Northern Ireland Orders in Council

(a) this Article and Article 2 (other than paragraphs (5) and (6));

(b) in Part V, Article 213 (supply of housing benefit information);

(c) in Part VI, Article 258 (exemption from statutory revaluation requirement);

(d) in Part VIII - 


(i) Article 272 (persons entitled to more than one Category B retirement pension),

(ii) Article 273(3) (commencement of amendments of state pension deferment provisions made by the 1995 Order), and

(iii) Article 274 (disclosure of state pension information), except paragraphs (4) and (5)(b);



(e) in Part IX (miscellaneous and supplementary) - 



(i) Articles 277 and 278 (electronic working), and

(ii) Articles 285, 287 (other than paragraph (4)), 288 and 289;



(f) the repeal by this Order of Article 47(2) of the 1999 Order.

    (4) Article 273 (and Schedule 9 (deferral of retirement pensions and shared additional pensions), other than the provisions coming into operation in accordance with paragraph (3) - 

(a) shall come into operation on the expiration of seven days from the day on which this Order is made so far as is necessary for enabling the making of any regulations for which they provide, and

(b) otherwise, shall come into operation on 6th April 2005.

    (5) The repeals by this Order of Article 131(3) of, and paragraph 18(13) and (14) of Schedule 2 to, the 1995 Order shall come into operation on 6th April 2005.

    (6) Without prejudice to Article 287(3), the power to make an order under this Article includes power - 

(a) to make transitional adaptations or modifications - 


(i) of the provisions brought into operation by the order, or

(ii) in connection with those provisions, of any provisions of Parts II to VII of this Order, the Pension Schemes Act, the 1995 Order, Parts II, III or V of the 1999 Order or Chapter 2 of Part II of the 2000 Act, or



(b) to save the effect of any of the repealed provisions of any of those statutory provisions, or those provisions as adapted or modified by the order,

as it appears to the Department expedient, including different adaptations or modifications for different periods.

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

"the 1999 Order" means the Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11);

"the 2000 Act" means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4);

"active member" has the meaning given by Article 121(1) of the 1995 Order;

"the Board" means the Board of the Pension Protection Fund;

"the Companies Order" means the Companies (Northern Ireland) Order 1986 (NI 6);

"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 Determinations Panel" means the committee established by the Regulator under section 9 of the Pensions Act 2004 (c. 35);

"direct payment arrangements", in relation to a personal pension scheme, has the same meaning as in section 107A of the Pension Schemes Act;

"earnings" has the meaning given by section 176(1) of the Pension Schemes Act;

"employee" has the meaning given by section 176(1) of the Pension Schemes Act;

"employer" - 

(a) in relation to an occupational pension scheme, means the employer of persons in the description of employment to which the scheme in question relates (but see paragraph (5)), and

(b) in relation to a personal pension scheme, where direct payment arrangements exist in respect of one or more members of the scheme who are employees, means an employer with whom those arrangements exist;

"enactment" includes any statutory provision;

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

"the Insolvency Order" means the Insolvency (Northern Ireland) Order 1989 (NI 19);

"managers", in relation to an occupational or personal pension scheme (other than a scheme established under a trust), means the persons responsible for the management of the scheme;

"member", in relation to an occupational pension scheme, means any active, deferred, pensioner or pension credit member within the meaning of Article 121(1) of the 1995 Order (but see paragraph (6));

"modifications" includes additions, omissions and amendments;

"money purchase benefit" has the meaning given by section 176(1) of the Pension Schemes Act;

"money purchase scheme" has the meaning given by section 176(1) of the Pension Schemes Act;

"occupational pension scheme" has the meaning given by section 1 of the Pension Schemes Act;

"pension credit" has the meaning given by Article 121(1) of the 1995 Order;

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

"personal pension scheme" has the meaning given by section 1 of the Pension Schemes Act;

"the PPF Ombudsman" means the Ombudsman for the Board of the Pension Protection Fund;

"prescribed" means prescribed by regulations;

"professional adviser", in relation to an occupational pension scheme, has the meaning given by Article 47 of the 1995 Order;

"regulations" means regulations made by the Department;

"the Regulator" means the Pensions Regulator;

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

"the Tribunal" means the Pensions Regulator Tribunal.

    (3) In this Order, unless the context otherwise requires, references to the scheme rules, in relation to an occupational pension scheme, are references to - 

(a) the rules of the scheme, except so far as overridden by a relevant legislative provision,

(b) the relevant legislative provisions, to the extent that they have effect in relation to the scheme and are not reflected in the rules of the scheme, and

(c) any provision which the rules of the scheme do not contain but which the scheme must contain if it is to conform with the requirements of Chapter 1 of Part IV of the Pension Schemes Act (preservation of benefit under occupational pension schemes).

    (4) For the purposes of paragraph (3) - 

(a) "relevant legislative provision" means any provision contained in any of the following provisions - 


(i) Schedule 5 to the Social Security (Northern Ireland) Order 1989 (NI 13) (equal treatment for men and women);

(ii) Chapters 2 to 5 of Part IV of the Pension Schemes Act (certain protection for early leavers) or regulations made under any of those Chapters;

(iii) Part IVA of that Act (requirements relating to pension credit benefit) or regulations made under that Part;

(iv) section 106(1) of that Act (requirement as to resources for annual increase of guaranteed minimum pensions);

(v) Part II of the 1995 Order (occupational pensions) or orders or regulations made or having effect as if made under that Part;

(vi) Article 28 of the 1999 Order (pension debits: reduction of benefit);

(vii) any provision mentioned in Article 279(2);



(b) a relevant legislative provision is to be taken to override any of the provisions of the scheme if, and only if, it does so by virtue of any of the following provisions - 



(i) paragraph 3 of Schedule 5 to the Social Security (Northern Ireland) Order 1989;

(ii) section 125(1) of the Pension Schemes Act;

(iii) Article 114(1) of the 1995 Order;

(iv) Article 28(4) of the 1999 Order;

(v) Article 279(1).

    (5) Regulations may, in relation to occupational pension schemes, extend for the purposes of this Part and Parts II, III and V to VII the meaning of "employer" to include - 

(a) persons who have been the employer in relation to the scheme;

(b) such other persons as may be prescribed.

    (6) Regulations may for any purpose of any provision of this Order - 

(a) prescribe the persons who are to be regarded as members or prospective members of an occupational or personal pension scheme, and

(b) make provision as to the times at which and circumstances in which a person is to be treated as becoming, or as ceasing to be, such a member or prospective member.

    (7) In the application, for the purposes of this Order, of - 

(a) section 24(1) of the Interpretation Act (Northern Ireland) 1954 (c. 33) (service of documents by post) omit the word "registering";

(b) section 39(2) of that Act (time beginning on a particular day), omit the word "not".

(a) the functions transferred to it from the Occupational Pensions Regulatory Authority by virtue of this Order, and

(b) any other functions conferred by, or by virtue of, this or any other statutory provision.

    (2) Schedule 1 makes further provision about the Regulator.

    (3) As regards the exercise of the Regulator's functions - 

(a) the functions mentioned in the following provisions are exercisable only by the Determinations Panel - 


(i) Article 7(1) (the power in certain circumstances to determine whether to exercise the functions listed in Schedule 2 and to exercise them), and

(ii) Article 94(10) (the functions concerning the compulsory review of certain determinations), and



(b) the exercise of other functions of the Regulator (except the non-executive functions which are exercised in accordance with section 4(2)(a) of the Pensions Act 2004 (c. 35) and functions which are delegated in accordance with section 4(2)(c) of that Act) may be delegated by the Regulator under paragraph 1 of Schedule 1.

(a) the administration of work-based pension schemes, or

(b) advising the trustees or managers in relation to such schemes as to their operation.

    (2) To the extent that it is not authorised to do so under paragraph (1), the Regulator may also provide such information, education and assistance as it considers appropriate to - 

(a) employers in relation to work-based pension schemes,

(b) persons involved in advising such employers as to the operation of such schemes, or

(c) persons upon whom duties are imposed by or by virtue of Article 215 (information and advice to employees).

    (3) For the purposes of paragraph (2), "employers in relation to work-based pension schemes" means, in the case of stakeholder pension schemes, the persons upon whom duties are imposed by or by virtue of Article 5 of the 1999 Order (duty of employers to facilitate access to stakeholder pension schemes).

    (4) In this Article - 

"assistance" does not include financial assistance;

"stakeholder pension scheme" and "work-based pension scheme" have the same meaning as in Article 4 (Regulator's objectives).

(a) is contravening one or more provisions of the pensions legislation, or

(b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated,

it may issue a notice (an "improvement notice") to that person directing him to take, or refrain from taking, such steps as are specified in the notice in order to remedy or prevent a recurrence of the contravention.

    (2) An improvement notice must - 

(a) state that the Regulator is of that opinion and specify the provision or provisions of the pensions legislation in question,

(b) contain a statement of the matters which it is asserted constitute the contravention and of the evidence on which that opinion is based, and

(c) in respect of each step specified in the notice, state the period (being a period of not less than 21 days beginning with the date of the notice) within which it must be complied with.

    (3) Directions in an improvement notice - 

(a) may be framed to any extent by reference to a code of practice issued by the Regulator under Article 85, and

(b) may be framed so as to afford the person to whom the notice is issued a choice between different ways of remedying or preventing the recurrence of the contravention.

    (4) Directions in an improvement notice may be expressed to be conditional on compliance by a third party with a specified direction, or specified directions, contained in a notice under Article 10 (third party notices).

    (5) An improvement notice may direct the person to whom it is issued to inform the Regulator, within such period as may be specified in the notice, of how he has complied, or is complying, with the notice.

    (6) Where a contravention of a provision of the pensions legislation consists of a failure to take action within a time limit, for the purposes of this Article the contravention continues until such time as the action is taken.

    (7) In this Article "pensions legislation" means any statutory provision contained in or made by virtue of - 

(a) the Pension Schemes Act,

(b) Part II of the 1995 Order, other than Articles 62 to 66A of that Order (equal treatment),

(c) Part II or Article 30 of the 1999 Order, or

(d) this Order.

(a) omit paragraph (3),

(b) before paragraph (4) insert - 

    " (3A) The Authority may, during an assessment period (within the meaning of Article 116 of the Pensions (Northern Ireland) Order 2005 (meaning of "assessment period" for the purposes of Part III of that Order)) in relation to an occupational pension scheme, by order direct the scheme to be wound up if they are satisfied that it is necessary to do so in order - 


(a) to ensure that the scheme's protected liabilities do not exceed its assets, or

(b) if those liabilities do exceed its assets, to keep the excess to a minimum.



    (3B) In paragraph (3A) - 



(a) "protected liabilities" has the meaning given by Article 115 of the Pensions (Northern Ireland) Order 2005, and

(b) references to the assets of the scheme are references to those assets excluding any assets representing the value of any rights in respect of money purchase benefits (within the meaning of that Order) under the scheme.",



(c) at the end of paragraph (4) add - 

" This paragraph is subject to Articles 24, 119 and 198 of the Pensions (Northern Ireland) Order 2005 (winding up order made when freezing order has effect in relation to scheme or during assessment period under Part III of that Order).", and

(d) after paragraph (6) insert - 

    " (6A) Paragraph (6) does not have effect to authorise the Authority to make an order as mentioned in sub-paragraph (a) or (b) of that paragraph, if their doing so would be unlawful as a result of section 6(1) of the Human Rights Act 1998 (unlawful for public authority to act in contravention of a Convention right).".

(a) a money purchase scheme, or

(b) a prescribed scheme or a scheme of a prescribed description.

    (2) The Regulator may issue a notice to a person stating that the person is under a liability to pay the sum specified in the notice (a "contribution notice") - 

(a) to the trustees or managers of the scheme, or

(b) where the Board has assumed responsibility for the scheme in accordance with Chapter 3 of Part III (pension protection), to the Board.

    (3) The Regulator may issue a contribution notice to a person only if - 

(a) the Regulator is of the opinion that the person was a party to an act or a deliberate failure to act which falls within paragraph (5),

(b) the person was at any time in the relevant period - 


(i) the employer in relation to the scheme, or

(ii) a person connected with, or an associate of, the employer,



(c) the Regulator is of the opinion that the person, in being a party to the act or failure, was not acting in accordance with his functions as an insolvency practitioner in relation to another person, and

(d) the Regulator is of the opinion that it is reasonable to impose liability on the person to pay the sum specified in the notice.

    (4) But the Regulator may not issue a contribution notice, in such circumstances as may be prescribed, to a person of a prescribed description.

    (5) An act or a failure to act falls within this paragraph if - 

(a) the Regulator is of the opinion that the main purpose or one of the main purposes of the act or failure was - 


(i) to prevent the recovery of the whole or any part of a debt which was, or might become, due from the employer in relation to the scheme under Article 75 of the 1995 Order (deficiencies in the scheme assets), or

(ii) otherwise than in good faith, to prevent such a debt becoming due, to compromise or otherwise settle such a debt, or to reduce the amount of such a debt which would otherwise become due,



(b) it is an act which occurred or a failure to act which first occurred - 



(i) on or after 27th April 2004, and

(ii) before any assumption of responsibility for the scheme by the Board in accordance with Chapter 3 of Part III, and



(c) it is either - 



(i) an act which occurred during the period of six years ending with the determination by the Regulator to exercise the power to issue the contribution notice in question, or

(ii) a failure which first occurred during, or continued for the whole or part of, that period.

    (6) For the purposes of paragraph (3) - 

(a) the parties to an act or a deliberate failure include those persons who knowingly assist in the act or failure, and

(b) "the relevant period" means the period which - 


(i) begins with the time when the act falling within paragraph (5) occurs or the failure to act falling within that paragraph first occurs, and

(ii) ends with the determination by the Regulator to exercise the power to issue the contribution notice in question.

    (7) The Regulator, when deciding for the purposes of paragraph (3)(d) whether it is reasonable to impose liability on a particular person to pay the sum specified in the notice, must have regard to such matters as the Regulator considers relevant including, where relevant, the following matters - 

(a) the degree of involvement of the person in the act or failure to act which falls within paragraph (5),

(b) the relationship which the person has or has had with the employer (including, where the employer is a company within the meaning of paragraph (11) of Article 4 of the Insolvency Order, whether the person has or has had control of the employer within the meaning of paragraph (10) of that Article),

(c) any connection or involvement which the person has or has had with the scheme,

(d) if the act or failure to act was a notifiable event for the purposes of Article 64 (duty to notify the Regulator of certain events), any failure by the person to comply with any obligation imposed on the person by paragraph (1) of that Article to give the Regulator notice of the event,

(e) all the purposes of the act or failure to act (including whether a purpose of the act or failure was to prevent or limit loss of employment),

(f) the financial circumstances of the person, and

(g) such other matters as may be prescribed.

    (8) For the purposes of this Article references to a debt due under Article 75 of the 1995 Order include a contingent debt under that Article.

    (9) Accordingly, in the case of such a contingent debt, the reference in paragraph (5)(a)(ii) to preventing a debt becoming due is to be read as including a reference to preventing the occurrence of any of the events specified in Article 75(4C)(a) or (b) of that Order upon which the debt is contingent.

    (10) For the purposes of this Article - 

(a) Article 7 of the Insolvency Order (connected persons) applies as it applies for the purposes of any provision of Parts II to VII of that Order, and

(b) Article 4 of that Order (associated persons) applies as it applies for the purposes of that Order.

    (11) For the purposes of this Article "insolvency practitioner", in relation to a person, means - 

(a) a person acting as an insolvency practitioner, in relation to that person, in accordance with Article 3 of the Insolvency Order, or

(b) an insolvency practitioner within the meaning of Article 105(9)(b) (persons of a prescribed description).

(a) a partnership or a partner in a partnership;

(b) a limited liability partnership or a member of such a partnership.

    (2) The definitions mentioned in paragraph (1) are - 

(a) Article 7 of the Insolvency Order (connected persons),

(b) Article 4 of that Order (associated persons), and

(c) Article 4 of the Companies Order (meaning of "subsidiary" and "holding company" etc.).

    (3) Regulations may also provide that any provision of Articles 34 to 52 applies with such modifications as may be prescribed in relation to - 

(a) any case where a partnership is or was - 


(i) the employer in relation to an occupational pension scheme, or

(ii) for the purposes of any of those Articles, connected with or an associate of the employer;



(b) any case where a limited liability partnership is - 



(i) the employer in relation to an occupational pension scheme, or

(ii) for the purposes of any of those Articles, connected with or an associate of the employer.

    (4) Regulations may also provide that any provision of Articles 48 to 52 applies with such modifications as may be prescribed in relation to a partnership or a limited liability partnership.

    (5) For the purposes of this Article - 

(a) "partnership" includes a firm or entity of a similar character formed under the law of a country or territory outside the United Kingdom, and

(b) references to a partner are to be construed accordingly.

    (6) For the purposes of this Article, "limited liability partnership" means - 

(a) a limited liability partnership formed under the Limited Liability Partnerships Act (Northern Ireland) 2002 (c. 12) or the Limited Liability Partnerships Act 2000 (c. 12), or

(b) an entity which is of a similar character to such a limited liability partnership and which is formed under the law of a country or territory outside the United Kingdom,

and references to a member of a limited liability partnership are to be construed accordingly.

    (7) This Article is without prejudice to - 

(a) Article 2(5) (power to extend the meaning of "employer"), and

(b) Article 280 (power to modify this Order in relation to certain categories of schemes).

Applications under the Insolvency Order

(a) the name of the scheme;

(b) the address of the scheme;

(c) the full names and addresses of each of the trustees or managers of the scheme;

(d) the status of the scheme with respect to the following matters - 


(i) whether new members may be admitted to the scheme;

(ii) whether further benefits may accrue to, or in respect of, members under the scheme;

(iii) whether further contributions may be paid towards the scheme;

(iv) whether any members of the scheme are active members;



(e) the categories of benefits under the scheme;

(f) in the case of an occupational pension scheme - 



(i) the name and address of each relevant employer, and

(ii) any other name by which any relevant employer has been known at any time on or after the relevant date;



(g) in the case of an occupational pension scheme, the number of members of the scheme on the later of - 



(i) the last day of the scheme year which ended most recently, and

(ii) the day on which the scheme became a registrable scheme; and



(h) such other information as may be prescribed.

    (3) Regulations may make provision about the interpretation of any of the descriptions in paragraph (2).

    (4) For the purposes of paragraph (2)(f) - 

"relevant employer" means any person - 

(a) who is, or

(b) who, at any time on or after 6th April 1975, has been,

the employer in relation to the scheme;

"relevant date", in relation to a relevant employer, means - 

(a) 6th April 1975, or

(b) if later, the date on which the relevant employer first became the employer in relation to the scheme.

(a) the principal office used by it for the carrying out of its functions, and

(b) such other offices (if any) of the Regulator or of the Department as the Regulator considers to be places where it would be reasonable for a copy of the register to be kept open for inspection.

    (2) If a request is made to the Regulator - 

(a) to state whether a particular person identified in the request is a person appearing in the prohibition register as prohibited in respect of an occupational trust scheme specified in the request,

(b) to state whether a particular person so identified is a person appearing in that register as prohibited in respect of a particular description of occupational trust schemes so specified, or

(c) to state whether a particular person so identified is a person appearing in that register as prohibited in respect of all occupational trust schemes,

the Regulator must promptly comply with the request in such manner as it considers reasonable.

    (3) The Regulator may, in such manner as it considers appropriate, publish a summary of the prohibition register if (subject to paragraphs (6) to (8)) the summary - 

(a) contains all the information described in paragraph (4),

(b) arranges that information in the manner described in paragraph (5),

(c) does not (except by identifying a person as prohibited in respect of all occupational trust schemes, in respect of a particular description of such schemes or in respect of a particular such scheme) identify any of the schemes in respect of which persons named in the summary are prohibited, and

(d) does not disclose any other information contained in the register.

    (4) That information is - 

(a) the full names and titles, so far as the Regulator has a record of them, of all the persons appearing in the register as persons who are prohibited,

(b) the dates of birth of such of those persons as are persons whose dates of birth are matters of which the Regulator has a record, and

(c) in the case of each person whose name is included in the published summary, whether that person appears in the register - 


(i) as prohibited in respect of only one occupational trust scheme,

(ii) as prohibited in respect of one or more particular descriptions of such schemes, but not in respect of all such schemes, or

(iii) as prohibited in respect of all such schemes.

    (5) For the purposes of sub-paragraph (c) of paragraph (4), the information in the published register must be arranged in three separate lists, one for each of the descriptions of prohibition specified in the heads of that sub-paragraph.

    (6) The Regulator must ensure, in the case of any published summary, that a person is not identified in the summary as a prohibited person if it appears to the Regulator that the determination by virtue of which that person appears in the register - 

(a) is the subject of any pending reference, review, appeal or legal proceedings which could result in that person's removal from the register, or

(b) is a determination which might still become the subject of any such reference, review, appeal or proceedings.

    (7) The Regulator must ensure, in the case of any published summary, that the particulars relating to a person do not appear in a particular list mentioned in paragraph (5) if it appears to the Regulator that a determination by virtue of which that person's particulars would appear in that list - 

(a) is the subject of any pending reference, review, appeal or legal proceedings which could result in such a revocation or other overturning of a prohibition of that person as would require his particulars to appear in a different list, or

(b) is a determination which might still become the subject of any such reference, review, appeal or proceedings.

    (8) Where paragraph (7) prevents a person's particulars from being included in a particular list in the published summary, they must be included, instead, in the list (if any) in which they would have been included if the prohibition to which the reference, review, appeal or proceedings relate or might relate had already been revoked or otherwise overturned.

    (9) For the purposes of this Article a determination is one which might still become the subject of a reference, review, appeal or proceedings if, and only if, in the case of that determination - 

(a) the time for the making of an application for a review or reference, or for the bringing of an appeal or other proceedings, has not expired, and

(b) there is a reasonable likelihood that such an application might yet be made, or that such an appeal or such proceedings might yet be brought.

    (10) In this Article - 

"name", in relation to a person any of whose names is recorded by the Regulator as an initial, means that initial;

"occupational trust scheme" means an occupational pension scheme established under a trust.

(a) a prescribed event in respect of an eligible scheme, or

(b) a prescribed event in respect of the employer in relation to an eligible scheme.

    (3) For the purposes of paragraph (1) - 

(a) in the case of an event within paragraph (2)(a), each of the following is "the appropriate person" - 


(i) the trustees or managers of the scheme,

(ii) a person of a prescribed description, and



(b) in relation to an event within paragraph (2)(b), each of the following is "the appropriate person" - 



(i) the employer in relation to the scheme,

(ii) a person of a prescribed description.

    (4) A notice under paragraph (1) - 

(a) must be in writing, and

(b) subject to paragraph (5), must be given as soon as reasonably practicable after the person giving it becomes aware of the notifiable event.

    (5) Regulations may require a notice under paragraph (1) to be given before the beginning of the prescribed period ending with the notifiable event in question.

    (6) Subject to Article 283 (protected items), no duty to which a person is subject is to be regarded as contravened merely because of any information or opinion contained in a notice under this Article.

    (7) Where the trustees or managers of a scheme fail to comply with an obligation imposed on them by paragraph (1), Article 10 of the 1995 Order (civil penalties) applies in relation to any trustee or manager who has failed to take all reasonable steps to secure compliance with that paragraph.

    (8) That Article also applies to any other person who, without reasonable excuse, fails to comply with an obligation imposed on him by paragraph (1).

    (9) In this Article - 

"eligible scheme" has the meaning given by Article 110,

"event" includes a failure to act.

(a) a trustee or manager of an occupational or personal pension scheme;

(b) a person who is otherwise involved in the administration of such a scheme;

(c) the employer in relation to an occupational pension scheme;

(d) a professional adviser in relation to such a scheme;

(e) a person who is otherwise involved in advising the trustees or managers of an occupational or personal pension scheme in relation to the scheme.

    (2) Where the person has reasonable cause to believe that - 

(a) a duty which is relevant to the administration of the scheme in question, and is imposed by or by virtue of a statutory provision or rule of law, has not been or is not being complied with, and

(b) the failure to comply is likely to be of material significance to the Regulator in the exercise of any of its functions,

he must give a written report of the matter to the Regulator as soon as reasonably practicable.

    (3) Subject to Article 283 (protected items), no duty to which a person is subject is to be regarded as contravened merely because of any information or opinion contained in a written report under this Article.

    (4) Article 10 of the 1995 Order (civil penalties) applies to any person who, without reasonable excuse, fails to comply with an obligation imposed on him by this Article.

(a) the trustees or managers of a work-based pension scheme,

(b) any employer in relation to such a scheme, or

(c) any person who is otherwise involved in the administration of such a scheme,

requiring them or, as the case may be, him to provide the Regulator with a report on one or more specified matters which are relevant to the exercise of any of the Regulator's functions.

    (2) A report notice must require the person appointed to make the report to be a person - 

(a) nominated or approved by the Regulator, and

(b) appearing to the Regulator to have the skills necessary to make a report on the matter or matters concerned.

    (3) A report notice may require the report to be provided to the Regulator - 

(a) in a specified form;

(b) before a specified date.

    (4) The costs of providing a report in accordance with a report notice must be met by the person to whom the notice is issued ("the notified person").

    (5) But a report notice may require a specified person (other than the Regulator) to reimburse to the notified person the whole or any part of the costs of providing the report.

    (6) Where, by virtue of paragraph (5), an amount is required to be reimbursed by a specified person to the notified person, that amount is to be treated as a debt due from the specified person to the notified person.

    (7) If the trustees or managers of a work-based pension scheme fail to comply with a report notice issued to them, Article 10 of the 1995 Order (civil penalties) applies to any trustee or manager who has failed to take all reasonable steps to secure compliance.

    (8) That Article also applies to any other person who, without reasonable excuse, fails to comply with a report notice issued to him.

    (9) Where a report notice is issued, any person who is providing (or who at any time has provided) services to the notified person in relation to a matter on which the report is required must give the person appointed to make the report such assistance as he may reasonably require.

    (10) The duty imposed by paragraph (9) is enforceable, on the application of the Regulator, by an injunction.

    (11) In this Article - 

"specified", in relation to a report notice, means specified in the notice;

"work-based pension scheme" has the same meaning as in Article 4 (Regulator's objectives).

(a) of a description specified in the notice, and

(b) relevant to the exercise of the Regulator's functions.

    (2) This paragraph applies to - 

(a) a trustee or manager of an occupational or personal pension scheme,

(b) a professional adviser in relation to an occupational pension scheme,

(c) the employer in relation to - 


(i) an occupational pension scheme, or

(ii) a personal pension scheme where direct payment arrangements exist in respect of one or more members of the scheme who are employees, and



(d) any other person appearing to the Regulator to be a person who holds, or is likely to hold, information relevant to the exercise of the Regulator's functions.

(a) is provided in purported compliance with a requirement under - 


(i) Article 57 (the register: duties of trustees or managers),

(ii) Article 59 (duty of trustees or managers to provide scheme return),

(iii) Article 67 (provision of information), or

(iv) Article 70 (inspection of premises: powers of inspectors),



(b) is provided in applying for registration of a pension scheme under Article 4 of the 1999 Order (register of stakeholder pension schemes), or

(c) is provided otherwise than as mentioned in sub-paragraph (a) or (b) but in circumstances in which the person providing the information intends, or could reasonably be expected to know, that it would be used by the Regulator for the purpose of exercising its functions under this Order or the 1995 Order.

    (2) Any person guilty of an offence under paragraph (1) is liable - 

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or both.

Use of information

(a) by the Regulator, or

(b) by any person who receives the information directly or indirectly from the Regulator.

    (2) Paragraph (1) is subject to - 

(a) paragraph (3), and

(b) Articles 66(9) and 78 to 83 and section 235 of the Pensions Act 2004 (c. 35).

    (3) Subject to Article 83(4), restricted information may be disclosed with the consent of the person to whom it relates and (if different) the person from whom the Regulator obtained it.

    (4) For the purposes of this Article and Articles 78 to 82, "restricted information" means any information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person, except for information - 

(a) which at the time of the disclosure is or has already been made available to the public from other sources, or

(b) which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.

    (5) Any person who discloses information in contravention of this Article is guilty of an offence and liable - 

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or both.

(a) containing practical guidance in relation to the exercise of functions under the pensions legislation, and

(b) regarding the standards of conduct and practice expected from those who exercise such functions.

    (2) The Regulator must issue one or more such codes of practice relating to the following matters - 

(a) what constitutes a "reasonable" period for the purposes of any provision of the pensions legislation (other than any statutory provision contained in or made by virtue of Part III) which requires any action to be taken within such a period;

(b) the discharge of the duty imposed by Article 64 (duty to notify Regulator of certain events);

(c) the discharge of the duty imposed by Article 65 (duty to report breaches of the law);

(d) the discharge of duties imposed on trustees or managers of occupational pension schemes by, or by virtue of, Part IV (scheme funding);

(e) the discharge of the duties imposed by Articles 218 and 219 (member-nominated trustees and directors);

(f) the obligations imposed by Articles 224 and 225 (requirements for knowledge and understanding: individual and corporate trustees);

(g) the discharge of the duty imposed by Article 49(9)(b) of the 1995 Order (duty of trustees or managers of occupational pension schemes to report material failures by employers to pay contributions deducted from employee's earnings timeously);

(h) the discharge of the duties imposed by Articles 67 to 67I of that Order (the subsisting rights provisions);

(i) the discharge of the duty imposed by Article 86(1) of that Order (duty of trustees or managers of money purchase schemes to report failures to pay employer contributions etc. timeously);

(j) the discharge of the duty imposed by section 107A(7A) of the Pension Schemes Act (duty of trustees or managers of personal pension schemes to report material failures to pay employer contributions timeously);

(k) such other matters as are prescribed for the purposes of this Article.

    (3) The Regulator may from time to time revise the whole or any part of a code of practice issued under this Article and issue that revised code.

    (4) Subject to Article 9(3)(a) and (8) (power for improvement notice to direct that person complies with code of practice and civil penalties for failure to comply), a failure on the part of any person to observe any provision of a code of practice does not of itself render that person liable to any legal proceedings.

    (5) A code of practice issued under this Article is admissible in evidence in any legal proceedings and, if any provision of such a code appears to the court or tribunal concerned to be relevant to any question arising in the proceedings, it must be taken into account in determining that question.

    (6) In this Article - 

"legal proceedings" includes proceedings of the Pensions Ombudsman, proceedings of the PPF Ombudsman and proceedings of the Board under Article 189 or 190; and

"the pensions legislation" means any statutory provision contained in or made by virtue of - 

(a) the Pension Schemes Act,

(b) Part II of the 1995 Order, other than Articles 62 to 66A of that Order (equal treatment),

(c) Part II or Article 30 of the 1999 Order, or

(d) this Order.

(a) the power to issue an improvement notice under Article 9,

(b) the power to issue a third party notice under Article 10,

(c) the reserved regulatory functions (see Schedule 2),

(d) the power to issue a clearance statement under Article 38,

(e) the power to issue a notice under Article 41(1) approving the details of arrangements,

(f) the power to issue a clearance statement under Article 42,

(g) the power to vary or revoke under Article 96 (to the extent that it does not fall within sub-paragraph (c)),

(h) the power to make an order under Article 138(8),

(i) the power to make an order under Article 198(4),

(j) the power to grant or revoke authorisation under Article 264,

(k) the power to grant or revoke approval under Article 265,

(l) the power to issue a notice under Article 269(5),

(m) the power by direction under Article 4(3)(a) of the 1999 Order to refuse to register a scheme under Article 4 of that Order,

(n) the power to make an order under Article 7 of the 1995 Order appointing a trustee (to the extent that it does not fall within sub-paragraph (c)),

(o) the power to make an order under Article 23 of that Order appointing an independent trustee,

(p) the power to give directions under Article 72B of that Order (directions facilitating winding up), and

(q) such other functions of the Regulator as may be prescribed.

    (3) The Determinations Panel must determine the procedure to be followed by it in relation to any exercise by it on behalf of the Regulator of - 

(a) the power to determine whether to exercise a regulatory function, and

(b) where the Panel so determines to exercise a regulatory function, the power to exercise the function in question.

    (4) The procedure determined under this Article - 

(a) must provide for the procedure required under - 


(i) Article 91 (standard procedure), and

(ii) Article 93 (special procedure), and



(b) may include such other procedural requirements as the Regulator or, as the case may be, the Panel considers appropriate.

    (5) This Article is subject to - 

(a) Articles 94 to 98 (the remaining provisions concerning the procedure in relation to the regulatory functions), and

(b) any regulations made by the Secretary of State under paragraph 19 of Schedule 1 to the Pensions Act 2004 (c. 35).