Explanatory note

These Regulations amend the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations (Northern Ireland) 1997 to take account of changes made to the taxation of pension scheme contributions by the Finance Act 2011 (c. 11) which have effect for the tax year 2011-2012 and subsequent tax years.

The Regulations provide that the prohibition on assignment, commutation or surrender of an entitlement to a pension in Article 89(1)(a) of the Pensions (Northern Ireland) Order 1995 does not apply to a scheme where any adjustments are made to a person’s pension benefits—

• as a consequence of the scheme administrator making a payment in respect of that person’s annual allowance charge at their request, or

• under section 237E(1) of the Finance Act 2004 (c. 12) as a consequence of the scheme administrator making a payment in respect of that person’s annual allowance charge under the arrangements provided for in section 237B of that Act.

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 117(1) of the Pensions (Northern Ireland) Order 1995 does not apply by virtue of paragraph (2)(e) of that Article.