Regulation 3 ApplicationI1

Northern Ireland

(1)

Part 2 applies—

(a)

to a pensions dashboard service^f1, other than a pensions dashboard service referred to in section 4A(1) of the Financial Guidance and Claims Act 2018^f2 (specific functions included in the pensions guidance function), and

(b)

to a provider of a pensions dashboard service to which Part 2 applies by virtue of sub-paragraph (a).

(2)

Subject to paragraph (4), Parts 3 and 4 apply to a trustee or manager of a relevant occupational pension scheme^f3—

(a)

where the scheme existed on the reference date and had 100 or more relevant members on that date;

(b)

where the scheme existed on the reference date and had fewer than 100 relevant members on that date, but has 100 or more relevant members on any subsequent date, or

(c)

where the scheme was established after the reference date and had 100 or more relevant members on the date it was established, or has 100 or more relevant members on any subsequent date.

(3)

These Regulations remain applicable to a relevant occupational pension scheme where they apply by virtue of paragraph (2)(a), (b) or (c), even if the number of relevant members falls below 100, unless the number of relevant members falls to zero.

(4)

Parts 3 and 4 do not apply to a trustee or manager of a relevant occupational pension scheme—

(a)

if the pension scheme has its main administration outside of Northern Ireland;

(b)

if the pension scheme is a scheme which is not registrable with the Regulator, other than a public service pension scheme which is not registrable with the Regulator (in which case Parts 3 and 4 do apply), or

(c)

if the pension scheme is a public service pension scheme which is registrable but which relates to persons referred to in regulation 3 of the Civil Service (Other Crown Servants) Pension Scheme Regulations 2016^f4 (establishment of scheme and eligibility).

(5)

Subject to paragraph (4), Parts 3 and 4 also apply to a trustee or manager of a relevant occupational pension scheme which has fewer than 100 relevant members but which is permitted to connect on a voluntary basis under regulation 16(1).

Annotations

Commencement

I1: Reg. 3 in operation at 8.12.2023, see reg. 1

Footnotes

f1: See Article 215A(1) of the Pensions (Northern Ireland) Order 2005 for the meaning of “pensions dashboard service”
f2: 2018 c. 10; section 4A was inserted by section 122 of the Pension Schemes Act 2021 and relates to the pensions dashboard service provided by the Money and Pensions Service (see regulation 2 of S.I. 2019/383 which named the “single financial guidance body” established by section 1(1) of the Financial Guidance and Claims Act 2018 the “Money and Pensions Service”)
f3: See Article 215F(3) of the Pensions (Northern Ireland) Order 2005 (as inserted by paragraph 3 of Schedule 9 to the Pension Schemes Act 2021) for the definition of “relevant occupational pension scheme”
f4: S.I. 2016/326; regulation 3 was substituted by regulation 5 of S.I. 2019/906