Pensions (Northern Ireland) Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/3213 |
1995 No. No. 3213 (N.I. 22)
NORTHERN IRELAND
The Pensions (Northern Ireland) Order 1995
Made 13th December 1995
Laid before Parliament 14th December 1995
Coming into operation in accordance with Article 1
At the Court at Buckingham Palace, the 13th day of December 1995
Present,
The Queen’s Most Excellent Majesty in Council
Whereas this Order is made only for purposes corresponding to those of the Pensions Act 19951:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 19742(as modified by section 179 of the Act of 1995) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Part I
Introductory
Title and commencement
1.—(1) This Order may be cited as the Pensions (Northern Ireland) Order 1995.
(2) Subject to the following provisions, this Order comes into operation on such day or days as the Department may by order appoint.
(3) The following provisions come into operation on the expiration of two days from the day on which this Order is made—
(a)
(a) Part III, subject to Schedule 2,
(a)
(a) Article 163,
and any repeal in Schedule 5 for which there is a note comes into operation in accordance with that note.
(4) Article 162 and the repeal in Schedule 5, Part IV, in the Matrimonial Causes (Northern Ireland) Order 19783come into operation on such day or days as the Lord Chancellor may by order appoint.
(5) Without prejudice to Article 166(3), the power to make an order under this Article includes power—
(a)
(a) to make such transitional adaptations or modifications—
(i) of the provisions brought into operation by the order, or
(ii) in connection with those provisions, or any provision of this Order, or the Pension Schemes Act, then in force, or
(b)
(b) to make such savings for the effect of any of the repealed provisions of the Pension Schemes Act, or those provisions as adapted or modified by the order,
as appear to the Department expedient, including different adaptations or modifications for different periods.
Interpretation
2.—(1) The Interpretation Act (Northern Ireland) 19544applies to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
(2) In this Order—
“the Administration Act” means the Social Security Administration (Northern Ireland) Act 19925;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 19926;
“the Department” means the Department of Health and Social Services;
“enactment” includes any statutory provision (as defined by section 1 of the Interpretation Act (Northern Ireland) 1954);
“occupational pension scheme” and “personal pension scheme” have the meaning given by section 1 of the Pension Schemes Act;
“the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 19937;
“regulations” means regulations made by the Department or any other Northern Ireland department, as the context may require.
(3) In the application of section 24(1) of the Interpretation Act (Northern Ireland) 1954 (service of documents by post by registering them) for the purposes of this Order, omit “registering”.
(4) Subject to the provisions of this Order, expressions used in this Order and in the Pension Schemes Act have the same meaning in this Order as in that Act.
PART II
Occupational Pensions
Supervision by the Authority
Prohibition orders
3.—(1) The Authority may by order prohibit a person from being a trustee of a particular trust scheme in any of the following circumstances.
(2) The circumstances are—
(a)
(a) that the Authority are satisfied that while being a trustee of the scheme the person has been in serious or persistent breach of any of his duties under—
(i) this Part, other than the following provisions: Articles 51 to 54, 62 to 65 and 108 to 110, or
(ii) the following provisions of the Pension Schemes Act: section 2 (registration), Chapter IV of Part IV (transfer values), section 109 (information) and section 170 (levy),
(b)
(b) that the Authority are satisfied that, while being a trustee of the scheme, this Article has applied to the person by virtue of any other provision of this Part,
(c)
(c) that the person is a company and any director of the company is prohibited under this Article from being a trustee of the scheme, or
(d)
(d) that the person is a director of a company which, by reason of circumstances falling within sub-paragraph (a) or (b), is prohibited under this Article from being a trustee of the scheme and the Authority are satisfied that the acts or defaults giving rise to those circumstances were committed with the consent or connivance of, or attributable to any neglect on the part of, the director; or any other prescribed circumstances.
(3) The making of an order under paragraph (1) against a person who is a trustee of the scheme in question has the effect of removing him.
(4) The Authority may, on the application of any person against whom an order under paragraph (1) is in force, by order revoke the order, but a revocation made at any time cannot affect anything done before that time.
Suspension orders
4.—(1) The Authority may by order suspend a trustee of a trust scheme—
(a)
(a) pending consideration being given to the making of an order against him under Article 3(1),
(b)
(b) where proceedings have been instituted against him for an offence involving dishonesty or deception and have not been concluded,
(c)
(c) where a petition has been presented to the court for an order adjudging him bankrupt, or for the sequestration of his estate, and proceedings on the petition have not been concluded,
(d)
(d) where the trustee is a company, if a petition for the winding up of the company has been presented to the court and proceedings on the petition have not been concluded,
(e)
(e) where an application has been made to the court for a disqualification order against him under Part II of the Companies (Northern Ireland) Order 19898or for such an order under any corresponding enactment for the time being in force in Great Britain and proceedings on the application have not been concluded, or
(f)
(f) where the trustee is a company and, if any director were a trustee, the Authority would have power to suspend him under sub-paragraph (b), (c) or (e).
(2) An order under paragraph (1)—
(a)
(a) if made by virtue of sub-paragraph (a), has effect for an initial period not exceeding twelve months, and
(b)
(b) in any other case, has effect until the proceedings in question are concluded;
but the Authority may by order extend the initial period referred to in sub-paragraph (a) for a further period of twelve months, and any order suspending a person under paragraph (1) ceases to have effect if an order is made against that person under Article 3(1).
(3) An order under paragraph (1) has the effect of prohibiting the person suspended, during the period of his suspension, from exercising any functions as trustee of any trust scheme to which the order applies; and the order may apply to a particular trust scheme, a particular class of trust schemes or trust schemes in general.
(4) An order under paragraph (1) may be made on one of the grounds in sub-paragraphs (b) to (e) whether or not the proceedings were instituted, petition presented or application made (as the case may be) before or after the coming into operation of that paragraph.
(5) The Authority may, on the application of any person suspended under paragraph (1), by order revoke the order, either generally or in relation to a particular scheme or a particular class of schemes; but a revocation made at any time cannot affect anything done before that time.
(6) An order under this Article may make provision as respects the period of the trustee’s suspension for matters arising out of it, and in particular for enabling any person to execute any instrument in his name or otherwise act for him and for adjusting any rules governing the proceedings of the trustees to take account of the reduction in the number capable of acting.
Removal of trustees: notices
5.—(1) Before the Authority make an order under Article 3 against a person without his consent, the Authority must, unless he cannot be found or has no known address, give him not less than one month’s notice of their proposal, inviting representations to be made to them within a time specified in the notice.
(2) Where any such notice is given, the Authority must take into consideration any representations made to them about the proposals within the time specified in the notice.
(3) Before making an order under Article 3 against a person, the Authority must give notice of their intention to do so to each of the trustees of the scheme, except that person (if he is a trustee) and any trustee who cannot be found or has no known address.
(4) Where the Authority make an order under Article 4 against a person, they must—
(a)
(a) immediately give notice of that fact to that person, and
(b)
(b) as soon as reasonably practicable, give notice of that fact to the other trustees of any trust scheme to which the order applies, except any trustee who cannot be found or has no known address.
(5) For the purposes of section 24(1) of the Interpretation Act (Northern Ireland) 19549(service of documents by post) in its application to this Article, the last known address of any person is his latest address known to the Authority.
Removal or suspension of trustees: consequences
6.—(1) A person who purports to act as trustee of a trust scheme while prohibited from being a trustee of the scheme under Article 3 or suspended in relation to the scheme under Article 4 is guilty of an offence and liable—
(a)
(a)...
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