Northern Ireland Civil Service Pensions (Provision of Information and Administrative Charges etc) Scheme (Northern Ireland) 1996

Link to law: http://www.legislation.gov.uk/nisr/1996/582/made/data.htm?wrap=true
Published: 1996-12-13

Statutory Rules of Northern Ireland
1996 No. 582

PENSIONS
Northern Ireland Civil Service Pensions (Provision of Information and Administrative Charges etc) Scheme (Northern Ireland) 1996

Made
13th December 1996

Coming into operation
27th January 1997

The Department of Finance and Personnel, in exercise of the powers conferred by Article 164(1), (2) and (3)(a) of the Pensions (Northern Ireland) Order 1995(1) and of all other powers enabling it in that behalf, hereby makes the following Scheme:—

Citation and commencement

1.  This Scheme may be cited as the Northern Ireland Civil Service Pensions (Provision of Information and Administrative Charges etc) Scheme (Northern Ireland) 1996 and shall come into operation on 27th January 1997.

Interpretation

2.  In this Scheme—

“the 1986 Act” means the Financial Services Act 1986(2);

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

“the principal scheme” means the Principal Civil Service Pension Scheme (Northern Ireland) 1972 made under Article 3 of the Superannuation (Northern Ireland) Order 1972(3).

Provision of Information

3.  The circumstances prescribed for the purposes of Article 164(1) of the Pensions Order (prescribed circumstances in which information may be provided) are that the individual to whom the information relates, or, where he has died, his personal representative, has made a written request for or consented in writing to the provision of the information.

4.  The persons prescribed for the purposes of Article 164(1) of the Pensions Order (prescribed persons who may be provided with information and charged a fee in respect of administrative expenses incurred) are listed in the Schedule.

Persons who may be charged a fee

5.  The persons prescribed for the purposes of Article 164(2) of the Pensions Order (prescribed persons who may be charged a fee in respect of administrative expenses incurred in connection with the admission or readmission of an individual or the making of a payment to the principal scheme) are the persons specified in paragraphs (a) to (d) and (f) to (i) of the Schedule and any person or body appointed to act on behalf of any of those persons.

Sealed with the Official Seal of the Department of Finance and Personnel on 13th December 1996.

L.S.
Dorothy Angus
Assistant Secretary

SCHEDULE


(a)
a person who is or has been an authorised person within the meaning of the 1986 Act (“an authorised person”);

(b)
an appointed representative within the meaning of section 44 of the 1986 Act (“an appointed representative”);

(c)
a recognised self-regulating organisation within the meaning of the 1986 Act;

(d)
a recognised professional body within the meaning of the 1986 Act;

(e)
the Securities and Investments Board(4);

(f)
the Investors Compensation Scheme Limited(5);

(g)
a professional indemnity insurer of an authorised person or an appointed representative;

(h)
the Chartered Accountants Compensation Scheme Limited;

(i)
the Solicitors Indemnity Fund Limited;

(j)
a person or body arbitrating or adjudicating in, or investigating or considering, a complaint brought by such an individual as is mentioned in Article 164(1) of the 1995 Order against an authorised person or an appointed representative;

(k)
a person or body appointed to act on behalf of any person or body mentioned in paragraphs (a) to (j).

Explanatory Note

(This note is not part of the Scheme.)
This Scheme is made under Article 164 of the Pensions (Northern Ireland) Order 1995. It makes certain provisions in relation to individuals who have been eligible to be members of the Principal Civil Service Pension Scheme (Northern Ireland) but have instead made contributions to a personal pension scheme.
Article 164(1) of the 1995 Order provides that the Department of Finance and Personnel may provide certain information relating to individuals in prescribed circumstances to any prescribed person and impose on that person reasonable fees in respect of administrative expenses incurred in providing that information. This Scheme prescribes the circumstances in which information may be provided (Article 3) and the persons who may be provided with information and charged a fee (Article 4).
Article 164(2) of the 1995 Order provides that the Department of Finance and Personnel may in certain circumstances impose on any prescribed person reasonable fees in respect of administrative expenses incurred in connection with the admission or readmission of individuals as active members, or incurred in connection with payments made to the Department of Finance and Personnel in respect of such individuals. Article 5 of this Scheme prescribes the persons who may be charged such fees.


(1)
S.I. 1995/3213 (N.I. 22)

(2)
1986 c. 60

(3)
S.I. 1972/1073 (N.I. 10)

(4)
A designated agency within the meaning of section 114 of the 1986 Act

(5)
Established under section 54 of the 1986 Act
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