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PART 3 PERSONAL ACCOUNTS DELIVERY AUTHORITY

Initial function of the Personal Accounts Delivery Authority

16.—(1) The Personal Accounts Delivery Authority (referred to in this Part as “the Authority”) may do anything it thinks appropriate for preparing for the implementation of, or for advising on the modification of, any relevant proposals about personal accounts.

(2) In this Part “relevant proposals about personal accounts” means proposals by the Department or the Secretary of State (whether or not the Assembly or Parliament has given any approval on which their implementation depends) which are—

(a) proposals for the establishment of a national low-cost portable pensions savings scheme, or

(b) proposals that are made in connection with proposals falling within paragraph (a) and—

(i) relate to the subject-matter of those proposals, or

(ii) relate to matters that are incidental or supplemental to those proposals or proposals falling within sub-paragraph (i), or to any consequential or transitional matters.

(3) Subject to subsections (4) and (5), the Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the discharge of its function under this section.

(4) Nothing in this section is to be taken, in relation to proposals that have not yet been approved by the Assembly or by the Parliament of the United Kingdom—

(a) as dispensing with the need for any Assembly or Parliamentary approval otherwise required for the implementation of the proposals; or

(b) as requiring the Authority, before any such approval is given, to carry out any activities other than—

(i) the formulation of the proposals;

(ii) the taking of preparatory steps towards their implementation when approved;

(iii) activities which are carried out in connection with activities falling within sub-paragraph (i) or (ii).

(5) The Authority may not borrow money from any person for the purposes of, or in connection with, its function under this section.

(6) The Department may from time to time issue guidance to the Authority about the discharge of its function under this section.

(7) If guidance is issued under subsection (6), the Authority must have regard to it in discharging its function under this section.

(8) The Authority may delegate any function conferred on it to—

(a) a member,

(b) an employee, or

(c) a committee,

(and paragraphs (a) to (c) have the same meanings as in Schedule 6 to the Pensions Act 2007 (c. 22)).

(9) In this Part “modification” includes omissions, alterations and additions.

Management of the Authority

17.—(1) In managing its affairs, the Authority must have regard—

(a) to such general guidance concerning the management of the affairs of public bodies as the Authority thinks appropriate, and

(b) to generally accepted principles of good corporate governance.

(2) But the obligation in subsection (1)(b)—

(a) is subject to guidance falling within subsection (1)(a), and

(b) applies only to the extent that the principles in question may reasonably be regarded as applicable in relation to a statutory corporation.

PART 4 GENERAL

Review of operation of Act

18.—(1) The Department must, before the end of 2014, prepare a report on the operation of the provisions of this Act.

(2) The Department may prepare subsequent reports on the operation of the provisions of this Act.

(3) The Department must lay a copy of any report prepared under this section before the Assembly.

Consequential etc. provision, repeals and revocations

19.—(1) The Department may by order make—

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as it considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.

(2) Schedule 6 contains repeals and revocations.

(3) The following repeals have effect on the date on which this section comes into operation—

(a) the repeals in Part 2 of Schedule 6 of the provisions of the Pensions Order other than paragraphs 15 and 17 of Schedule 2 to that Order;

(b) the repeal in Part 2 of Schedule 6 of paragraph 90 of Schedule 24 to the Civil Partnership Act 2004 (c. 33);

(c) the repeals in Parts 3 and 4 of Schedule 6.

(4) The following repeals and revocations have effect on 6th April 2010—

(a) the repeals and revocations in Part 1 of Schedule 6;

(b) the repeals in Part 2 of that Schedule other than those falling within subsection (3).

(5) The repeals and revocations in Part 6 of that Schedule have effect on the abolition date (within the meaning of section 13).

(6) The other repeals contained in that Schedule have effect on the date on which they come into operation by virtue of an order made under section 21.

(7) An order made under subsection (1) is subject to negative resolution.

(8) In Article 17 of the Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11) (social security: amendments following certain orders), at the end of paragraph (2) add “the Pensions Act 2007”.

Interpretation

20.—(1) In this Act—

“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992 (c. 8);

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);

“the Department” means the Department for Social Development;

“the Pension Schemes Act” means the Pension Schemes (Northern Ireland) Act 1993 (c. 49);

“the Pensions Order” means the Pensions (Northern Ireland) Order 1995 (NI 22);

“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);

“tax year” has the same meaning as in Parts 1 to 6 of the Contributions and Benefits Act (see section 121(1) of that Act).

(2) In the application, for the purposes of this Act, of section 39(2) of the Interpretation Act (Northern Ireland) 1954 (time beginning on a particular day), omit the word “not”.

Commencement

21.—(1) The following provisions of this Act shall come into operation on such day or days as the Department may by order appoint—

(a) section 12;

(b) section 13(1), Part 2 of Schedule 4 and Part 7 of Schedule 6;

(c) section 15, Schedule 5 and Part 8 of Schedule 6;

(d) Part 5 of Schedule 6.

(2) An order under subsection (1) may make such provision as the Department considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into operation of any provision falling within subsection (1).

Short title

22.  This Act may be cited as the Pensions Act (Northern Ireland) 2008.