The Register of Occupational and Personal Pension Schemes Regulations (Northern Ireland) 2005

Made: 11th March 2005

Coming into operation in accordance with regulation 1(1)

The Department for Social Development, in exercise of the powers conferred on it by Articles 55(2)(h), (3) and (5), 56(1) to (3), 280(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, commencement and interpretation

1

• (1) These Regulations may be cited as the Register of Occupational and Personal Pension Schemes Regulations (Northern Ireland) 2005 and shall come into operation as follows –

• (a) regulation 2, and this regulation insofar as it applies to it, on 1st April 2005;

• (b) for all other purposes, on 6th April 2005.

• (2) In these Regulations –

• “the 2005 Order” means the Pensions (Northern Ireland) Order 2005;

• “Crown guarantee” in relation to a scheme, means a scheme in respect of which a relevant public authority has –given a guarantee in relation to any part of the scheme, any benefits payable under the scheme rules or any member of the scheme, ormade any other arrangements for the purposes of securing that the assets of the scheme are sufficient to meet any part of its liabilities;

• “deferred member” has the meaning given by Article 121(1) of the 1995 Order;

• “pensioner member” has the meaning given by Article 121(1) of the 1995 Order[^f00002];

• “public service pension scheme” has the meaning given by section 1 of the Pension Schemes Act;

• “registrable scheme” shall be construed in accordance with regulation 2;

• “relevant public authority” in relation to a Crown guarantee means –a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975[^f00003]),a government department (including any body or authority exercising statutory functions on behalf of the Crown);

• ...

• “trust scheme” means an occupational or personal pension scheme which is established under a trust.

Registrable schemes

2

• (1) A scheme which is of a description prescribed for the purposes of Article 55(5) of the 2005 Order (register of occupational and personal pension schemes – prescribed description of “registrable schemes”) is a scheme –

• (a) which –

• (i) has more than one member, and

• (ii) provides benefits which are not solely payable on the death of a member, and

• (b) which –

• (i) prior to 6th April 2006, has received the approval of the Board of Inland Revenue for the purposes of section 590 or section 591 (other than subsection (2)(g)) of the Income and Corporation Taxes Act 1988[^f00004] (conditions for approval of retirement benefit schemes and discretionary approval), or for the purposes of Chapter IV of Part XIV of that Act (personal pension schemes),

• (ii) is a public service pension scheme, or

• (iii) on or after 6th April 2006, is or has been registered in accordance with section 153 of the Finance Act 2004[^f00005] (registration of pension schemes) (or is treated as registered by virtue of Schedule 36 to that Act).

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Paragraph (1)(a)(ii) and (b)(i) and (ii) shall cease to have effect on 6th April 2006.

Registrable information

3

• (1) The information prescribed for the purposes of Article 55(2)(h) of the 2005 Order (registrable information – other prescribed information) is –

• (a) the category of the scheme by reference to –

• (i) whether the scheme is an occupational or a personal pension scheme,

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iv) where the scheme is or is to be registered as a stakeholder pension scheme under Article 4 of the 1999 Order[^f00006] (registration of stakeholder pension schemes), whether the scheme is a trust scheme or is established in accordance with regulation 2 of the Stakeholder Pension Schemes Regulations (Northern Ireland) 2000[^f00007] (manner of establishment);

• (b) in the case of a personal pension scheme, the number of members of the scheme on the later of –

• (i) the last day of the scheme year which ended most recently, and

• (ii) the day on which the scheme became a registrable scheme;

• (c) in the case of an occupational pension scheme, the numbers of active members, deferred members and pensioner members of the scheme on the later of –

• (i) the last day of the scheme year which ended most recently, and

• (ii) the day on which the scheme became a registrable scheme;

• (d) in relation to the benefits provided under the scheme –

• (i) whether any of those benefits are secured by a contract of insurance or annuity contract issued by an insurance company which provides administration services to the scheme, and

• (ii) if so –

• (aa) the name and address of the insurance company providing such a contract, and

• (bb) the policy number of that contract or the insurance company reference number in relation to that contract;

• (da) in the case of an occupational pension scheme which is a relevant scheme within the meaning of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997, the name of the person for the time being appointed as the chair within the meaning of regulation 1(2) of those Regulations;

• (db) the value of the assets held by the scheme for the purpose of providing benefits to members, calculated on the last day of the scheme year which ended most recently;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) in the case of a trust scheme which is in the process of being wound up, the date on which the winding up commenced.

• (g) in the case where an occupational pension scheme in respect of which a recovery plan has been prepared under Article 205 of the 2005 Order begins to wind up during the recovery period, the date on which the winding up commenced;

• (h) in the case of an occupational pension scheme which is a relevant scheme within the meaning of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997, whether the trustees or managers of that scheme have prepared the statement that they are required to prepare in accordance with regulation 23 of those Regulations (annual statement regarding governance);

• (ha) subject to paragraph (3A), in the case of a specified scheme—

• (i) whether, on the basis of the most recent assessment required by virtue of regulation 25(1A) of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997 (assessment of charges and transaction costs), the trustees or managers of the scheme consider that the scheme provides good value for members;

• (ii) where a value assessment was carried out for the previous scheme year, whether, on the basis of that value assessment, the trustees or managers of the scheme considered that the scheme provided good value for members;

• (hb) subject to paragraph (3A), in the case of a specified scheme where the trustees or managers of the scheme have stated under sub-paragraph (ha)(i) that they do not consider that the scheme provides good value for members—

• (i) whether the trustees or managers propose to transfer the money purchase benefits of its members into another scheme, and whether or not they also propose to wind up the scheme, and

• (ii) if the trustees or managers do not propose to wind up the scheme—

• (aa) their reasons for not doing so, and

• (bb) what improvements they propose to make to the scheme to ensure that it does provide good value for members,

• (i) in the case of an occupational pension scheme in respect of which the requirements of Part 2 of the Occupational Pension Schemes (Charges and Governance) Regulations (Northern Ireland) 2015 (restrictions on charges) apply to one or more of its members, whether the trustees or managers of that scheme have complied with those requirements in respect of each member to whom they apply, ...

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (k) in the case of an occupational pension scheme in respect of which the trustees are required to publish a report in accordance with regulation 6(1)(b) of the Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations (Northern Ireland) 2021 (climate change reporting and publication requirements)—

• (i) the website address where the most recent report has been published, or

• (ii) where no report has been published, whether the period for publication specified in regulation 6(1) of those Regulations has ended;

• (l) in the case of an occupational pension scheme in respect of which the trustees are required to publish the information specified in regulation 29A(2), (2A) or (2B) of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014 (publishing charges and transaction costs and other relevant information), the website address where the information has been published;

• (m) in the case of an occupational pension scheme which is a relevant trust scheme—

• (i) the information mentioned in paragraph (3C) in respect of each in-scope FM provider for the time being appointed in relation to the scheme;

• (ii) the information mentioned in paragraph (3D) in respect of each IC provider for the time being appointed in relation to the scheme.

• (2) The reference in paragraph (1)(f) to the date on which the winding up of a trust scheme commenced is to be construed in accordance with Part II of the 1995 Order[^f00008].

• (3) Where the scheme is a multi-employer scheme, for the purposes of sub-paragraph (1)(e), Article 55(4) of the 2005 Order shall be modified so as to have effect as if for “the employer” in the definition of “relevant employer” there were substituted “an employer”.

• (3A) Paragraph (1)(ha) and (hb) does not apply if the Regulator has been notified under Article 57(4) or (5) of the 2005 Order (the register: duties of trustees or managers) that the winding up of the scheme in question has commenced.

• (3B) For the purposes of this regulation, “IC provider”, “in-scope FM provider” and “relevant trust scheme” have the meanings given in Part 6 of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997 (governance of relevant trust schemes).

• (3C) The information referred to in paragraph (1)(m)(i) is—

• (a) the name and address of the in-scope FM provider;

• (b) the date on which the in-scope FM provider was appointed or last appointed (as the case may be);

• (c) whether the trustees carried out a qualifying tender process under paragraph 7(1), 8(1) or 9(3) (as the case may be) of the Schedule to the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997 (duties of trustees of relevant trust schemes in connection with provision of FM services) in connection with the in-scope FM provider’s appointment or arrangements with the in-scope FM provider, and

• (d) if no such tender was carried out, why it was not carried out.

• (3D) The information referred to in paragraph (1)(m)(ii) is—

• (a) the name and address of the IC provider;

• (b) the date on which the IC provider was appointed or last appointed (as the case may be);

• (c) whether the trustees have set objectives for the IC provider in accordance with regulation 35(1) of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997 and if no such objectives have been set, the reasons why they have not been set;

• (d) whether the trustees have reviewed the objectives set for the IC provider in accordance with regulation 35(3) of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997, and if no such review has been carried out, why that is the case, and

• (e) whether the trustees have reviewed the performance of the IC provider in accordance with regulation 36 of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997, and if no such review has been carried out, why that is the case.

• (3E) For the purposes of paragraphs (3C) and (3D), “appoint”, in relation to an in-scope FM provider or an IC provider, includes—

• (a) the reappointment of the provider;

• (b) the extension of the provider’s term of appointment.

• (4) In this regulation—

• “multi-employer scheme” means a trust scheme in relation to which there is more than one employer;

• “recovery period” means the period specified in the scheme’s recovery plan in accordance with Article 205(2)(b) of the 2005 Order.

• “specified scheme” has the meaning given in regulation 25(5) of the Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997.

• (5) For the purposes of Article 55(2)(g)(i) of the 2005 Order and of this regulation, “scheme year” means –

• (a) a year specified for the purposes of the scheme in any document comprising the scheme or, if no year is specified, a period of 12 months commencing on 1st April or on such other date as the trustees select, or

• (b) such other period (if any) exceeding six months but not exceeding 18 months as is selected by the trustees –

• (i) in connection with the commencement or termination of the scheme, or

• (ii) in connection with a variation of the date on which the year or period referred to in sub-paragraph (a) is to commence.

Pension Tracing Service

4

• (1) The Department shall provide an information service to be known as the Pension Tracing Service.

• (2) An application may be made to the Department for information from the Pension Tracing Service relating to one or more registrable schemes.

• (3) The application referred to in paragraph (2) may only be made by –

• (a) any person who is, or may be, or may become entitled to benefit under the scheme in question, or

• (b) any person acting on behalf of such a person,

and “applicant” shall be construed accordingly.

• (4) Following receipt of an application made under paragraph (2) containing sufficient information to enable the Department to identify –

• (a) the scheme or schemes in question, or

• (b) one or more schemes which in the opinion of the Department may be the scheme or schemes in question,

the Department shall provide sufficient information relating to that scheme or those schemes to the applicant to enable the applicant to contact the scheme or schemes.

• (5) The Department shall have the function of publishing (from time to time and in such manner as is in its opinion appropriate) details of the manner in which an application under paragraph (2) is to be made.

• (6) Where the Department has authorised another person (“the authorised person”) to carry on the Pension Tracing Service on its behalf, the provisions of this regulation and regulation 5 shall apply to the authorised person as they apply to the Department.

Provision of information

5

• (1) For the purposes of carrying on the Pension Tracing Service, the Department –

• (a) shall be provided with such –

• (i) information recorded in the register,

• (ii) extracts from the register, or

• (iii) copies of the register or of extracts from it,

as are in its opinion necessary for the purpose of carrying on that service, and

• (b) may inspect –

• (i) the register,

• (ii) extracts from the register, or

• (iii) copies of the register or of extracts from it,

when in its opinion such inspection is necessary for the purpose of carrying on that service.

• (2) For the purposes of providing information as specified in regulation 4(4), the Department may disclose information to the applicant which it has obtained in accordance with paragraph (1), but only so far as is necessary to provide the applicant with sufficient information to contact any relevant scheme.

• (3) When information is disclosed in accordance with paragraph (2), Article 77(2) of the 2005 Order (restricted information – prohibition on disclosure) shall apply as if there were inserted after sub-paragraph (b) “and regulations made under Article 56”.

Revocations

6

The following regulations are hereby revoked –

• (a) the Register of Occupational and Personal Pension Schemes Regulations (Northern Ireland) 1997[^f00009];

• (b) the Register of Occupational and Personal Pension Schemes (Amendment) Regulations (Northern Ireland) 1997[^f00010];

• (c) regulation 10 of the Personal and Occupational Pension Schemes (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 1997[^f00011];

• (d) the Occupational and Personal Pension Schemes (Levy and Register) (Amendments) Regulations (Northern Ireland) 1998[^f00012];

• (e) regulation 3 of the Occupational and Personal Pension Schemes (Penalties) Regulations (Northern Ireland) 2000[^f00013];

• (f) regulation 6 of the Pension Sharing (Consequential and Miscellaneous Amendments) Regulations (Northern Ireland) 2000[^f00014];

• (g) regulation 11 of the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations (Northern Ireland) 2000[^f00015].

Signed

Sealed with the Official Seal of the Department for Social Development on 11th March 2005.

John O'Neill — A senior officer of the — Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

These Regulations make provision about the register of occupational and personal pension schemes.

Regulation 1 provides for citation, commencement and interpretation of the Regulations.

Regulation 2 prescribes those pension schemes which are registrable.

Regulation 3 prescribes information which is “registrable information”.