# The Occupational Pension Schemes (Independent Trustee) Regulations (Northern Ireland) 1997, Note: Explanatory note

Extent: N.I.

(This note is not part of the Regulations.)
These Regulations concern trust schemes and the duties imposed by Articles 22 to 26 of the Pensions (Northern Ireland) Order 1995 (“the Order”) on an insolvency practitioner or the official receiver acting in relation to an employer to ensure that there is an independent trustee and to appoint one if there is not. They replace the Occupational Pension Schemes (Independent Trustee) Regulations (Northern Ireland) 1990 (“the 1990 Regulations”) which are, subject to transitional provisions, now revoked. Regulations 1 to 6 consolidate and amend the 1990 Regulations. In addition to minor and drafting amendments the Regulations make the following changes of substance—
they clarify the additional requirements for a person to be independent by making clear that the person, except as a trustee, must have had no interest in the assets of the employer or the scheme;
they prescribe new conditions for multi-employer schemes;
they extend the meaning of “employer” in relation to frozen schemes;
they provide for additional exemptions from the independent trustee requirements; and
they provide for the disclosure of information and empower the Occupational Pensions Regulatory Authority (“the Authority”) to impose penalties where the disclosure requirements are not complied with.
Regulation 1 relates to citation, commencement and interpretation.
Regulation 2 prescribes some additional requirements to be satisfied for a person to be independent for the purposes of Article 23 of the Order.
Regulation 3 modifies Articles 22 to 26 of the Order in relation to schemes, which apply to earners in employment under different employers.
Regulation 4 modifies those Articles in relation to cases where the employer is a partnership.
Regulation 5 provides for exemptions from the requirements of those Articles.
Regulation 6 extends the meaning of employer in relation to those Articles.
Regulation 7 imposes requirements on the trustees of a scheme to provide information concerning the appointment of an independent trustee. It also provides for a penalty to be imposed by the Authority where those requirements are breached.
Regulation 8 provides for transitional arrangements.
Regulation 9 makes consequential revocations.
The Pensions (1995 Order) (Commencement No. 2) Order (Northern Ireland) 1996 (S.R. 1996 No. 91 (C. 4)) provides for the coming into operation of Article 166 of the Order, in so far as it was not already in operation, on 6th April 1996. The Pensions (1995 Order) (Commencement No. 4) Order (Northern Ireland) 1996 (S.R. 1996 No. 307 (C. 18)) provides for the coming into operation of Article 23 and Article 151 (which substituted section 164 of the Pension Schemes (Northern Ireland) Act 1993) of the Order, for the purpose of authorising the making of regulations, on 23rd July 1996. The Pensions (1995 Order) (Commencement No. 5) Order (Northern Ireland) 1996 (S.R. 1996 No. 534 (C. 25)) provides for the coming into operation of Article 122(3) of the Order, in so far as it was not already in operation, on 19th November 1996.
As these Regulations make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Social Security in relation to Great Britain, the requirement for consultation under Article 117(1) of the Order does not apply by virtue of paragraph (2)(e) of that Article.

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Source: https://www.legislation.gov.uk/nisr/1997/99/note (the official version)
Page: https://openlegislation.uk/occupational-pension-schemes-independent-trustee-regulations-northern-ireland-1997/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.