{ "url": "https://openlegislation.uk/occupational-pension-schemes-scheme-administration-regulations-northern-ireland-1997/regulation-3", "json_url": "https://openlegislation.uk/occupational-pension-schemes-scheme-administration-regulations-northern-ireland-1997/regulation-3.json", "legislation": "nisr/1997/94", "legislation_title": "The Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997", "legislation_url": "https://openlegislation.uk/occupational-pension-schemes-scheme-administration-regulations-northern-ireland-1997", "path": "regulation/3", "kind": "regulation", "number": "3", "heading": "Professional advisers' requirements: exceptions", "text": "(1) Article 47(1)(a) (for every occupational pension scheme there shall be an individual, or a firm, appointed by the trustees or managers as auditor) shall not apply to—\n(a) any occupational pension scheme in respect of which any Minister of the Crown or government department has given a guarantee or made any other arrangements for the purpose of securing that the assets of the scheme are sufficient to meet its liabilities;\n(b) the scheme established by the Salvation Army Act 1963;\n(c) occupational pension schemes which provide relevant benefits but are neither approved schemes nor relevant statutory schemes;\n(d) public service pension schemes—\n(i) under the provisions of which there is no requirement for assets related to the intended rate or amount of benefit under the scheme to be set aside in advance (disregarding requirements relating to voluntary contributions); or\n(ii) which are made under Article 9 of the Superannuation (Northern Ireland) Order 1972 (superannuation of persons employed in local government service, etc.) or which is established under Part II of the Ministerial Salaries and Members' Pensions Act (Northern Ireland) 1965 or Article 3 of the Assembly Pensions (Northern Ireland) Order 1976;\n(e) unfunded occupational pension schemes;\n(f) occupational pension schemes with less than 2 members;\n(g) occupational pension schemes—\n(i) the only benefits provided by which are death benefits; and\n(ii) under the provisions of which no member has accrued rights;\n(h) occupational money purchase small self-administered schemes in which—\n(i) all members of the scheme are trustees; and\n(ii) all decisions are made only by unanimous agreement by the trustees who are members of the scheme and for the purpose of this head the participation of a pensioneer trustee in the making of a decision may be disregarded;\n(i) occupational pension schemes with a superannuation fund such as is mentioned in section 615(6) of the Taxes Act 1988; and\n(j) the BR Shared Cost Section of the Railways Pension Scheme made under section 134 of, and Schedule 11 to, the Railways Act 1993.\n(2) Article 47(1)(b) (for every occupational pension scheme there shall be an individual appointed by the trustees or managers as actuary) shall not apply to—\n(a) money purchase schemes;\n(b) approved schemes—\n(i) which have been categorised by the Commissioners of Inland Revenue for the purpose of their approval as centralised schemes for non-associated employers;\n(ii) which are not contracted-out; and\n(iii) under the provisions of which the only benefits which may be provided on or after retirement (other than money purchase benefits derived from the payment of additional contributions by any person) are lump sum benefits (not including benefits paid by way of commuted retirement pension) which are not calculated by reference to any member’s salary;\n(c) schemes mentioned in paragraph (1)(a) to (g), (i) and (j).\n(3) Article 47(2) (for every occupational pension scheme the assets of which consist of or include investments (within the meaning of the Financial Services Act 1986) there shall be an individual or a firm appointed by or on behalf of the trustees or managers as fund manager) shall not apply to—\n(a) relevant schemes of a kind described in article 3(2) of the Financial Services Act 1986 (Occupational Pension Schemes) (No. 2) Order 1988;\n(b) wholly insured schemes;\n(c) schemes mentioned in paragraph (1)(a) to (g), (i) and (j).\n(4) Article 47(3) (reliance not to be placed on the skill or judgement of any person appointed otherwise than by the trustees or managers) shall not apply to schemes mentioned in paragraph (1)(a) to (g), (i) and (j).", "extent": "N.I.", "status": "prospective", "version": "current", "annotations": [ { "type": "I", "label": "I1", "text": "Reg. 3 in operation at 6.4.1997, see reg. 1(1)" }, { "type": "footnote", "label": "f1", "text": "1963 c. xxxii" }, { "type": "footnote", "label": "f2", "text": "S.I. 1972/1073 (N.I. 10)" }, { "type": "footnote", "label": "f3", "text": "1965 c. 18 (N.I.)" }, { "type": "footnote", "label": "f4", "text": "S.I. 1976/1779" }, { "type": "footnote", "label": "f5", "text": "1993 c. 43. See the Railways Pension Scheme Order 1994 (S.I. 1994/1433)" }, { "type": "footnote", "label": "f6", "text": "S.I. 1988/724" } ], "outstanding_effects": [ { "type": "words inserted", "affecting": "nisr/2023/7", "affecting_title": "The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (Northern Ireland) 2023 (revoked)" }, { "type": "coming into force", "affecting": "nisr/1997/94", "affecting_title": "The Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997" }, { "type": "applied (with modifications)", "affecting": "nisr/2000/262", "affecting_title": "The Stakeholder Pension Schemes Regulations (Northern Ireland) 2000" }, { "type": "words substituted", "affecting": "nisr/1997/160", "affecting_title": "The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1997" }, { "type": "inserted", "affecting": "nisr/1997/160", "affecting_title": "The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 1997" }, { "type": "applied", "affecting": "nisr/2014/204", "affecting_title": "The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014" }, { "type": "added", "affecting": "nisr/1998/229", "affecting_title": "The Occupational Pension Schemes (Scheme Administration) (Amendment) Regulations (Northern Ireland) 1998" }, { "type": "words omitted", "affecting": "nisr/2003/256", "affecting_title": "The Social Security and Pensions (Financial Services and Markets Act 2000) (Consequential Amendments) Regulations (Northern Ireland) 2003" }, { "type": "substituted", "affecting": "nisr/2003/256", "affecting_title": "The Social Security and Pensions (Financial Services and Markets Act 2000) (Consequential Amendments) Regulations (Northern Ireland) 2003" }, { "type": "substituted", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "omitted", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "substituted", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "omitted", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "omitted", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "substituted", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "added", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words added", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "omitted", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "omitted", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "substituted", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words substituted", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words substituted", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words substituted", "affecting": "nisr/2005/421", "affecting_title": "The Occupational Pension Schemes (Administration and Audited Accounts) (Amendment) Regulations (Northern Ireland) 2005" }, { "type": "words inserted", "affecting": "nisr/2022/191", "affecting_title": "The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (Northern Ireland) 2022" }, { "type": "inserted", "affecting": "nisr/2022/191", "affecting_title": "The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (Northern Ireland) 2022" }, { "type": "words inserted", "affecting": "nisr/2023/117", "affecting_title": "The Occupational Pension Schemes (Collective Money Purchase Schemes) (No. 2) Regulations (Northern Ireland) 2023" }, { "type": "inserted", "affecting": "nisr/2023/117", "affecting_title": "The Occupational Pension Schemes (Collective Money Purchase Schemes) (No. 2) Regulations (Northern Ireland) 2023" }, { "type": "inserted", "affecting": "nisr/2023/7", "affecting_title": "The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (Northern Ireland) 2023 (revoked)" }, { "type": "words inserted", "affecting": "nisr/2024/15", "affecting_title": "The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (Northern Ireland) 2024" }, { "type": "inserted", "affecting": "nisr/2024/15", "affecting_title": "The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations (Northern Ireland) 2024" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/nisr/1997/94/regulation/3", "retrieved_at": "2026-10-29T02:30:22.733371+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }