Regulation 8 Applications and notifications to the Board – further provisionI1
Northern Ireland
Except in a case to which regulation 8A applies, the prescribed period for making an application to the Board under Article 113(1) shall be the period of—
28 days, or
such longer period of not more than three months as the Board may determine is reasonable in the circumstances of a particular case,
beginning with the date on which the trustees or managers of an eligible scheme become aware that the employer in relation to the scheme is unlikely to continue as a going concern.
Applications to the Board for the purposes of Article 112 shall be in writing and shall contain the following information –
a description of the type or purpose of the application;
the name, address and pension scheme registration number of the scheme in respect of which the application is made;
the name of the employer in relation to the scheme in respect of which the application is made;
a statement by the trustees or managers of the scheme that the employer in relation to the scheme is unlikely to continue as a going concern and that the requirements prescribed under Article 113(1)(b) have been met in relation to that employer;
the date on which the trustees or managers of the scheme became aware that the employer in relation to the scheme is unlikely to continue as a going concern, F2...
the date on which the application was sent to the Board by the trustees or managers of the scheme F3, and
if the application was not sent to the Board within the period specified in paragraph (1)(a), the reasons for this.
Where the Regulator becomes aware that the employer in relation to an eligible scheme is unlikely to continue as a going concern and that the requirements prescribed under Article 113(1)(b) are met in relation to that employer, the prescribed information to be contained in the notice referred to in Article 113(4) which the Regulator must give to the Board is as follows –
the name or type of the notice issued;
the date on which the notice is issued;
the name, address and pension scheme registration number of the scheme in respect of which the notice is issued;
the name of the employer in relation to the scheme in respect of which the notice is issued;
a statement by the Regulator that the employer in relation to the scheme is unlikely to continue as a going concern and that the requirements prescribed under Article 113(1)(b) are met in relation to that employer, and
the date on which the Regulator became aware that the employer in relation to the scheme is unlikely to continue as a going concern.
Where the Board receives a notice from the Regulator to which paragraph (3) applies, the prescribed information that must be contained in the notice referred to in Article 113(5) which the Board must give to the trustees or managers of the scheme concerned and copy to the employer in relation to that scheme is as follows –
the name or type of the notice issued;
the date on which the notice is issued;
the name, address and pension scheme registration number of the scheme in respect of which the notice is issued;
the name of the employer in relation to the scheme in respect of which the notice is issued;
a statement that the Board received a notice from the Regulator under Article 113(4) and the date on which that notice was received by the Board;
the date on which the Regulator became aware that the employer in relation to the scheme is unlikely to continue as a going concern;
the address for communications at which the Board may be contacted in respect of the issue of the notice, and
whether the notice issued by the Board contains any restricted information and, if so, the nature of the restrictions.
Annotations
Textual amendments
- F1
Reg. 8(1) substituted (6.4.2016) by The Pension Protection Fund and Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/165), regs. 1, 5(6)(a)
- F2
Word in reg. 8(2)(e) omitted (6.4.2016) by virtue of The Pension Protection Fund and Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/165), regs. 1, 5(6)(b)(i)
- F3
Words in reg. 8(2)(f) inserted (6.4.2016) by The Pension Protection Fund and Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/165), regs. 1, 5(6)(b)(ii)
- F4
Reg. 8(2)(g) inserted (6.4.2016) by The Pension Protection Fund and Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/165), regs. 1, 5(6)(b)(iii)
Commencement
- I1
Reg. 8 in operation at 6.4.2005, see reg. 1(1)(b)