

(b) decides whether or not it will make a loan to those trustees or managers,

it shall, within the period of 14 days beginning with the day on which it made its decision, notify those trustees or managers of its decision, of the amount that it considers appropriate to lend and of the terms on which it will make the loan.

(5) Where a person is authorised by the Board for the purposes of these Regulations as mentioned in Article 172(1)(b)(ii) (information to be provided to the Board etc.) in relation to a scheme, the Board shall, within 14 days of making that authorisation, notify the identity of the person so authorised to –

(a) the trustees or managers of that scheme;

(b) the employer in respect of that scheme; and

(6) Where the Board has given the trustees or managers of a scheme a transfer notice, the information to be provided by the Board to members and beneficiaries of that scheme shall be determined in accordance with Schedule 1.

(7) Where an application for fraud compensation payments has been made by a person prescribed by regulation 5 of the Fraud Compensation Regulations (“the applicant”) the information to be provided by the Board to the applicant and the trustees or managers of the scheme shall be determined in accordance with the provisions of Schedule 1A.

(8) Where the Board is exercising the functions of the Pensions Compensation Board and an application for compensation payments has been made by a person prescribed by regulation 4 of the Compensation Regulations (“the applicant”) the information to be provided by the Board to the applicant and the trustees or managers of the scheme, shall be determined in accordance with the provisions of Schedule 1A.

(9) Where the Board receives—

(a) an application under Article 113(1) (applications and notifications for the purposes of Article 112) from the trustees or managers; or

(b) a notice under Article 113(4) from the Regulator,

it shall provide the information described in paragraph (10) to the persons specified in paragraph (11) within the period specified in paragraph (12).

(10) The information to be provided under paragraph (9) is—

(a) where the scheme is not an eligible scheme, that the scheme is not such a scheme;

(b) where the scheme is an eligible scheme, that the scheme is such a scheme and the date on which the assessment period began;

(c) where the section of the segregated scheme to which the application or, as the case may be, the notice relates is not an eligible section, that the section of the segregated scheme is not such a section; or

(d) where the section of the segregated scheme to which the application or, as the case may be, the notice relates is an eligible section, that the section of the segregated scheme is such a section and the date on which the assessment period began.

(11) The persons specified in this paragraph are—

(a) the Regulator;

(b) the trustees or managers of that scheme or section of a segregated scheme;

(d) the insolvency practitioner in relation to that employer.

(12) The Board shall provide the information specified in paragraph (3) or (10) within the period of 28 days beginning with—

(a) the date on which it receives the notice under Article 104(2);

(b) the date on which it receives the application under Article 113(1);

(d) where the Board requires the—

(i) Regulator,

(ii) insolvency practitioner, or

(iii) trustees or managers,

to produce a document or provide information in connection with a notice given under Article 104(2) or 113(4) or, as the case may be, an application under Article 113(1), the date on which the document is produced to, or the information is received by, either the Board or a person authorised by the Board for the purposes of Article 173(2)(b) (notices requiring provision of information); or

(e) where a person is required to produce a document or provide information in connection with a notice given under Article 173(1), the date on which the document is produced to, or the information is received by, either the Board or a person authorised by the Board for the purposes of Article 173(2)(b).

(13) This regulation does not impose any duty on the Board to provide any information to the trustees or managers of a scheme where the address of the trustees or managers has not been provided by the person who referred the notice or application to the Board.

Information to be provided by trustees or managers

4

(1) This regulation applies where there is an assessment period in relation to an eligible scheme.

(2) The information to be provided to –

(a) the Board; and

(b) members of that scheme,

by the trustees or managers of that scheme shall be determined in accordance with Schedule 2.

Information to be provided by members and beneficiaries and their personal representatives

5

(1) This regulation applies where the Board has given the trustees or managers of a scheme a transfer notice.

(2) The information to be provided to the Board by members and beneficiaries of that scheme shall be determined in accordance with Schedule 3.

(3) Where a member or a beneficiary dies, his personal representative shall, within the period of 28 days beginning with the day of the death, notify the Board of the death and provide the death certificate to the Board.

Method of providing information

6

(1) Where, under these Regulations, any information is to be provided to any person, that information shall be provided in writing.

(2) Where –

(a) under these Regulations, any information is to be provided –

(i) to the Board by any member or beneficiary, or

(ii) by the Board to any member or beneficiary; and

(b) there is an appointed representative in relation to that member or beneficiary,

that information shall be provided by, or to, his appointed representative.

(3) Any document sent, or notification given, by the Board to any member or beneficiary under regulation 3(6) shall include –

(a) the name of the scheme to which it relates or other information sufficient to identify the subject matter of the document or notification;

(b) the address and telephone number of the Board;

(d) the date on which it was sent or given.

(4) Any notification given by the Board to any person under regulation 3(2), (4) or (5) shall include –

(a) the name of the person to whom it is given;

(b) the name of the scheme to which the notification relates;

(d) the address and telephone number of the Board;

(e) the name in legible characters of the giver of the notification; and

(f) the date on which it was given.

(5) Any document sent, or notification given, by any trustees or managers to the Board under regulation 4(2) shall include –

(a) the names of the trustees or managers sending the document or giving the notification;

(b) the name of the scheme to which the document or notification relates; and

(6) Any document sent, or notification given, to the Board by any member under regulation 5(2), or by the personal representative of a deceased member under regulation 5(3), shall include, in relation to that member –

(a) the name, address, date of birth and national insurance number of that member;

(b) the name of the employer in relation to the scheme in which that member’s pension rights accrued; and

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