Statutory Rules of Northern Ireland
1995 No. 477 (C. 11)

PENSIONS
The Pensions (1995 Order) (Commencement No. 1) Order (Northern Ireland) 1995

Made
18th December 1995

The Department of Health and Social Services, in exercise of the powers conferred on it by Article 1(2) of the Pensions (Northern Ireland) Order 1995(1) and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Pensions (1995 Order) (Commencement No. 1) Order (Northern Ireland) 1995.

(2) In this Order, “the Order” means the Pensions (Northern Ireland) Order 1995.

Appointed days

2.  The day appointed for the coming into operation of—

(a)the provisions of the Order specified in Part I of the Schedule is 19th December 1995;

(b)the provisions of the Order specified in Part II of the Schedule is 1st January 1996.

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.
Kenneth L. Millar
Assistant Secretary
18th December 1995.

Article 2
SCHEDULE

PART IPROVISIONS COMING INTO OPERATION ON 19TH DECEMBER 1995

Provisions of the Order
Subject Matter

Articles 62 to 66 and Articles 114, 117, 118, 121, 166 and 167 in so far as they relate to those Articles for the purpose only of authorising the making of regulations under Articles 63(5), 64(2) and (3) and 66(4)
Equal treatment

Article 88
Unpaid contributions in cases of insolvency

Article 152
Employment of staff by the Pensions Ombudsman

Article 164 and Articles 166 and 167 in so far as they relate to that Article
Information about public service schemes

The following paragraphs of Schedule 4 and Article 165 in so far as it relates to them—

paragraph 2

Minor amendment to the Contributions and Benefits Act

paragraph 3

Amendment to the Administration Act

paragraph 13(a)

Minor amendment to the Pension Schemes Act

paragraph 15

Amendment to the Pension Schemes Act

The following repeal in Part IV of Schedule 5 and article 168 in so far as it relates to it—
Repeals

the Pension Schemes (Northern Ireland) Act 1993(2), in Schedule 7, paragraph 35

Definition

PART IIPROVISIONS COMING INTO OPERATION ON 1ST JANUARY 1996

Provisions of the Order
Subject Matter

Article 39 and Articles 114, 118 and 121 in so far as they relate to that Article
Exercise of powers by member trustees

Articles 62 to 66, in so far as they are not already in operation, and Articles 114, 117, 118, 121, 166 and 167 in so far as they relate to those Articles and are not already in operation
Equal treatment

The following paragraphs of Schedule and Article 119 in so far as it relates to them—
Amendments consequential in Part II of the Order

paragraph 21

Repeal of equal access requirements

paragraph 24

Amendment to provisions bringing schemes into conformity with indirectly-applying requirements

paragraph 25

Amendment to provisions about the advice of the Occupational Pensions Board as to conformity of schemes with requirements

paragraph 26

Amendment to determination of questions requirements

paragraph 27

Amendment to applications to modify schemes

paragraph 28

Amendment to functions of the Occupational Pensions Board

paragraph 29

Amendment to effect of orders made by Occupational Pensions Board

paragraph 31(b) in so far as it relates to the repeal of section 149(3) and (4) of the Pension Schemes (Northern Ireland) Act 1993

Amendment to powers to modify the Pension Schemes Act

paragraph 34

Amendment to determination of questions by Department

paragraph 36(a)(i)

Repeal of definition of “equal access requirements”

paragraph 38

Re-enactment or amendment of certain provisions not in force

paragraph 39

Repeal of amendment to the Equal Pay Act (Northern Ireland) 1970(3)

The following repeals in Part I of Schedule 5 and Article 168 in so far as it relates to them—the provisions of the Pension Schemes (Northern Ireland) Act 1993 specified below—

(i)
section 114

(ii)
in section 128, “, the equal access requirements”

(iii)
in section 129(1), “, the equal access requirements”

(iv)
in section 130, in subsection(3), “, the equal access requirements” and in subsection (4), “or the equal access requirements” and “or, as the case may be, section 114(1)”

(v)
in section 132(2)(e)(iv), “or the equal access requirements”

(vi)
in section 135(2), “, the equal access requirements”

(vii)
section 136(4)(c) and the preceding “and”

(viii)
section 149(3) and (4)

(ix)
section 165(5) and (6)

(x)
in section 176(l), the definition of “equal access requirements”

(xi)
in Schedule 6, paragraphs 1 and 3

(xii)
in Schedule 7, paragraph 10

Repeals consequential on Part II of the Order

Explanatory Note

(This note is not part of the Order)
This Order provides for the coming into operation of provisions of the Pensions (Northern Ireland) Order 1995 on the following dates—
19th December 1995 for—

Articles 62 to 66 for the purpose only of authorising the making of regulations and Articles 114, 117, 118, 121, 166 and 167 in so far as they relate to those Articles for that purpose,

Article 88 which amends provisions in the Pension Schemes (Northern Ireland) Act 1993 (“the Pension Schemes Act”) concerning unpaid contributions in cases of insolvency,

Article 152 which amends provisions in the Pension Schemes Act, concerning the employment of staff by the Pensions Ombudsman,

Article 164 and Articles 166 and 167 in so far as they relate to that Article to provide for the disclosure of information, in certain circumstances, by public service schemes,

Paragraphs 2, 3, 13(a) and 15 of Schedule 4 and Article 165 in so far as it gives effect to those paragraphs to make minor amendments and an associated repeal in Schedule 5 and Article 168 in so far as it gives effect to that

1st January 1996 for—

Article 39 and Articles 114, 118 and 121 in so far as they relate to that Article to provide for the exercise of powers by member trustees, the following provisions (which relate to equal treatment)—

Articles 62 to 66, in so far as not already in operation, and Articles 114, 117, 118, 121, 166 and 167 in so far as they relate to those Articles and are not already in operation,

paragraphs 21, 24 to 29, 31(b) (in part), 34, 36(a)(i), 38 and 39 of Schedule 1 and Article 119 in so far as it gives effect to those paragraphs,

associated repeals in Part I of Schedule 5 and Article 168 in so far as it gives effect to those repeals.

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

(2)
1993 c. 49

(3)
1970 c. 32 (N.I.)