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The Occupational Pension Schemes (Employer Debt) Regulations (Northern Ireland) 2005

Type Ni-Statutory-Rule
Publication 2005-03-25
Last updated 2022-08-01
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API

Regulation 17 prescribes the circumstances in which the staying of the voluntary winding up of an employer is disregarded for the purposes of Article 75 of the 1995 Order. Stays for a limited period are prescribed so that the resolution for the winding up and any debt which arose under that section by virtue of the passing of the resolution are not affected by the temporary staying of the winding up.

Regulation 18 introduces Schedule 2 which contains amendments of the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations (Northern Ireland) 1996, the Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 1996 and the Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996 that are consequential on the changes made to Article 75 of the 1995 Order by the 2005 Order.

As these Regulations make, in so far as they are made under Part II of the 1995 Order, in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Work and Pensions in relation to Great Britain, the requirement for consultation under Article 117(1) of the 1995 Order does not apply by virtue of paragraph (2)(e) of that Article.

Articles 75, 75A and 87(2) of the 1995 Order, some of the enabling provisions under which these Regulations are made, are amended by Articles 248 and 249 of, and paragraph 60(b) of Schedule 10 to, the 2005 Order. The Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005 (S.R. 2005 No. 48 (C. 5)) provides for the coming into operation of Article 248 of the 2005 Order, for the purpose of authorising the making of regulations, on 25th February 2005 and for all other purposes, on 6th April 2005. The Pensions (2005 Order) (Commencement No. 2 and Transitional Provisions) Order (Northern Ireland) 2005 (S.R. 2005 No. 166 (C. 12)) provides for the coming into operation of –

  • Article 249 of the Order on 25th March 2005;
  • paragraph 60(b) of Schedule 10 to the 2005 Order, for the purpose of authorising the making of regulations, on 25th March 2005 and fully on 6th April 2005.

Footnotes

1

S.I. 1995/3213 (N.I. 22); Article 40(2) was amended by Article 152 of the Financial Services and Markets Act 2000 (Consequential Amendments) Order 2001 (S.I. 2001/3649); Article 75 is amended by Article 248 of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)) and Article 75A is inserted by Article 249 of that Order; Article 87(2) is amended by paragraph 60(b) of Schedule 10 to that Order

2

See Article 8(b) of S.R. 1999 No. 481

3

Article 121(4) to (8) was inserted by section 45(2) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

8

S.R. 1996 No. 621, to which there are amendments not relevant to these Regulations

13

Article 23 is substituted by Article 32(3) of the Pensions (Northern Ireland) Order 2005

14

Section 611A was inserted by paragraph 15 of Schedule 6 to the Finance Act 1989 (c. 26)

15

Section 170 was substituted by Article 161 of the Pensions (Northern Ireland) Order 1995 and is amended by paragraph 3 of Schedule 1 to, and Schedule 11 to, the Pensions (Northern Ireland) Order 2005

Editorial notes

17

Reg. 1 in operation at 6.4.2005, see reg. 1(1)

18

Reg. 2 in operation at 6.4.2005, see reg. 1(1)

19

Reg. 3 in operation at 6.4.2005, see reg. 1(1)

20

Reg. 4 in operation at 6.4.2005, see reg. 1(1)

21

Reg. 6 in operation at 6.4.2005, see reg. 1(1)

22

Reg. 10 in operation at 6.4.2005, see reg. 1(1)

23

Reg. 11 in operation at 6.4.2005, see reg. 1(1)

24

Reg. 12 in operation at 6.4.2005, see reg. 1(1)

25

Reg. 13 in operation at 6.4.2005, see reg. 1(1)

26

Reg. 14 in operation at 6.4.2005, see reg. 1(1)

27

Reg. 15 in operation at 6.4.2005, see reg. 1(1)

28

Reg. 17 in operation at 6.4.2005, see reg. 1(1)

29

Reg. 18 in operation at 6.4.2005, see reg. 1(1)

30

Sch. 2 para. 3 in operation at 6.4.2005, see reg. 1(1)

71

Sch. 1: in the certificate, in paragraph 1 the words “assets of the scheme” substituted for “assets in scheme” (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/111), regs. 1(1), 17(b)(i)

72

Sch. 1: in the certificate, in paragraph 2, in the heading the word “[2” substituted for “2” (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/111), regs. 1(1), 17(b)(ii)(aa)

73

Sch. 1: in the certificate, in paragraph 2 the words “was [£z].][delete as appropriate]” substituted for “was [£z].” (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/111), regs. 1(1), 17(b)(ii)(bb)

75

Sch. 1: in the Notes, in the fifth paragraph “updated liabilities assessment” substituted for “updated actuarial assessment” (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/111), regs. 1(1), 17(c)(ii)

76

Sch. 1: in the Notes, “The total amount of the employer’s debt will be the amount stated in paragraph 2 of the certificate plus any cessation expenses (as defined in regulation 2(1) of the Employer Debt Regulations). See regulation 6(1)(e)(ii) of the Employer Debt Regulations.” inserted after the last paragraph (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/111), regs. 1(1), 17(c)(iii)

82

Sch. 1C: in the Notes, in the first paragraph the definition of “relevant transfer deduction” substituted (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/111), regs. 1(1), 20(b)(i)

84

Sch. 1C: in the Notes, in the fourth paragraph the words “updated liabilities assessment” substituted for “updated actuarial assessment” (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/111), regs. 1(1), 20(b)(iii)(aa)

85

Sch. 1C: in the Notes, in the fourth paragraph the words “[delete as appropriate]” inserted after “Employer Debt Regulations” (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/111), regs. 1(1), 20(b)(iii)(bb)

86

Sch. 1C: in the Notes, the words “The total amount of the employer’s debt will be the amount of the (approved) withdrawal arrangement share stated in paragraph 2 of the certificate plus any cessation expenses (as defined in regulation 2(1) of the Employer Debt Regulations). See regulation 6(1)(e)(ii) of the Employer Debt Regulations.” added after the seventh paragraph (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/111), regs. 1(1), 20(b)(iv)

87

Sch. 1D: in the Notes, in the second paragraph the words “had commenced” substituted for “had not commenced” (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/111), regs. 1(1), 21(a)

89

Sch. 1D: in the Notes, in the fifth paragraph the words “updated liabilities assessment” substituted for “updated actuarial assessment” (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/111), regs. 1(1), 21(c)(i)

90

Sch. 1D: in the Notes, in the fifth paragraph the words “[delete as appropriate]” inserted after “Employer Debt Regulations” (6.4.2010) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/111), regs. 1(1), 21(c)(ii)

124

Sch. 1: in the Notes, in the definition of “liability proportion” the words “K divided by L” substituted for ““K/L”” (27.1.2012) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/1), regs. 1(1), 12(a)

125

Sch. 1: in the Notes, in the definition of “liability share” the words “multiplied by the total” substituted for “of the total” (27.1.2012) by The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations (Northern Ireland) 2012 (S.R. 2012/1), regs. 1(1), 12(b)

150

Sch. 1D: in paragraph 2 of the certificate the words “FRC standards” substituted for “BAS standards” (9.8.2012) by The Pensions (Financial Reporting Council) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/294), reg. 1(1), Sch. para. 10(d)(ii)

151

Sch. 1: in paragraph 3 of the certificate the words “FRC standards” substituted for “BAS standards” (9.8.2012) by The Pensions (Financial Reporting Council) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/294), reg. 1(1), Sch. para. 10(d)(i)

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