Regulation 11 Confirmation of scheme status by insolvency practitioner – multi-employer schemesI1

Northern Ireland

(1)

This regulation applies to –

(a)

a section of a segregated scheme with only one employer in relation to that section;

(b)

a multi-employer section of a segregated scheme, or

(c)

a non-segregated scheme,

where the scheme rules contain a provision for the partial winding up of the scheme, or the section, in circumstances where an employer in relation to the scheme, or the section, ceases to participate in the scheme.

(2)

Where, by virtue of Article 106^f1 (insolvency practitioner’s duty to issue notices confirming status of scheme), an insolvency practitioner is required to issue a notice under paragraph (2)(a) (a “scheme failure notice”) or (2)(b) (a “withdrawal notice”) of that Article in relation to –

(a)

a section of a segregated scheme;

(b)

a segregated part of a multi-employer section of a segregated scheme, or

(c)

a segregated part of a non-segregated scheme,

to which this regulation applies, regulation 9 shall have effect and shall be read as if for “the scheme”, in each place where it appears, there were substituted “the section” or, as the case may be, “the segregated part”.

(3)

Where, by virtue of Article 104(3A) or, as the case may be, 113(1B)^f2, the trustees or managers of a scheme, or a section of a scheme, to which this regulation applies are required to give a non-segregation notice to the Board, the notice shall be in writing and shall contain the following information –

(a)

the name or type of the notice issued;

(b)

the date on which the notice is issued;

(c)

the name, address and pension scheme registration number of the scheme in respect of which the notice is issued;

(d)

the name of the employer in relation to the scheme in respect of which the notice is issued, and

(e)

a statement that the trustees or managers have decided not to exercise the option to segregate under the scheme.

(4)

Where, under Article 114 (Board’s duty where application or notification received under Article 113), the Board is required to issue a notice under paragraph (2) (a “scheme failure notice”) or (3) (a “withdrawal notice”) of that Article in relation to –

(a)

a section of a segregated scheme;

(b)

a segregated part of a multi-employer section of a segregated scheme, or

(c)

a segregated part of a non-segregated scheme,

to which this regulation applies, regulation 10 shall have effect and shall be read as if for “the scheme”, in each place where it appears, there were substituted “the section” or, as the case may be, “the segregated part”.

Annotations

Commencement

I1: Reg. 11 in operation at 6.4.2005, see reg. 1(1)(b)

Footnotes

f1: Article 106 is modified by S.R. 2005 No. 91 in its application to sections and multi-employer sections of segregated schemes and segregated parts of multi-employer sections of segregated schemes and non-segregated schemes
f2: See Parts VII and VIII of S.R. 2005 No. 91which modifies Part III of the Pensions (Northern Ireland) Order 2005 so that it shall be read as if, in Articles 104 and 113, there were inserted new paragraphs (3A) and (1B) respectively. Parts VII and VIII of S.R. 2005 No. 91 apply to non-segregated schemes or multi-employer sections of segregated schemes, the rules of which give the trustees or managers the option to segregate such part of the assets of the section as is attributable to the liabilities of the section to provide pensions or other benefits to, or in respect of, the pensionable service of members of that section by reference to an employer in circumstances where that employer has ceased to participate in the scheme