Office of Public Sector Information

(4) Where any information disclosed to the Compensation Board under this Article is so disclosed subject to any express restriction on the disclosure of the information by the Board, the Board's power of disclosure under paragraph (3) is, in relation to the information, exercisable by them subject to any such restriction.

(5) In the case of any such information as is mentioned in paragraph (2), paragraph (3) does not authorise any disclosure of that information by the Compensation Board unless made—

(a)to, or in accordance with authority duly given by, the Commissioners of Inland Revenue or the Commissioners of Customs and Excise or

(b)with a view to the institution of, or otherwise for the purposes of, criminal proceedings under this Order or the Pension Schemes Act, or any enactment in force in Great Britain corresponding to either of them.

(6) Nothing in this Article shall be construed as affecting any power of disclosure exercisable apart from this Article.

(7) This Article applies to the following (and, accordingly, in this Article person shall be construed as including any of them)—

(a)any government department,

(b)the Director of Public Prosecutions for Northern Ireland,

(c)the Director of Public Prosecutions,

(d)the Lord Advocate,

(e)any constable,

Sub-para. (f) rep. by SI 2001/3649

(g)a recognised professional body (within the meaning of Article 350 of the Insolvency (Northern Ireland) Order 1989F2 or section 391 of the Insolvency Act 1986F3),

(h)the Pensions Ombudsman,

Sub-para. (i) rep. by SI 2001/3649

(j)the Authority,

(k)the Registrar of Occupational and Personal Pension Schemes,

F1(ka)the Financial Services Authority;

(kb)a body corporate established in accordance with section 212(1) of the Financial Services and Markets Act 2000 (Financial Services Compensation Scheme: the scheme manager);

(l)the Official Receiver for Northern Ireland or the Official Receiver in England and Wales, and

(m)such other persons as may be prescribed.

General

Breach of regulations

113.—(1) Regulations made by virtue of any provisions of this Part may provide for the contravention of any provision contained in any such regulations to be an offence under this Part and for the recovery on summary conviction for any such offence of a fine not exceeding level 5 on the standard scale.

(2) An offence under any provision of the regulations may be charged by reference to any day or longer period of time; and a person may be convicted of a second or subsequent offence under such a provision by reference to any period of time following the preceding conviction of the offence.

(3) Where by reason of the contravention of any provision contained in regulations made by virtue of this Part—

(a)a person is convicted of an offence under this Part, or

(b)a person pays a penalty under Article 10,

then, in respect of that contravention, he shall not, in a case within sub-paragraph (a), be liable to pay such a penalty or, in a case within sub-paragraph (b), be convicted of such an offence.

Overriding requirements

114.—(1) Where any provision mentioned in paragraph (2) conflicts with the provisions of an occupational pension scheme—

(a)the provision mentioned in paragraph (2), to the extent that it conflicts, overrides the provisions of the scheme, and

(b)the scheme has effect with such modifications as may be required in consequence of sub-paragraph (a).

(2) The provisions referred to in paragraph (1) are those of—

(a)this Part,

(b)any subordinate legislation made or having effect as if made under this Part, or

(c)any arrangements under Article 16(1) or F1 17(2).

Powers to modify this Part

115.—(1) Regulations may modify any provisions of this Part, in their application—

(a)to a trust scheme which applies to earners in employments under different employers,

(b)to a trust scheme of which there are no members who are in pensionable service under the scheme, or

(c)to any case where a partnership is the employer, or one of the employers, in relation to a trust scheme.

(2) Regulations may provide for F1 some or all of the provisions of Articles 22 to 26C, and Article 114 (so far as it applies to those Articles), not to apply in relation to a trust scheme falling within a prescribed class or description.

F1(3) Regulations may modify Articles 26A and 26B for the purpose of requiring prescribed persons, in addition to or instead of the persons who (apart from the regulations) would be required to provide information to the Authority under those Articles, to be subject to the duties imposed by those Articles.

Calculations, etc. under regulations: sub-delegation

116.  Regulations made by virtue of Article 56(3), 73(3) or 75 may provide for the values of the assets and the amounts of the liabilities there mentioned to be calculated and verified in accordance with guidance—

(a)prepared and revised by a prescribed body, and

(b)approved by the Department.

Consultations about regulations

117.—(1) Before the Department makes any regulations by virtue of this Part, It must consult such persons as it considers appropriate.

(2) Paragraph (1) does not apply—

(a)to regulations made for the purpose only of consolidating other regulations revoked by them,

(b)to regulations in the case of which the Department considers consultation inexpedient because of urgency,

(c)to regulations made before the end of the period of six months beginning with the coming into operation of the provision of this Part by virtue of which the regulations are made,

(d)to regulations which—

(i)state that they are consequential upon a specified enactment, and

(ii)are made before the end of the period of six months beginning with the coming into operation of that enactment, or

(e)to regulations making only provision corresponding to provision contained in regulations made by the Secretary of State in relation to Great Britain.

Crown application

118.—(1) This Part applies to an occupational pension scheme managed by or on behalf of the Crown as it applies to other occupational pension schemes; and, accordingly, references in this Part to a person in his capacity as a trustee or manager of an occupational pension scheme include the Crown, or a person acting on behalf of the Crown, in that capacity.

(2) References in this Part to a person in his capacity as employer in relation to an occupational pension scheme include the Crown, or a person acting on behalf of the Crown, in that capacity.

(3) This Article does not apply to any provision made by or under this Part under which a person may be prosecuted for an offence; but such a provision applies to persons in the public service of the Crown as it applies to other persons.

(4) This Article does not apply to Article 42 to 46 (but see the amendment of Article 79 (1) of the Industrial Relations (Northern Ireland) Order 1976F1 in Schedule 1).

(5) Nothing in this Part applies to Her Majesty in Her private capacity (within the meaning of the Crown Proceedings Act 1947F2).

(6) Subject to paragraphs (1) to (5), this Part binds the Crown to the full extent authorised by the constitutional laws of Northern Ireland.

Connected and associated persons

120.—(1) Articles 4 and 7 of the Insolvency (Northern Ireland) Order 1989F1 (associated and connected persons) apply for the purposes of the provisions of this Order listed in paragraph (2) as they apply for the purposes of any provision of that Order.

(2) The provisions referred to in paragraph (1) are—

(a)Article 23(3)(b)

(b)Articles 27 and 28,

(c)Article 40,

but in the case of Article 40 the provisions mentioned in paragraph (1) shall apply for those purposes with any prescribed modifications.

Interpretation of Part II

121.—(1) In this Part—

active member, in relation to an occupational pension scheme, means a person who is in pensionable service under the scheme,

the actuary and the auditor, in relation to an occupational pension scheme, have the meanings given by Article 47,

the Authority means the Occupational Pensions Regulatory Authority;

the Compensation Board means the Pensions Compensation Board.

the compensation provisions has the meaning given by Article 79(3),

the Crown means the Crown in right of Her Majesty's government in Northern Ireland or in right of Her Majesty's government in the United Kingdom;

deferred member, in relation to an occupational pension scheme, means a person (other than an active or pensioner member) who has accrued rights under the scheme,

employer, in relation to an occupational pension scheme, means the employer of persons in the description or category of employment to which the scheme in question relates (but see Article 122(3)),

equal treatment rule has the meaning given by Article 62,

firm means a body corporate or a partnership,

fund manager, in relation to an occupational pension scheme, means a person who manages the investments held for the purposes of the scheme,

government department means a Northern Ireland department or a department of the government of the United Kingdom;

independent trustee has the meaning given by Article 23(3),

managers, in relation to an occupational pension scheme other than a trust scheme, means the persons responsible for the management of the scheme,

member, in relation to an occupational pension scheme, means any active, deferred F1, pensioner or pension credit member (but see Article 122(4)),

member-nominated director has the meaning given by Article 18(2),

member-nominated trustee has the meaning given by Article 16(2),

the minimum funding requirement has the meaning given by Article 56(1),

normal pension age has the meaning given by section 175 of the Pension Schemes Act,

payment schedule has the meaning given by Article 85(2),

F1pension credit means a credit under Article 26(1)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 or under section 29(1)(b) of the Welfare Reform and Pensions Act 1999,

pension credit member, in relation to an occupational pension scheme, means a person who has rights under the scheme which are attributable (directly or indirectly) to a pension credit,

pension credit rights, in relation to an occupational pension scheme, means rights to future benefits under the scheme which are attributable (directly or indirectly) to a pension credit,

pensionable service, in relation to a member of an occupational pension scheme, means service in any description or category of employment to which the scheme relates which qualifies the member (on the assumption that it continues for the appropriate period) for pension or other benefits under the scheme,

pensioner member, in relation to an occupational pension scheme, means a person who, in respect of his pensionable service under the scheme or by reason of transfer credits, is entitled to the present payment of pension or other benefitsF2 and who is not an active member of the scheme,

prescribed means prescribed by regulations,

professional adviser, in relation to a scheme, has the meaning given by Article 47,

public service pension scheme has the meaning given by section 1 of the Pension Schemes Act,

resources, in relation to an occupational pension scheme, means the funds out of which the benefits provided by the scheme are payable from time to time, including the proceeds of any policy of insurance taken out, or annuity contract entered into, for the purposes of the scheme,

the Taxes Act 1988 means the Income and Corporation Taxes Act 1988F3,

transfer credits means rights allowed to a member under the rules of an occupational pension scheme by reference to a transfer to that scheme of his accrued rights from another scheme (including any transfer credits allowed by that scheme),

trustees or managers, in relation to an occupational pension scheme, means—

(a)in the case of a trust scheme, the trustees of the scheme, and

(b)in any other case, the managers of the scheme, trust scheme means an occupational pension scheme established under a trust

(2) For the purposes of this Part—

(a)the accrued rights of a member of an occupational pension scheme at any time are the rights which have accrued to or in respect of him at that time to future benefits under the scheme, and

(b)at any time when the pensionable service of a member of an occupational pension scheme is continuing, his accrued rights are to be determined as if he had opted, immediately before that time, to terminate that service,

and references to accrued pension or accrued benefits are to be interpreted accordingly.

F1(2A) In paragraph (2)(a), the reference to rights which have accrued to or in respect of the member does not include any rights which are pension credit rights.

(3) In determining what is pensionable service for the purposes of this Part—

(a)service notionally attributable for any purpose of the scheme is to be disregarded, and

(b)no account is to be taken of any rules of the scheme by which a period of service can be treated for any purpose as being longer or shorter than it actually is F1 but, in its application for the purposes of Article 51, sub-paragraph (b) does not affect the operation of any rules of the scheme by virtue of which a period of service is to be rounded up or down by a period of less than a month.

F2(4) In a case of the winding-up of an occupational pension scheme in pursuance of an order of the Authority under Article 11 or of an order of a court, the winding-up shall (subject to paragraph (8)) be taken for the purposes of this Part to begin—

(a)if the order provides for a time to be the time when the winding-up begins, at that time, and

(b)in any other case, at the time when the order comes into force.

(5) In a case of the winding-up of an occupational pension scheme in accordance with a requirement or power contained in the rules of the scheme, the winding-up shall (subject to paragraphs (6) to (8)) be taken for the purposes of this Part to begin—

(a)at the time (if any) which under those rules is the time when the winding-up begins, and

(b)if sub-paragraph (a) does not apply, at the earliest time which is a time fixed by the trustees or managers as the time from which steps for the purposes of the winding-up are to be taken.

(6) Paragraph (5) shall not require a winding-up of a scheme to be treated as having begun at any time before the end of any period during which effect is being given—

(a)to a determination under Article 38 that the scheme is not for the time being to be wound up, or

(b)to a determination in accordance with the rules of the scheme to postpone the commencement of a winding-up.

(7) In paragraph (5)(b) the reference to the trustees or managers of the scheme shall have effect in relation to any scheme the rules of which provide for a determination that the scheme is to be wound up to be made by persons other than the trustees or managers as including a reference to those other persons.

(8) Paragraphs (4) to (7) do not apply for such purposes as may be prescribed.

Article 121: supplementary

122.—(1) For the purposes of this Part, an occupational pension scheme is salary related if—

(a)the scheme is not a money purchase scheme, and

(b)the scheme does not fall within a prescribed class or description,

and salary related trust scheme is to be read accordingly.

(2) Regulations may apply this Part with prescribed modifications to occupational pension schemes—

(a)which are not money purchase schemes, but

(b)where some of the benefits that may be provided are money purchase benefits.

(3) Regulations may, in relation to occupational pension schemes, extend for the purposes of this Part the meaning of employer to include persons who have been the employer in relation to the scheme.

(4) For any of the purposes of this Part, regulations may in relation to occupational pension schemes—

(a)extend or restrict the meaning of member,

(b)determine who is to be treated as a prospective member, and

(c)determine the times at which a person is to be treated as becoming, or as ceasing to be, a member or prospective member.