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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019 URL: http://www.bailii.org/uk/legis/num_reg/2019/uksi_2019193_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Exiting The European Union, Northern Ireland
Pensions, Northern Ireland
Made
5th February 2019
Coming into force in accordance with regulation 1
The Secretary of State for Work and Pensions makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018(1).
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
1. These Regulations may be cited as the Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019 and come into force on exit day.
2.-(1) The Pension Schemes (Northern Ireland) Act 1993(2) is amended as follows.
(2) In section 1 (categories of pension schemes)(3), in subsection (1), in the definition of "occupational pension scheme"(4) omit paragraph (b) and the "and" before it, but not the "or" following it.
(3) In section 15 (discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts)(5), in subsection (4)(a)(i) omit "or any other EEA state".
(4) In section 145 (procedure on an investigation)(6), in subsection (6)-
(a)in paragraph (k), omit ", EEA central counterparty" and ", EEA CSD";
(b)in paragraph (m)(7), omit "other than the United Kingdom".
(5) In section 154A (other disclosures by the Department)(8), in the table in subsection (1), in the entry beginning "A recognised investment exchange"-
(a)in column 1 omit ", EEA central counterparty" and ", EEA CSD";
(b)in column 2, for the words from "or central securities depository" to the end of the entry substitute ", central securities depository or central counterparty".
(6) In section 161 (application of certain provisions to cases with foreign element)(9), in subsection (6), for "territory of the member States" substitute "United Kingdom".
(7) In section 175A (insurer and long-term insurance business)(10), in subsection (1) omit paragraph (b) and the "or" before it.
(8) In section 176(1) (general interpretation)(11), omit the definitions of "EEA agreement" and "EEA state"(12).
3.-(1) The Pensions (Northern Ireland) Order 1995(13) is amended as follows.
(2) In Article 49 (other responsibilities of trustees, employers, etc.), in paragraph (8A)(14)-
(a)omit sub-paragraph (b);
(b)in sub-paragraph (c), omit the words after "Bank of England".
4.-(1) The Welfare Reform and Pensions (Northern Ireland) Order 1999(15) is amended as follows.
(2) In Schedule 5 (pension credits: mode of discharge), in paragraph 6(2)(a) (qualifying arrangements), omit "or any other EEA state".
5.-(1) The Pensions (Northern Ireland) Order 2005(16) is amended as follows.
(2) In Article 68 (inspection of premises), in paragraph (2)(a), in the list of provisions-
(a)in the parenthetical description of Article 230, for "non-European" substitute "non-UK";
(b)omit "Part VII (cross-border activities within European Union);".
(3) In Article 82 (other permitted disclosures), for paragraph (2)(h) substitute-
"(h)in pursuance of retained EU law.".
(4) In Article 183 (other permitted disclosures), for paragraph (2)(g) substitute-
"(g)in pursuance of retained EU law.".
(5) In Article 226A (requirement for internal controls)(17), omit paragraph (4).
(6) In Article 230 (non-European scheme to be trust with UK-resident trustee)(18)-
(a)in the heading, for "Non-European" substitute "Non-UK";
(b)in paragraphs (1) and (6), for "EEA states" substitute "United Kingdom".
(7) In Article 231 (representative of non-European scheme to be treated as trustee)(19)-
(a)in the heading, for "non-European" substitute "non-UK";
(b)in paragraph (1), for "EEA states" substitute "United Kingdom".
(8) Omit Part 7 (cross-border activities within European Union)(20).
(9) In Article 280(2) (modification of this Order in relation to certain categories of schemes) omit sub-paragraph (e) and the "and" before it.
(10) In Schedule 3 (restricted information held by the Regulator) and Schedule 7 (restricted information held by the Board)(21), in the entry in the table relating to a recognised investment exchange, in the first column omit ", EEA central counterparty" and ", EEA CSD".
6.-(1) The Pensions (No. 2) Act (Northern Ireland) 2008(22) is amended as follows.
(2) In section 18 (occupational pension schemes)-
(a)omit paragraph (b);
(b)in paragraph (c), for "an EEA State" substitute "the United Kingdom".
(3) In section 78 (interpretation of Part 1), omit the definition of the "IORP Directive".
7.-(1) The Pension Schemes Act (Northern Ireland) 2016(23) is amended as follows.
(2) In section 42 (regulatory own fund schemes exempt from indexation), in subsection (3), for inserted paragraphs (9) and (10) substitute-
"(9) In paragraph (1)(a)(ii) "regulatory own fund scheme" means a scheme where the scheme and not any employer in relation to that scheme-
(a)underwrites any liability to cover against biometric risk,
(b)guarantees an investment performance, or
(c)guarantees a level of benefits.
(10) In paragraph (9)-
"biometric risk" means liability risks linked to death, disability and longevity;
"employer" has the meaning given by Article 2(2) of the Pensions (Northern Ireland) Order 2005.".
8.-(1) The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996(24) are amended as follows.
(2) In regulation 1(2)-
(a)omit the definitions of "EEA agreement" and "EEA state";
(b)in the definition of "overseas scheme", for "EEA states" substitute "United Kingdom".
9.-(1) The Contracting-out (Transfer and Transfer Payment) Regulations (Northern Ireland) 1996(25) are amended as follows.
(2) In regulation 1(2)-
(a)omit the definitions of "EEA agreement" and "EEA state";
(b)in the definition of "overseas scheme"-
(i)in paragraph (a), for "EEA states" substitute "United Kingdom";
(ii)omit paragraph (b) and the "or" before it.
10.-(1) The Occupational Pension Schemes (Winding Up) Regulations (Northern Ireland) 1996(26) are amended as follows.
(2) In regulation 10, omit paragraph (1)(d).
11.-(1) The Occupational Pension Schemes (Scheme Administration) Regulations (Northern Ireland) 1997(27) are amended as follows.
(2) In regulation 1(2), in the definition of "qualifying insurance policy" omit paragraph (b) and the "or" before it.
(3) In regulation 11-
(a)in paragraph (3)(a) omit "or the central bank of another EEA State";
(b)omit paragraph (4)(a).
(4) In regulation 15, omit paragraph (2)(b) and the "or" before it.
12.-(1) The Occupational Pension Schemes (Discharge of Liability) Regulations (Northern Ireland) 1997(28) are amended as follows.
(2) In regulation 2-
(a)omit paragraph (1)(b) and the "or" before it;
(b)in paragraph (2), omit "and (b)".
13.-(1) The Pension Sharing (Implementation and Discharge of Liability) Regulations (Northern Ireland) 2000(29) are amended as follows.
(2) In regulation 11-
(a)omit paragraph (1)(b) and the "or" before it;
(b)in paragraph (2), omit "and (b)".
14.-(1) The Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000(30) are amended as follows.
(2) In regulation 5-
(a)omit paragraph (3)(b) and the "or" before it;
(b)in paragraph (4), omit "and (b)".
15.-(1) The Stakeholder Pension Schemes Regulations (Northern Ireland) 2000(31) are amended as follows.
(2) In regulation 1(3), in the definition of "insurer", omit paragraph (b) and the "or" before it.
16.-(1) The Occupational and Personal Pension Schemes (General Levy) Regulations (Northern Ireland) 2005(32) are amended as follows.
(2) In regulation 1(2), omit the definition of "cross-border section 615 scheme".
(3) In regulation 2(1), omit ", other than such a scheme which is a cross-border section 615 scheme,".
17.-(1) The Register of Occupational and Personal Pension Schemes Regulations (Northern Ireland) 2005(33) are amended as follows.
(2) In regulation 1(2), omit the definition of "scheme undertaking cross-border activities".
(3) In regulation 2(1), omit sub-paragraph (c) and the "or" before it.
(4) In regulation 3(1), omit sub-paragraph (j) and the "and" before it.
18.-(1) The Pension Protection Fund (PPF Ombudsman) Order (Northern Ireland) 2005(34) is amended as follows.
(2) In Article 5(2)(j), omit ", an EEA central counterparty" and ", EEA CSD".
19.-(1) The Occupational Pension Schemes (Employer Debt) Regulations (Northern Ireland) 2005(35) are amended as follows.
(2) In regulation 4(1), omit sub-paragraph (g)(ii) and the "and" before it.
20.-(1) The Occupational Pension Schemes (Winding up, etc.) Regulations (Northern Ireland) 2005(36) are amended as follows.
(2) In regulation 3(1), omit sub-paragraph (h)(ii) and the "and" before it.
21.-(1) The Pensions Regulator (Contribution Notices and Restoration Orders) Regulations (Northern Ireland) 2005(37) are amended as follows.
(2) In regulation 2(1), omit sub-paragraph (i)(ii) and the "and" before it.
22.-(1) The Occupational Pension Schemes (Trust and Retirement Benefits Exemption) Regulations (Northern Ireland) 2005(38) are amended as follows.
(2) In regulation 1(2), omit the definition of "scheme undertaking cross-border activities".
(3) Omit regulation 1A.
23.-(1) The Pension Schemes (Categories) Regulations (Northern Ireland) 2005(39) are amended as follows.
(2) In regulation 1(2), omit the definitions of "EEA agreement" and "EEA state".
(3) In regulation 2, omit paragraph (2)(b) but not the final "and".
24.-(1) The Occupational Pension Schemes (Scheme Funding) Regulations (Northern Ireland) 2005(40) are amended as follows.
(2) In regulation 2(1), omit the definitions of "EEA agreement" and "EEA state".
(3) For regulation 17(1)(d) substitute-
"(d)a scheme which is treated as such by virtue of paragraph 4 or 5 of Schedule 2 and applies to members in employment outside the United Kingdom;".
(4) In Schedule 2-
(a)in paragraph 4, in sub-paragraphs (2)(b) and (d)(i) and (3)(a), for "EEA states" in each place where it occurs substitute "United Kingdom";
(b)omit paragraph 6 (schemes undertaking cross-border activities).
25.-(1) The Occupational Pension Schemes (Investment) Regulations (Northern Ireland) 2005(41) are amended as follows.
(2) In regulation 1(2)-
(a)in the definition of "qualifying insurance policy", omit paragraph (b) and the "or" before it;
(b)omit the definition of "scheme undertaking cross-border activities".
(3) In regulation 4(11)-
(a)in the definition of "derivative instrument", for the words from "of Section C" to "financial instruments" substitute "of Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(42)";
(b)in the definition of "regulated market"-
(i)omit paragraph (a);
(ii)for paragraph (b) substitute the following-
"(b)a UK regulated market or an EU regulated market within the meaning of Article 2.1.13A and 2.1.13B respectively of Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments, or".
(4) In regulation 15A, omit paragraph (2)(b) but not the "or" following it.
(5) Omit regulation 17.
26.-(1) The Occupational Pension Schemes (Regulatory Own Funds) Regulations (Northern Ireland) 2005(43) are amended as follows.
(2) In regulation 2(1), omit the definitions of "EEA agreement" and "EEA state".
(3) In regulation 10, omit paragraphs (3) and (8).
(4) In regulation 15-
(a)in paragraph (1)(d)-
(i)omit paragraph (i) together with the final "and";
(ii)in paragraph (ii), for "paragraphs 4(3) and 5(2)(b)" substitute "paragraphs 4(2) and (3) and 5(2)(a) and (b)";
(b)omit paragraph (2);
(c)in paragraph (3), omit the definition of "scheme undertaking cross-border activities".
27.-(1) The Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006(44) are amended as follows.
(2) In regulation 2, omit the definitions of "EEA agreement" and "EEA state".
(3) In regulation 4(1), in sub-paragraph (e), for "EEA states" substitute "United Kingdom".
28.-(1) The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations (Northern Ireland) 2006(45) are amended as follows.
(2) In regulation 1(2), in the definition of "insurer" omit paragraph (b) and the "or" before it.
29.-(1) The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010(46) are amended as follows.
(2) In regulation 32E, in paragraph (1), omit the words "or which is an occupational pension scheme within section 18(b) (occupational pension schemes with main administration in an EEA state other than the UK)".
(3) Omit regulation 32J.
(4) In regulation 35-
(a)in paragraph (1)(a)(i), omit "or (b)";
(b)omit paragraph (1)(b) together with the final "and";
(c)in paragraph (2), for the definition of "competent authority" substitute-
""competent authority" means the Financial Conduct Authority or the Pensions Regulator;".
(5) In regulation 39(7), omit sub-paragraph (a).
(6) In regulation 44, in the heading and the body of the regulation, for "EEA States" substitute "United Kingdom".
(7) In regulation 45-
(a)in paragraphs (1) to (5) and (7), for "18(b) or (c)" substitute "18(c)";
(b)in paragraphs (1), (3) and (7), omit sub-paragraph (b) and the "or" before it.
(8) In regulation 46, omit paragraph (b) and the "or" before it.
30.-(1) The Occupational and Personal Pension Schemes (Disclosure of Information) Regulations (Northern Ireland) 2014(47) are amended as follows.
(2) In Schedule 1 (description of schemes), omit paragraph 1(2)(c) but not the final "or".
31.-(1) The Pensions (2012 Act) (Transitional, Consequential and Supplementary Provisions) Regulations (Northern Ireland) 2014(48) are amended as follows.
(2) Omit Part 16 (cross-border schemes).
32.-(1) The Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016(49) are amended as follows.
(2) In regulation 6(2), for "EEA states" substitute "United Kingdom".
33. The Occupational Pension Schemes (Cross-border Activities) Regulations (Northern Ireland) 2005(50) are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Guy Opperman
Parliamentary Under-Secretary of State
Department for Work and Pensions
5th February 2019
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (c), (d), (e) and (g) of subsection (2)) arising from the withdrawal of the UK from the European Union.
These Regulations amend legislation in the field of occupational and personal pension schemes in Northern Ireland. Part 2 amends Acts and Orders in Council, Part 3 amends secondary legislation and Part 4 revokes secondary legislation.
No impact assessment has been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.
Section 1 was amended by Article 216(2) and (3) of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)) and regulation 2(2) of S.R. 2007 No. 457.
The definition of "occupational pension scheme" was substituted by Article 216(3) of the Pensions (Northern Ireland) Order 2005 and amended by regulation 2(2) of S.R. 2007 No. 457.
Section 15(4)(a) was amended by Article 129(2) of S.I. 2001/3649 and regulation 2(3) of S.R. 2007 No. 457.
Section 145(6) was amended by paragraph 20(b) of Schedule 10 to the Pensions (Northern Ireland) Order 2005, regulation 22(2) of S.I. 2013/504 and paragraph 8(2) of the Schedule to S.I. 2017/1064; there are other amendments but none is relevant.
Paragraph (m) was added by paragraph 20(b) of Schedule 10 to the Pensions (Northern Ireland) Order 2005.
Section 154A was inserted by paragraph 9 of Schedule 4 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) and amended by paragraph 21 of Schedule 10 to the Pensions (Northern Ireland) Order 2005 and paragraph 8(3) of the Schedule to S.I. 2017/1064; there are other amendments but none is relevant.
Section 161(6)(a) was amended by section 41(5)(a) of the Pensions Act (Northern Ireland) 2015 (c. 5 (N.I.)).
Section 175A was inserted by Article 137(1) of S.I. 2001/3649.
Section 176(1) was amended by regulation 2(5) of S.R. 2007 No. 457; there are other amendments but none is relevant.
The definitions of "EEA agreement" and "EEA state" were inserted by regulation 2(5) of S.R. 2007 No. 457.
S.I. 1995/3213 (N.I. 22); Article 49 was amended by Article 154(5) of S.I. 2001/3649, regulation 3 of S.R. 2007 No. 457 and Article 4 of S.I. 2013/472; there are other amendments but none is relevant.
Paragraph (8A) was inserted by Article 154(5) of S.I. 2001/3649.
S.I. 1999/3147 (N.I. 11); paragraph 6(2)(a) of Schedule 5 was amended by Article 160(2) of S.I. 2001/3649 and regulation 4 of S.R. 2007 No. 457.
Article 226A was inserted by regulation 2 of S.R. 2005 No. 567.
Article 230(1) and (6) was amended by regulation 5(2) of S.R. 2007 No. 457.
Article 231(1) was amended by regulation 5(3) of S.R. 2007 No. 457.
Part 7 was amended by regulation 5(4) to (10) of S.R. 2007 No. 457, paragraph 33 of Schedule 2 to the Pension Schemes Act (Northern Ireland) 2016 (c. 1 (N.I.)) and regulation 2 of S.R. 2018 No. 182.
Schedules 3 and 7 were amended by paragraph 28 of the Schedule to S.I. 2017/1064; there are other amendments but none is relevant.
2016 c. 1 (N.I.); section 42 is yet to be appointed.
S.R. 1996 No. 493; amended by S.R. 2007 Nos. 185 and 457, S.R. 2012 No. 120 and S.R. 2016 No. 107; there are other amending instruments but none is relevant.
S.R. 1996 No. 618; amended by S.R. 2007 Nos. 185 and 457 and S.R. 2016 No. 158; there are other amending instruments but none is relevant.
S.R. 1996 No. 621; amended by S.R. 2006 No. 65; there are other amending instruments but none is relevant.
S.R. 1997 No. 94; amended by S.R. 2003 No. 256, S.R. 2006 No. 141 and S.I. 2013/472; there are other amending instruments but none is relevant.
S.R. 1997 No. 159; amended by S.R. 2003 No. 256 and S.I. 2013/472; there are other amending instruments but none is relevant.
S.R. 2000 No. 145; amended by S.R. 2003 No. 256 and S.I. 2013/472; there are other amending instruments but none is relevant.
S.R. 2000 No. 146; amended by S.R. 2003 No. 256 and S.I. 2013/472; there are other amending instruments but none is relevant.
S.R. 2000 No. 262; amended by S.R. 2003 No. 256 and S.I. 2013/472; there are other amending instruments but none is relevant.
S.R. 2005 No. 92; amended by S.R. 2006 No. 65; there are other amending instruments but none is relevant.
S.R. 2005 No. 93; amended by S.R. 2006 No. 65 and S.R. 2018 No. 182; there are other amending instruments but none is relevant.
S.R. 2005 No. 135; amended by S.I. 2013/504 and S.I. 2017/1064; there are other amending instruments but none is relevant.
S.R. 2005 No. 168; amended by S.R. 2006 No. 65; there are other amending instruments but none is relevant.
S.R. 2005 No. 171; amended by S.R. 2006 No. 65; there are other amending instruments but none is relevant.
S.R. 2005 No. 173; amended by S.R. 2006 No. 65 and S.R. 2016 No. 158; there are other amending instruments but none is relevant.
S.R. 2005 No. 412; amended by S.R. 2005 No. 581.
S.R. 2005 No. 413; amended by S.R. 2007 No. 457; there are other amending instruments but none is relevant.
S.R. 2005 No. 568; amended by S.R. 2007 No. 457; there are other amending instruments but none is relevant.
S.R. 2005 No. 569; amended by S.R. 2009 No. 115, S.R. 2010 No. 287, S.I. 2013/472 and S.I. 2017/1255; there are other amending instruments but none is relevant.
S.I. 2001/544; amended by S.I. 2006/3384 and S.I. 2017/488; there are other amending instruments but none is relevant.
S.R. 2005 No. 570; amended by S.R. 2007 Nos. 158 and 457.
S.R. 2006 No. 48; amended by S.R. 2006 No. 141 and S.R. 2007 No. 457; there are other amending instruments but none is relevant.
S.R. 2006 No. 148; amended by S.I. 2013/472; there are other amending instruments but none is relevant.
S.R. 2010 No. 122; amended by S.R. 2012 No. 237, S.R. 2013 No. 221, S.R. 2015 No. 310, S.I. 2015/575 and S.I. 2017/1255; there are other amending instruments but none is relevant.
S.R. 2014 No. 79; to which there are amendments not relevant to these Regulations.
S.R. 2014 No. 204; to which there are amendments not relevant to these Regulations.
S.R. 2016 No. 107; to which there are amendments not relevant to these Regulations.
