Regulation 21 Refusal to assume responsibility – schemes which become eligible schemesI1

Northern Ireland

(1)

The prescribed period referred to in Article 130(1) (schemes which become eligible schemes) throughout which the Board must be satisfied that an occupational pension scheme is not an eligible scheme shall –

(a)

in the case of a scheme which was established at least 3 years before the date on which an assessment period began in relation to the scheme, be the period of 3 years preceding the date on which that assessment period began, F1...

(b)

in the case of a scheme which was established less than 3 years before the date on which an assessment period began in relation to a scheme, be the period beginning with the date on which the scheme was established and ending with the date on which that assessment period began F2and

(c)

in the case of a scheme which becomes an eligible scheme on 1st April 2015 in accordance with regulation 42(1)(b) of the Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014—

(i)

where the date on which an assessment period began is less than 3 years after 1st April 2015, be the period beginning on 1st April 2015 and ending with the assessment date, or

(ii)

where the date on which an assessment period began is at least 3 years after 1st April 2015, be the period of 3 years preceding the date on which that assessment period began.

(2)

Paragraph (1) shall have effect in relation to –

(a)

a section of a segregated scheme;

(b)

a multi-employer section of a segregated scheme, or

(c)

a segregated part of –

(i)

a multi-employer section of a segregated scheme, or

(ii)

a non-segregated scheme,

as if that section, or segregated part, were a separate occupational pension scheme^f1.

F3(3)

This regulation shall not apply where either—

(a)

regulation 2(1A) of these Regulations, or

(b)

regulation 2A of the Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations (Northern Ireland) 2005 (schemes to which regulation 2(1) does not apply),

applies to a scheme.

Annotations

Textual amendments

F1: Word in reg. 21(1)(a) omitted (24.7.2014) by virtue of The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/204), regs. 1(1), 57(5)(a)
F2: Reg. 21(1)(c) inserted and preceding word (24.7.2014) by The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/204), regs. 1(1), 57(5)(b)
F3: Reg. 21(3) added (8.3.2010) by The Pension Protection Fund and Occupational Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 (S.R. 2010/32), regs. 1, 3(3)

Commencement

I1: Reg. 21 in operation at 6.4.2005, see reg. 1(1)(b)

Footnotes

f1: Article 130(1) of the Pensions (Northern Ireland) Order 2005 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