Order: power to modify conferred (16.7.2015) by Pensions Act (Northern Ireland) 2015 (c. 5), ss. 44(1), 53(1); S.R. 2015/307, art. 2(1)(h)

Order: power to modifiy conferred (15.12.2008) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 115(2)(e), 118(1)(2)(g)

Order modified (21.2.2009) by Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 3, Sch.

Order applied (with modifications) (8.2.2011 with application as mentioned in reg. 27(a) of the amending Regulations) by Investment Bank Special Administration Regulations 2011 (S.I. 2011/245), regs. 1, 27(a), Sch. 6 Pt. 1

http://www.legislation.gov.uk/nisi/2005/255/contents/2015-07-16The Pensions (Northern Ireland) Order 2005texttext/xmlenStatute Law Database2024-12-20Expert Participation2015-07-16The Pensions (Northern Ireland) Order 2005art. 267(4)(d)Pension Schemes Act 2021Sch. 6 para. 20(a)s. 131(1)s. 131(3)(a)The Pensions (Northern Ireland) Order 2005art. 267(4)(f) and wordPension Schemes Act 2021Sch. 6 para. 20(b)s. 131(1)s. 131(3)(a)The Pensions (Northern Ireland) Order 2005art. 34(7)(da)Pension Schemes Act 2021Sch. 8 para. 3(2)s. 131(2)(b)The Pensions (Northern Ireland) Order 2005art. 75(1)(a)(iib)Pension Schemes Act 2021Sch. 8 para. 8(2)s. 131(2)(b)The Pensions (Northern Ireland) Order 2005Sch. 9 para. 6Pensions Act (Northern Ireland) 2012Sch. 2 para. 4(c)s. 3(8)s. 34(3)The Pensions (Northern Ireland) Order 2005Sch. 3Charities Act (Northern Ireland) 2008Sch. 8 para. 12(a)Sch. 9s. 185(1)The Pensions (Northern Ireland) Order 2005Sch. 6 para. 21(1)Pensions (No. 2) Act (Northern Ireland) 2008Sch. 6 para. 10s. 73s. 118(1)The Pensions (Northern Ireland) Order 2005Sch. 6 para. 21(2)(c)-(cc)Pensions (No. 2) Act (Northern Ireland) 2008Sch. 6 para. 11s. 73s. 118(1)The Pensions (Northern Ireland) Order 2005Sch. 6 para. 25(3)Pensions (No. 2) Act (Northern Ireland) 2008Sch. 6 para. 12s. 73s. 118(1)The Pensions (Northern Ireland) Order 2005art. 191(5)Pensions (No. 2) Act (Northern Ireland) 2008Sch. 9 para. 6s. 73s. 118(1)The Pensions (Northern Ireland) Order 2005art. 294Pensions (No. 2) Act (Northern Ireland) 2008Sch. 10 Pt. 5s. 118(1)The Pensions (Northern Ireland) Order 2005art. 233(1)(b)Pensions Act (Northern Ireland) 2015Pensions Act (Northern Ireland) 2015Sch. 17 para. 20(a)s. 53(1)The Pensions (Northern Ireland) Order 2005art. 233(1)(b)Pensions Act (Northern Ireland) 2015Pensions Act (Northern Ireland) 2015Sch. 17 para. 20(b)s. 53(1)The Pensions (Northern Ireland) Order 2005art. 213The Welfare Reform (Northern Ireland) Order 2015Sch. 12 Pt. 1art. 2(2)The Pensions (Northern Ireland) Order 2005art.168(5)(d)The Occupational Pension Schemes (Master Trusts) (No. 2) Regulations (Northern Ireland) 2023reg. 23(2)(a)(v)(bb)The Pensions (Northern Ireland) Order 2005Sch. 10 para. 2The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009Sch. 2art. 10art. 1(2)The Pensions (Northern Ireland) Order 2005art. 2(2)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 21(2)(a)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 2(2)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 21(2)(b)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 2(4)(a)(x)-(xii)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 21(3)(a)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 2(4)(b)(viii)-(x)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 21(3)(b)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 13(3)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 23(a)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 13(3)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 23(b)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 19(1)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 24(2)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 19(1A)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 24(3)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 19(2)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 24(4)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 19(10A)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 24(5)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 26(3)Insolvency (Amendment) Act (Northern Ireland) 2016Sch. 3 para. 21Sch. 4s. 28(2)The Pensions (Northern Ireland) Order 2005art. 34(1)-(1B)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 25s. 52(2)The Pensions (Northern Ireland) Order 2005art. 39(1)-(1B)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 26(2)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 39(2)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 26(3)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 48(1)-(1B)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 27s. 52(2)The Pensions (Northern Ireland) Order 2005art. 105(2)(b)Insolvency (Amendment) Act (Northern Ireland) 2016Sch. 3 para. 20s. 28(2)The Pensions (Northern Ireland) Order 2005art. 110(1)-(1B)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 29s. 52(2)The Pensions (Northern Ireland) Order 2005art. 200Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 30s. 52(2)The Pensions (Northern Ireland) Order 2005art. 235(2)(b)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 32(a)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 235(2)(c)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 32(b)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 258Pension Schemes Act (Northern Ireland) 2016Sch. 1 para. 11(b)s. 52(2)The Pensions (Northern Ireland) Order 2005art. 280(4)Pension Schemes Act (Northern Ireland) 2016Sch. 2 para. 34s. 52(2)The Pensions (Northern Ireland) Order 2005Sch. 10 para. 13Pension Schemes Act (Northern Ireland) 2016s. 38(7)s. 52(2)The Pensions (Northern Ireland) Order 2005The Pensions (Northern Ireland) Order 2005PART IINTRODUCTORY1Title and commencementInterpretation2General interpretationPART IITHE PENSIONS REGULATORGeneral provisions about functions3Regulator's functions4Regulator's objectives5Supplementary powers6Transfer of OPRA's functions to the RegulatorThe Determinations Panel7Functions exercisable by the Determinations PanelProvision of information, education and assistance8Provision of information, education and assistanceNew powers in respect of occupational and personal pension schemes9Improvement notices10Third party notices10AAppointment of skilled person to assist public service pension scheme11Injunctions12Restitution13Power of the Regulator to recover unpaid contributions14Pension liberation: interpretation15Pension liberation: Court's power to order restitution16Pension liberation: restraining orders17Pension liberation: repatriation ordersPowers in relation to winding up of occupational pension schemes18Powers to wind up occupational pension schemes19Freezing orders20Consequences of freezing order21Period of effect etc. of freezing order22Validation of action in contravention of freezing order23Effect of determination to wind up scheme on freezing order24Effect of winding up order on freezing order25Effect of assessment period under Part III on freezing order26Power to give a direction where freezing order ceases to have effect27Notification of trustees, managers, employers and members28Articles 19 to 27: supplementaryTrustees of occupational pension schemes29Prohibition orders30Suspension orders31Appointment of trustees by the Regulator32Independent trustees33DisqualificationContribution notices where avoidance of employer debt34Contribution notices where avoidance of employer debt34AArticle 34 contribution notice: meaning of “material detriment test”34BArticle 34 contribution notice issued by reference to material detriment test: defence35The sum specified in an Article 34 contribution notice35AArticle 34 contribution notice: transfer of members of the scheme35BArticle 35A: supplemental36Content and effect of an Article 34 contribution notice37Article 34 contribution notice: relationship with employer debt38Article 34 contribution notice: clearance statementsFinancial support directions39Financial support directions39AFinancial support directions: transfer of members of the scheme39BArticle 39A: supplemental40Meaning of “service company” and “insufficiently resourced”41Meaning of “financial support”42Financial support directions: clearance statements43Contribution notices where non-compliance with financial support direction44The sum specified in an Article 43 contribution notice45Content and effect of an Article 43 contribution notice46Article 43 contribution notice: relationship with employer debt47Articles 39 to 46: interpretationTransactions at an undervalue48Restoration orders where transactions at an undervalue49Restoration orders: supplementary50Content and effect of a restoration order51Contribution notice where failure to comply with a restoration order52Content and effect of an Article 51 contribution noticeArticles 34 to 52: partnerships and limited liability partnerships53Articles 34 to 52: partnerships and limited liability partnershipsApplications under the Insolvency Order54Regulator's right to apply under Article 367 of the Insolvency OrderRegister of schemes55Registrable information56The register: inspection, provision of information and reports etc.57The register: duties of trustees or managers58Duty of the Regulator to issue scheme return notices59Duty of trustees or managers to provide scheme return60Scheme returns: supplementaryRegister of prohibited trustees61Register of prohibited trustees62Accessibility of register of prohibited trusteesCollecting information relevant to the Board63Information relevant to the Board64Duty to notify the Regulator of certain eventsReporting breaches of the law65Duty to report breaches of the lawReporting late payment of employer contributions65ADuty to report late payment of employer contributionsReports by skilled persons66Reports by skilled personsGathering information67Provision of information68Inspection of premises69Inspection of premises in respect of employers' obligations70Inspection of premises: powers of inspectors71Inspection of premises: supplementary72Penalties relating to Articles 67 to 7073Warrants74Articles 67 to 73: interpretationProvision of false or misleading information75Offences of providing false or misleading informationUse of information76Use of informationDisclosure of information77Restricted information78Information supplied to the Regulator by corresponding overseas authorities79Disclosure for facilitating exercise of functions by the Regulator80Disclosure for facilitating exercise of functions by the Board81Disclosure for facilitating exercise of functions by other supervisory authorities82Other permitted disclosures83Tax information etc.Reports84Publishing reports etc.84AReports about misappropriation, etc. in public service pension schemesCodes of practice85Codes of practice85ACodes of practice: public service pension schemes86Procedure for issue and publication of codes of practice87Revocation of codes of practiceExercise of regulatory functions88The Regulator's procedure in relation to its regulatory functions89Publication of procedure in relation to regulatory functions90Application of standard and special procedure91Standard procedure92Special procedure: applicable cases93Special procedure94Compulsory review95Duty to have regard to the interests of members etc.96Powers to vary or revoke orders, notices or directions etc.References to a tribunal96A Offences97References in relation to decisions of the Regulator98Appeal on a point of law99Redetermination etc. by the Tribunal100Disclosure of informationPART IIITHE BOARD OF THE PENSION PROTECTION FUNDCHAPTER 1THE BOARDGeneral provision about functions101Board's functions and supplementary powers etc.Financial matters102Grants103Administration levy103AAdministration levy: interest for late paymentCHAPTER 2INFORMATION RELATING TO EMPLOYER'S INSOLVENCY ETC.Insolvency events104Duty to notify insolvency events in respect of employers105Insolvency event, insolvency date and insolvency practitionerStatus of scheme106Insolvency practitioner's duty to issue notices confirming status of scheme107Approval of notices issued under Article 106Board's duties108Board's duty where there is a failure to comply with Article 106109Binding notices confirming status of schemeCHAPTER 3PENSION PROTECTIONEligible schemes110Eligible schemesCircumstances in which Board assumes responsibility for eligible schemes111Duty to assume responsibility for schemes following insolvency event112Duty to assume responsibility for schemes following application or notification113Applications and notifications for the purposes of Article 112114Board's duty where application or notification received under Article 113115Protected liabilitiesRestrictions on schemes during the assessment period116Assessment periods117Admission of new members, payment of contributions etc.118Directions119Restrictions on winding up, discharge of liabilities etc.120Power to validate contraventions of Article 119121Board to act as creditor of the employer122Payment of scheme benefits123Loans to pay scheme benefitsIll health pensions124Reviewable ill health pensions125Effect of a review126Articles 124 and 125: interpretationValuation of assets and liabilities127Board's obligation to obtain valuation of assets and protected liabilities127ADeterminations under Article 127128Approval of valuation129Binding valuationsRefusal to assume responsibility130Schemes which become eligible schemes131New schemes created to replace existing schemes132Withdrawal following issue of Article 106(4) noticeCessation of involvement with a scheme133Circumstances in which Board ceases to be involved with an eligible scheme134Consequences of the Board ceasing to be involved with a schemeReconsideration135Application for reconsideration136Duty to assume responsibility following reconsiderationClosed schemes137Closed schemesWinding up138Requirement to wind up schemes with sufficient assets to meet protected liabilitiesProvisions applying to closed schemes139Treatment of closed schemes140Valuations of closed schemesReconsideration of closed schemes141Applications and notifications where closed schemes have insufficient assets142Duty to assume responsibility for closed schemes143Closed schemes: further assessment periodsAssumption of responsibility for a scheme144Transfer notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145Effect of Board assuming responsibility for a scheme146The pension compensation provisions147Adjustments to be made where the Board assumes responsibility for a scheme148Postponement of compensation entitlement for the assessment period149Guaranteed minimum pensions150Duty to pay scheme benefits unpaid at assessment date etc.151Modification of Chapter where liabilities discharged during assessment period152Administration of compensationCharges in respect of pension sharing etc.152ACharges in respect of pension sharing etc.Discharge of Board's liabilities153Discharge of liabilities in respect of compensation154Discharge of liabilities in respect of money purchase benefitsEqual treatment155Equal treatmentRelationship with fraud compensation regime156Relationship with fraud compensation regimeThe levies157Initial levy158Pension protection levies159Supplementary provisions about pension protection levies160Amounts to be raised by the pension protection levies161The levy ceiling162Valuations to determine scheme underfunding163Pension protection levies during the transitional period164Calculation, collection and recovery of levies164APension protection levy: interest for late paymentCHAPTER 4FRAUD COMPENSATIONEntitlement to fraud compensation165Cases where fraud compensation payments can be made166Board's duties in respect of certain applications under Article 165167Recovery of value168Fraud compensation payments169Interim payments170Board's powers to make fraud compensation transfer paymentsThe levy171Fraud compensation levy171AFraud compensation levy: interest for late paymentCHAPTER 5GATHERING INFORMATION172Information to be provided to the Board etc.173Notices requiring provision of information174Entry of premises175Penalties relating to Articles 173 and 174176WarrantsProvision of false or misleading information177Offence of providing false or misleading information to the BoardUse of information178Use of informationDisclosure of information179Restricted information180Disclosure for facilitating exercise of functions by the Board181Disclosure for facilitating exercise of functions by the Regulator182Disclosure for facilitating exercise of functions by other supervisory authorities183Other permitted disclosures184Tax informationProvision of information to members of schemes etc.185Provision of information to members of schemes etc.Interpretation186Articles 172 to 185: interpretationReports187Publishing reports etc.CHAPTER 6REVIEWS, APPEALS AND MALADMINISTRATIONReview etc. by the Board188Meaning of “reviewable matters”189Review and reconsideration by the Board of reviewable matters190Investigation by the Board of complaints of maladministrationThe PPF Ombudsman191The PPF OmbudsmanReferences to the PPF Ombudsman192Reference of reviewable matter to the PPF Ombudsman193Investigation by PPF Ombudsman of complaints of maladministration194Referral of questions of law195Publishing reports etc.196Determinations of the PPF Ombudsman197Obstruction etc. of the PPF OmbudsmanCHAPTER 7MISCELLANEOUSBackdating the winding up of eligible schemes198Backdating the winding up of eligible schemesPension sharing199Pension sharingPART IVSCHEME FUNDINGIntroductory200Pension schemes to which this Part appliesScheme funding201The statutory funding objective202Statement of funding principles203Actuarial valuations and reports204Certification of technical provisions205Recovery plan206Schedule of contributions207Failure to make payments208Matters requiring agreement of the employer209Matters on which advice of actuary must be obtained210Powers of the Regulator210ARequirements for winding up procedureSupplementary provisions211Power to modify provisions of this Part212Construction as one with the 1995 OrderPART VFINANCIAL PLANNING FOR RETIREMENTRetirement planning213Supply of housing benefit information214Combined pension forecastsEmployee information and advice215Information and advice to employeesPART VIOCCUPATIONAL AND PERSONAL PENSION SCHEMES: MISCELLANEOUS PROVISIONSCategories of pension scheme216Categories of pension scheme217Meaning of employer in Part II of the 1995 OrderRequirements for member-nominated trustees and directors218Requirement for member-nominated trustees219Requirement for member-nominated directors of corporate trustees220Member-nominated trustees and directors: supplementaryObligations of trustees of occupational pension schemes221Investment principles222Power to make regulations governing investment by trustees223Borrowing by trustees224Requirement for knowledge and understanding: individual trustees225Requirement for knowledge and understanding: corporate trustees225ARequirement for knowledge and understanding: pension boards of public service pension schemes226Requirement for knowledge and understanding: supplementary226ARequirement for internal controls226BRequirement for internal controls: public service pension schemesPayment of surplus to employer227Payment of surplus to employer228Payment of surplus to employer: transitional power to amend schemeRestrictions on payment into occupational pension schemes229UK-based scheme to be trust with effective rules230Non-European scheme to be trust with UK-resident trustee231Representative of non-European scheme to be treated as trusteeActivities of occupational pension schemes232Activities of occupational pension schemesNo indemnification for fines or civil penalties233No indemnification for fines or civil penaltiesPension protection on transfer of employment234Conditions for pension protection235Form of protectionConsultation by employers236Consultation by employers: occupational pension schemes237Consultation by employers: personal pension schemes238Further provisions about regulations relating to consultationModification of pension rights239Modification of subsisting rightsShort service benefit240Increase in age at which short service benefit must be payableEarly leavers241Early leavers: cash transfer sums and contribution refundsSafeguarding pension rights242Paternity leave and adoption leave243Inalienability of occupational pensionVoluntary contributions244Voluntary contributionsPayments by employers245Payments made by employers to personal pension schemes246Payments made by employers and members to occupational pension schemesWinding up247Winding upDeficiency in assets of certain occupational pension schemes248Debt due from the employer when assets insufficient249Debt due from the employer in the case of multi-employer schemesPension disputes250Resolution of disputesThe Pensions Ombudsman251Deputy Pensions Ombudsman252Jurisdiction253InvestigationsPension compensation254Amendments relating to the Pensions Compensation BoardAnnual increases in rate of pensions255Annual increase in rate of certain occupational pensions256Annual increase in rate of certain personal pensions257Power to increase pensions giving effect to pension credits etc.Revaluation258Exemption from statutory revaluation requirementContracting out259Meaning of “working life” in Pension Schemes Act260Power to prescribe conditions by reference to Inland Revenue approval261Restrictions on commutation and age at which benefits may be receivedStakeholder pensions262Meaning of “stakeholder pension scheme”PART VIICROSS-BORDER ACTIVITIES WITHIN EUROPEAN UNIONUK occupational pension scheme receiving contributions from European employer263Occupational pension scheme receiving contributions from European employer264General authorisation to accept contributions from European employers265Approval in relation to particular European employer266Notification of legal requirements of host EEA state outside United Kingdom267Duty of trustees or managers to act consistently with law of host EEA state268Power of Regulator to require ring-fencing of assets268A Exemption from enrolment duty under Part 1 of Pensions ( No. 2) Act (Northern Ireland) 2008 European occupational pension scheme receiving contributions from UK employer269Functions of Regulator in relation to institutions administered in other EEA statesAssistance for other European regulators270Stopping disposal of assets of institutions administered in other EEA statesInterpretation271Interpretation of PartPART VIIISTATE PENSIONSEntitlement to more than one pension272Persons entitled to more than one Category B retirement pensionDeferral of state pension273Deferral of retirement pensions and shared additional pensionsMiscellaneous274Disclosure of state pension informationPART IXMISCELLANEOUS AND SUPPLEMENTARYDissolution of existing bodies – information275Information obtained by the Regulator276Information obtained by the BoardElectronic working277Notification and documents in electronic form278Timing and location of things done electronicallyGeneral279Overriding requirements280Modification of this Order in relation to certain categories of schemes281Modification of pensions legislation that refers to employers282Admissibility of statements283Protected items284Liens285Crown applicationRegulations and orders286Breach of regulations287Orders and regulations (general provisions)288Assembly etc. control of orders and regulations289Consultations about regulationsMiscellaneous and supplementary290Minor and consequential amendmentsArticle 291— Repeals 292Transitional adaptations etc.: section 322(1) of the Pensions Act 2004293Power to make further provision in connection with civil partnership294Pre-consolidation amendmentsSCHEDULESSCHEDULE 1THE PENSIONS REGULATORPART 1DELEGATION1(1) Subject to sub-paragraph (2), the Regulator may authorise— (a) any executive member of the...2(1) The Department may make regulations— (a) limiting the extent to which any of the...PART 2FUNDING AND ACCOUNTS3(1) Section 170 of the Pension Schemes Act (levies towards certain expenditure) is amended as...SCHEDULE 2THE RESERVED REGULATORY FUNCTIONSPART 1FUNCTIONS UNDER THE PENSION SCHEMES ACT1The power by direction under section 95(4) to grant an extension of the period within...2The power by direction under section 97J(2) to extend the period for compliance with a...3The power under regulations made by virtue of section 164(4) to require a person to...3AA power under section 20H (compliance with conditions of conversion of guaranteed minimum pension).PART 2FUNCTIONS UNDER THE 1995 ORDER4The power to make an order under Article 3(1) prohibiting a person from being a...5The power to make an order under Article 3(3) revoking such an order.5AThe power under Article 3A(3) to give a notice waiving a prohibition.6The power to make an order under Article 4(1) suspending a trustee.7The power to make an order under Article 4(2) extending the period for which an...8The power to make an order under Article 4(5) revoking an order under Article 4(1)...9The power to make an order appointing a trustee under any of the following provisions...10The power under Article 9 to exercise by order the same jurisdiction and powers as...11The power to require a person to pay a penalty under Article 10 (including under...12The power to make an order under Article 11 directing or authorising an occupational pension...13The power to give directions to trustees under Article 15.13AThe duty under Article 23(4), and regulations made thereunder, to compile and maintain a register...14The power under Article 29(5) to give a notice waiving a disqualification under Article 29...15The power under Article 30(2) to exercise by order the same jurisdiction and powers as...15AThe power under Article 58(7) to extend or further extend the period referred to in...15BThe power under Article 60(7) to extend or further extend the period applicable under Article...16The power to make an order under Article 67G(2) by virtue of which any modification...17The power to make an order under Article 67H(2) prohibiting, or specifying steps to be...18The power to make an order under Article 69 authorising the modification of an occupational...19The power to make an order under Article 71A modifying an occupational pension scheme with...PART 3FUNCTIONS UNDER THE 1999 ORDER20The power by direction under Article 4(3)(b) to remove a scheme from the register of...PART 4FUNCTIONS UNDER THIS ORDER21The power to make or extend a restraining order under Article 16.22The power to make an order under Article 16(10) permitting payments out of an account...23The power to make a repatriation order under Article 17.24The power to make a freezing order under Article 19.25The power to make an order under Article 21(3) extending the period for which a...26The power to make an order under Article 22 validating action taken in contravention of...27The power to make an order under Article 24 directing that specified steps are taken.28The power to make an order under Article 26 giving a direction where a freezing...29The power to make an order under Article 27(3) directing the notification of members.30The power to issue a contribution notice under Article 34.30AThe power to issue a direction under Article 35A(6) to any person.31The power to issue a direction under Article 37(4) to the trustees or managers of...32The power to issue a revised contribution notice under Article 37(9).33The power to issue a financial support direction under Article 39.33AThe power to issue a direction under Article 39A(3) to any person.34The power to issue a contribution notice under Article 43.35The power to issue a direction under Article 46(4) to the trustees or managers of...36The power to issue a revised contribution notice under Article 46(9).37The power to make a restoration order under Article 48.38The power to issue a contribution notice under Article 51.39The power to issue a notice under Article 66 requiring a report to be provided...40The power to make a direction under Article 71(8) extending the retention period for documents...41The power to make a direction under Article 73(10) extending the retention period for documents...42The power to make an order under Article 210 modifying a scheme, giving directions or...43The power to issue a ring-fencing notice under Article 268.44The power to vary or revoke under Article 96— (a) a determination made by the...PART 5OTHER FUNCTIONS45The power to make an order under regulation 19 of the Occupational and Personal Pension...SCHEDULE 3RESTRICTED INFORMATION HELD BY THE REGULATOR: CERTAIN PERMITTED DISCLOSURES TO FACILITATE EXERCISE OF FUNCTIONSSCHEDULE 4THE BOARD OF THE PENSION PROTECTION FUND1(1) Subject to sub-paragraph (2), the Board may authorise— (a) any executive member of the...2(1) The Board may make arrangements for any of its functions mentioned in sub-paragraph (2)...3(1) Where the Board makes arrangements under paragraph 2(1) for any of its functions to...SCHEDULE 5TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES TO THE BOARD1This Schedule applies where the property, rights and liabilities of an occupational pension scheme are...2(1) Subject to sub-paragraph (2), the property, rights and liabilities so transferred include— (a) property,...3(1 ) Without prejudice to the generality of Article 145 and subject to sub-paragraph (2),...4The transfer is binding on all persons, even if, apart from this paragraph, it would...5No person shall have any power, in consequence of the transfer, to terminate or modify...6Any reference in any agreement, document or instrument of any description to the trustees or...7(1) The Board must take all such steps as may be required to secure that...SCHEDULE 6PENSION COMPENSATION PROVISIONSIntroductory1This Schedule applies for the purposes of determining the compensation payable where the Board assumes...2In this Schedule references to “the assessment date” are to the date on which the...Pensions in payment at assessment date3(1) Compensation is payable in accordance with this paragraph where, immediately before the assessment date,...4(1) This paragraph applies where— (a) the pensioner dies on or after the assessment date,...Pension benefits postponed at assessment date5(1) Compensation is payable in accordance with this paragraph where immediately before the assessment date—...6(1) This paragraph applies where the postponed pensioner— (a) dies on or after the assessment...7(1) Compensation is payable in accordance with this paragraph where immediately before the assessment date—...Active members over normal pension age at assessment date8(1) Compensation is payable in accordance with this paragraph where a person who, under the...9(1) This paragraph applies where the active member dies on or after the assessment date....10(1) Compensation is payable in accordance with this paragraph where an active member of the...Active members who have not attained normal pension age at assessment date11(1) Compensation is payable in accordance with this paragraph where a person who, under the...12(1) This paragraph applies for the purposes of paragraph 11(4)(b). (2) The revaluation period is...13(1) This paragraph applies where the active member dies on or after the assessment date....14(1) Compensation is payable in accordance with this paragraph where immediately before the assessment date,...Deferred members who have not attained normal pension age at assessment date15(1) Compensation is payable in accordance with this paragraph where, under the admissible rules of...16(1) This paragraph applies for the purposes of paragraph 15(4)(b). (2) The first revaluation period...17(1) This paragraph applies for the purposes of paragraph 15(4)(c). (2) The second revaluation period...18(1) This paragraph applies where— (a) the deferred member dies on or after the assessment...19(1) Compensation is payable in accordance with this paragraph where, under the admissible rules of...Compensation in respect of scheme right to transfer payment or contribution refund20(1) Compensation is payable in accordance with this paragraph where— (a ) a person's pensionable...Pension credit members who have not attained normal benefit age at assessment date21(1) This paragraph applies to a person who— (a) is a pension credit member of...21A(1) This paragraph applies to a person who— (a) is a pension credit member of...Survivors who do not meet conditions for scheme benefits at assessment date22(1) Compensation is payable in accordance with this paragraph where— (a) a member of the...Compensation in form of dependants' benefits23(1) Regulations may provide for compensation to be payable, in such circumstances as may be...Effect of discharge of liability during or immediately before assessment period23A(1) This paragraph applies if— (a) at any time during the assessment period in relation...Commutation of periodic compensation24(1) In prescribed circumstances, a person entitled to periodic compensation under paragraph 5, 8, 11...Early payment of compensation25(1) Regulations may prescribe circumstances in which, and conditions subject to which, a person may...Postponement of compensation25A(1) Regulations may prescribe circumstances in which, and conditions subject to which— (a) a person...Terminal illness lump sum: eligibility25B(1) This paragraph applies to a person in relation to whom all of the following...Terminal illness lump sum: application25CAn application for a terminal illness lump sum— (a) must be made in writing, either...Terminal illness lump sum: determination of application25D(1) The Board must determine an application for a terminal illness lump sum in accordance...Terminal illness lump sum: effect of successful application25E(1) If the Board grants an application for a terminal illness lump sum, the applicant—...Terminal illness lump sum: information25F(1) Relevant information held by the Department or the Secretary of State about an individual...Compensation cap26(1) Where— (a) a person becomes entitled to relevant compensation in respect of a benefit...Increasing the compensation cap in line with earnings27Where, pursuant to paragraph 27 of Schedule 7 to the Pensions Act 2004, the Secretary...Annual increase in periodic compensation28(1) This paragraph provides for the increases mentioned in sub-paragraph (3)(b) of paragraphs 3, 5,...Board's powers to alter rates of revaluation and indexation29(1) The Board may determine what is to be the higher maximum revaluation rate or...Department's powers to vary percentage paid as compensation30(1) The Department may, on the recommendation of the Board, by order provide that any...Special provision in relation to certain pensions in payment before the assessment date31(1) The powers conferred by this paragraph are exercisable in relation to cases where— (a)...Short periods of service which terminate on commencement of assessment period32(1) This paragraph applies to a member of the scheme if— (a ) his pensionable...Power to modify Schedule in its application to certain schemes33Where the scheme is a prescribed scheme or a scheme of a prescribed description, this...Normal pension age34(1) In this Schedule “normal pension age”, in relation to the scheme and any pension...Scheme rules, admissible rules etc.35(1) In this Schedule, in relation to the scheme, each of the following expressions has...Accrual rate, pensionable service and pensionable earnings36(1) In this Schedule, in relation to a member's entitlement to benefits under the scheme,...Other definitions37(1 ) In this Schedule— “deferred member”, in relation to the scheme, means a person...SCHEDULE 7RESTRICTED INFORMATION HELD BY THE BOARD: CERTAIN PERMITTED DISCLOSURES TO FACILITATE EXERCISE OF FUNCTIONSSCHEDULE 8REVIEWABLE MATTERS1The issue of a determination notice under Article 107 approving a notice issued under Article...2The failure to issue a determination notice under Article 107.3The issue of, or failure to issue, a notice under Article 106 by the Board...3AThe issue of, or failure to issue, a validation notice under regulation 2(5) of the...3BThe provision of information by the Board under— (a) regulation 3(2) of the Pension Protection...4The issue of, or failure to issue— (a) a scheme failure notice under paragraph (2)...5Any direction given under paragraph (2) of Article 118 (directions during an assessment period) or...6The issue of a notice under Article 120(2) (power to validate contraventions of Article 119).7The making of a loan under Article 123(2) (loans to pay scheme benefits), the amount...7AAny determination by the Board under Article 125(2) (determination on a review of an ill...7BA notice under Article 127(2A) (whether Board will make a determination or obtain an actuarial...7CThe failure by the Board either to— (a) make a determination under Article 127(2)(a), or...7DA determination by the Board under Article 127(2)(a) (whether condition in Article 111(2)(a) or Article...9The approval of, or failure to approve, a valuation in respect of an eligible scheme...10The issue of, or failure to issue, a withdrawal notice under or by virtue of—...11The issue of, or failure to issue, a withdrawal notice under Article 132 (no insolvency...12The issue of, or failure to issue, a determination notice under Article 136(3) (whether value...13The issue of, or failure to issue, a determination notice under Article 137(6) (authorisation to...14Any direction given under Article 138(7) (directions about winding up of scheme with sufficient assets...14AA notice under Article 142(3A) (whether Board will make a determination or obtain an actuarial...14BThe failure by the Board either to— (a) make a determination under Article 142(3)(a), or...14CA determination by the Board under Article 142(3)(a) (whether condition in Article 142(1) satisfied).15The failure by the Board to give a transfer notice under Article 144.16Any determination by the Board of a person's entitlement to compensation under the pension compensation...16AAny step taken by the Board under Article 147(4)(a) (adjustments to be made where Board...16BAny determination by the Board, or the failure to make a determination, under regulation 6(2)...16CAny determination by the Board of a person’s entitlement to compensation under Chapter 1 of...16DA determination by the Board that any right of a person to PPF compensation is...16EA determination by the Board that the implementation period for a pension compensation credit (within...16FThe recovery of a charge from a person under regulation 16 of the Pension Protection...16GAny determination by the Board, or the failure to make a determination, under regulation 53(1)...16HAny determination by the Board, or the failure to make a determination, under regulation 54(2)...16IAny direction given by the Board, or the failure to give a direction, under regulation...17Any failure by the Board to make a payment required by Article 147(4)(b) (adjustments to...17AThe making of a payment under Article 150(2) (amount of any pensions or other benefits...17BAny determination made by the Board under regulation 16(2) or (5)(b) of the Pension Protection...18Any determination by the Board under Article 164(3)(a) (the eligible schemes in respect of which...19The amount of the initial levy or any pension protection levy payable in respect of...19AAny determination by the Board of an application for the grant of a waiver under...19BAny determination by the Board under regulation 19A(7) or (8) of the Pension Protection Fund...20The making of a fraud compensation payment under Article 165(1), the amount of any such...21The issue of, or failure to issue, a notice under Article 166(2) (scheme rescue not...22Any settlement date determined by the Board under Article 167(2) (recovery of value) or the...23Any determination by the Board under Article 167(4) (recovery of value: whether amount received in...24The making of a payment under Article 169(1) (interim payments), the amount of any such...25Any term or condition imposed by the Board— (a) under Article 168(2) on the making...26Any determination by the Board under Article 169(3)(b) (interim payments) that the amount of a...27Any date determined by the Board under Article 170(4) (earliest date for making a fraud...28Any determination by the Board under Article 170(6) (fraud compensation transfer payments: whether payment is...29Any determination by the Board under Article 171(7)(a) (occupational pension schemes in respect of which...30The amount of any fraud compensation levy payable in respect of an occupational pension scheme...Schedule 9— AmendmentsSchedule 10 —AmendmentsSchedule 11—RepealsStatutory Instruments2005 No. 255 (N.I. 1)The Pensions (Northern Ireland) Order 20059th February 2005