PENSIONS Citation and commencement 1 These Regulations may be cited as the Pension Protection Fund and Pensions Regulator (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 6th April 2005. Amendment of the Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations 2 1 The Pension Protection Fund (Multi-employer Schemes) (Modification) Regulations (Northern Ireland) 2005 shall be amended in accordance with paragraphs (2) to (7). 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In regulations 10(2)(a) (reconsideration and duty to assume responsibility for a scheme following reconsideration), 25(2)(a) (reconsideration, closed schemes and requirement to wind up schemes with sufficient assets to meet protected liabilities), 40(2)(b) (reconsideration) and 56(2)(b) (reconsideration) in the substituted paragraph (2)(b) for “paragraph (2) of Article 135” there shall be substituted “paragraph (2) or (3) of Article 135”. 4 In regulations 29(2)(d)(ii) (notification of insolvency events, confirmation of scheme status etc. ), 32(d)(ii) (Board’s duty where application or notification received under Article 113), 46(2)(d)(ii) (notification of insolvency events, confirmation of scheme status etc.) and 49(d)(ii) (Board’s duty where application or notification received under Article 113) before “part” there shall be inserted “segregated”. 5 In regulation 41 (closed schemes and requirements to wind up schemes with sufficient assets) for the heading there shall be substituted “Closed schemes, requirement to wind up schemes with sufficient assets and applications and notifications where closed schemes have insufficient assets”. 6 In regulation 57 (closed schemes and requirement to wind up schemes with sufficient assets) for the heading there shall be substituted “Closed schemes, requirement to wind up schemes with sufficient assets and applications and notifications where closed schemes have insufficient assets”. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Pension Protection Fund (Entry Rules) Regulations 3 1 The Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005 shall be amended in accordance with paragraphs (2) to (7). 2 In regulation 2 (schemes which are not eligible schemes) – a paragraph (1)(e) shall be omitted; and b in paragraph (1)(f), for “but which is not” there shall be substituted “but which is neither a tax approved scheme nor”. 3 In regulation 9(1) (confirmation of scheme status by insolvency practitioner) for “the scheme” where it first appears, there shall be substituted “an occupational pension scheme”. 4 In regulation 13(1) (confirmation of scheme status – binding notices) – a for “a scheme” there shall be substituted “an occupational pension scheme”; and b for “practitioners” there shall be substituted “practitioner's”. 5 In regulation 16 (restrictions on winding up, discharge of liabilities etc.) – a in paragraph (1)(a) and (b), for “trustees or managers of the scheme”, in each place where it occurs, there shall be substituted “trustees or managers of an eligible scheme”; and b in paragraph (2), for “a scheme”, in each place where it occurs, there shall be substituted “an eligible scheme”. 6 In regulation 18 (loans to pay scheme benefits) – a in paragraph (3), in paragraph (a) of the definition of “reference banks”, for “deposits;” there shall be substituted “deposits, and”; and b in paragraph (4), for “Paragraph (3)(b)” there shall be substituted “In paragraph (3), paragraph (b) of the definition of “reference banks””. 7 In regulation 24(1)(b)(ii) (applications for reconsideration) for “on any day” there shall be substituted “with any day”. Amendment of the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 4 1 The Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations (Northern Ireland) 2005 shall be amended in accordance with paragraphs (2) to (4). 2 For regulation 19 there shall be substituted the following regulation – Notice of decision to reconsider other than on an application 19 1 Where the Board decides that the Reconsideration Committee should reconsider a reviewable matter and give a reconsideration decision under regulation 18(1) it must notify the Reconsideration Committee. 2 Where the Reconsideration Committee decides to reconsider a reviewable matter otherwise than on an application it must notify the Board and any interested person. 3 For the purposes of paragraph (2) an interested person means a person who, in the opinion of the Board, may be materially affected by the reconsideration decision or, as the case may be, a representative of that person appointed under regulation 27. . 3 In regulations 20(1)(b) (provision of written representation) and 25(3) (notice of a reconsideration decision) for “regulation 19(1)” there shall be substituted “regulation 19(2)”. 4 In regulation 22(3)(a) (time for giving a reconsideration decision) – a for “the Board” there shall be substituted “the Reconsideration Committee”; b for “regulation 19(1)” there shall be substituted “regulation 19(2)”; and c for “review decision” there shall be substituted “reconsideration decision”. Amendment of the Pensions Regulator (Contribution Notices and Restoration Orders) Regulations 5 1 The Pensions Regulator (Contribution Notices and Restoration Orders) Regulations (Northern Ireland) 2005 shall be amended in accordance with paragraph (2). 2 In regulation 2 – a paragraph (a) shall be omitted; and b in paragraph (f) for the words from “which is not” to the end, there shall be substituted – which – has never been a tax approved scheme or registered for tax purposes, and is not a relevant statutory scheme within the meaning of section 611A of the 1988 Act (definition of relevant statutory scheme); . Sealed with the Official Seal of the Department for Social Development on 5th April 2005. John O'Neill A senior officer of the Department for Social Development