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Statutory Rules of Northern Ireland
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STATUTORY RULES OF NORTHERN IRELAND

2006 No. 156

PENSIONS

The Pension Protection Fund (Reviewable Matters and Review and Reconsideration of Reviewable Matters) (Amendment) Regulations (Northern Ireland) 2006

  Made 24th March 2006 
  Coming into operation 6th April 2006 

The Department for Social Development makes the following Regulations in exercise of the powers conferred by Articles 188(2)(a) and (4)(a) and 189(2) and (5)(a) of the Pensions (Northern Ireland) Order 2005[1].

Citation and commencement
     1. These Regulations may be cited as the Pension Protection Fund (Reviewable Matters and Review and Reconsideration of Reviewable Matters) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 6th April 2006.

Amendment of Schedule 8 to the Pensions (Northern Ireland) Order
     2. In Schedule 8 to the Pensions (Northern Ireland) Order 2005 (reviewable matters)—

Amendment of the Pension Protection Fund (Reviewable Matters) Regulations
     3. In the Schedule to the Pension Protection Fund (Reviewable Matters) Regulations (Northern Ireland) 2005[6] (prescribed period for failure) after paragraph 13 there shall be inserted the following paragraph—

"      13A. Paragraph 16B

      13A. The period beginning with the date on which the Board has sufficient information to make a determination under regulation 6(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006 to the date on which the Board makes a determination under that provision.

".


Amendment of the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations
     4. —(1) The Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations (Northern Ireland) 2005[7] shall be amended in accordance with paragraphs (2) and (3).

    (2) In regulation 3(3) (time for making an application for a review decision)—

    (3) In the Schedule (interested person)—


(b) after paragraph 16 there shall be inserted the following paragraphs—

"      16A. Paragraph 16A

      16A. The person in respect of whom the determination is made.
     16B. Paragraph 16B

      16B. The member, or the person in respect of a member, to whom Article 147(4)(a) refers.

"; and


(c) after paragraph 18 there shall be inserted the following paragraph—

"      18A. Paragraph 17B

      18A. The person to whom regulation 16(1) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations (Northern Ireland) 2006 refers.

".




Sealed with the Official Seal of the Department for Social Development on


24th March 2006.

L.S.


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

EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Pensions (Northern Ireland) Order 2005 ("the Order"), the Pension Protection Fund (Reviewable Matters) Regulations (Northern Ireland) 2005 ("the Reviewable Matters Regulations") and the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations (Northern Ireland) 2005 ("the Review and Reconsideration Regulations").

Regulation 2 amends Schedule 8 to the Order by inserting four further reviewable matters in respect of—

Regulation 3 amends the Reviewable Matters Regulations to provide for the period during which a failure by the Board to make a determination under regulation 6(2) of the General Regulations must occur.

Regulation 4 amends the Review and Reconsideration Regulations. Paragraph (2) adds the issue of a validation notice under regulation 2(5) of the Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005 to the list of matters in respect of which the Board cannot give a review decision if the application for such a decision is made out of time. Paragraph (3) amends the Schedule to the Review and Reconsideration Regulations and specifies the interested persons in respect of the reviewable matters inserted by regulation 2 of these Regulations.

As these Regulations make 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 to consult under Article 289(1) of the Order does not apply by virtue of paragraph (2)(e) of that Article.

Notes:

 [1] S.I. 2005/255 (N.I. 1); Part III is modified in its application to partially guaranteed schemes, hybrid schemes and multi-employer schemes by, respectively, S.R. 2005 Nos. 55, 84 and 91 (as amended by S.R. 2005 Nos. 194 and 357)back

[2] Paragraph 3A was inserted by regulation 4(a) of S.R. 2005 No. 127back

[3] S.R. 2005 No. 129; relevant amending Regulations are S.R. 2006 No. 140back

[4] S.R. 2006 No. 155back

[5] Paragraph 17A was inserted by regulation 4(b) of S.R. 2005 No. 127back

[6] S.R. 2005 No. 127, to which there are amendments not relevant to these Regulationsback

[7] S.R. 2005 No. 138, to which there are amendments not relevant to these Regulationsback

[8] S.R. 2005 No. 126; regulation 2(5) was amended by regulation 2(3)(c) of S.R. 2005 No. 364back


ISBN 0 337 96458 0


 © Crown copyright 2006

Prepared 31 March 2006

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URL: http://www.bailii.org/nie/legis/num_reg/2006/20060156.html