The Occupational, Personal and Stakeholder Pension Schemes (Disclosure of Information) (Amendment) Regulations (Northern Ireland) 2010

Made: 10th November 2010

Coming into operation: 1st December 2010

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 109, 177(2) to (4) and 178(1) of the Pension Schemes (Northern Ireland) Act 1993[^f00001], Articles 41(1)(b) and 166(1) to (3) of the Pensions (Northern Ireland) Order 1995[^f00002] and Articles 3(1)(b) and 73(4) of the Welfare Reform and Pensions (Northern Ireland) Order 1999[^f00003], and now vested in it[^f00004].

Citation, commencement and interpretation

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• (1) These Regulations may be cited as the Occupational, Personal and Stakeholder Pension Schemes (Disclosure of Information) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 1st December 2010.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00005] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations

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Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations

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Amendment of the Stakeholder Pension Schemes Regulations

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• (1) The Stakeholder Pension Schemes Regulations (Northern Ireland) 2000[^f00035] are amended in accordance with paragraphs (2) to (7).

• (2) In regulation 1 (interpretation)—

• (a) in paragraph (3)—

• (i) after the definition of “the 2000 Act”[^f00036] insert—

• “address” means postal address (except in the expressions “electronic address” and website address”);

• (ii) after the definition of “dilution levy”[^f00037] insert—

• “electronic communication” has the same meaning as in section 4(1) of the Electronic Communications Act (Northern Ireland) 2001[^f00038];

• (iii) after the definition of “the FSA Handbook” insert—

• “HMRC” means the Commissioners for Her Majesty’s Revenue and Customs[^f00039];

• (iv) in the definitions of “illustration date”[^f00040] and “retirement date” for “regulation 18(5B)”, in each place where it occurs, substitute “regulation 18A(2)”;

• (v) after the definition of “securities”[^f00041] insert—

• “statement year” has the meaning given by regulation 18;

• (b) omit paragraphs (8) and (8A)[^f00042].

• (3) In regulation 6 (procedure for discharging rights on winding up) omit paragraph (8).

• (4) In regulation 7 (procedure for discharging on winding up rights of members with whom the trustees or manager have lost contact) for paragraph (1) substitute—

(1) This regulation applies in respect of any member— (a) whose present address and electronic address are not known to the trustees or manager; (b) in respect of whom the trustees or manager have sent correspondence to that member’s last known— (i) address and that correspondence has been returned, or (ii) electronic address and the trustees or manager are satisfied that that correspondence has not been delivered, and (c) in respect of whom no contribution has been made to the scheme by or on behalf of the member during the 2 calendar years preceding the commencement of winding-up of the scheme.

• (5) In regulation 12(5)(a)(iv) and (d)(ii)[^f00043] (requirement for declaration by trustees or manager) for “regulation 18(2)” substitute “regulation 18A(1)”.

• (6) For regulation 18[^f00044] (disclosure of information to members) substitute—