
1 

(1) These Regulations may be cited as the Occupational Pension Schemes (Member-nominated Trustees and Directors) (Amendment) Regulations (Northern Ireland) 2002 and shall come into operation on 6th October 2002.
(2) In these Regulations any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations (Northern Ireland) 1996.
2 

(1) Regulation 9(2) (proposals by the employer for alternative arrangements under Article 17) shall be amended in accordance with paragraphs (2) and (3).
(2) In sub-paragraph (a) –
(a) at the end of head (ii) the word “or” shall be omitted, and
(b) for head (iii) there shall be substituted the following heads –“
(iii) except where head (iv) applies, any time not less than 10 years after the date applicable under head (i) or, if such a notice as is mentioned in head (ii) has been given, after the date mentioned in that head, or
(iv) any time not less than 4 years after –(aa) the date Article 16 first applies to the scheme, where this occurs on or after 6th October 2002, or(bb) the date mentioned in head (ii) if such a notice as is mentioned in that head is given on or after 6th October 2002;”.
(3) For sub-paragraph (c) there shall be substituted the following sub-paragraphs –“
(c) in the case of a second or subsequent notice under paragraph (1)(a) which is given in respect of a scheme to which Article 16 applies –
(i) except where head (ii) applies, any time after the expiry of the period of 10 years beginning with –(aa) the date on which the last such notice was given to the trustees of the scheme;(bb) the date which is the last permitted notice time falling within sub-paragraph (b)(i), or(cc) in a case where the approval of alternative arrangements for the scheme has ceased to have effect by virtue of regulation 20(1)(d)(ii), the date on which it did so,whichever is the latest, or
(ii) where the latest of the following dates –(aa) the date on which the last such notice was given to the trustees of the scheme;(bb) the date which is the last permitted notice time falling within sub-paragraph (b)(i), or(cc) in a case where the approval of alternative arrangements for the scheme has ceased to have effect by virtue of regulation 20(1)(d)(ii), the date on which it did so,occurs on or after 6th October 2002, any time after the expiry of the period of 4 years beginning with that latest date;
(d) at any other time provided that the trustees of the scheme have consented to the employer giving the notice under paragraph (1)(a) at that time.”.
3 

(1) Regulation 15(2) (proposals by the employer for alternative arrangements under Article 19) shall be amended in accordance with paragraphs (2) and (3).
(2) In sub-paragraph (a) –
(a) at the end of head (ii) the word “or” shall be omitted, and
(b) for head (iii) there shall be substituted the following heads –“
(iii) except where head (iv) applies, any time not less than 10 years after the date applicable under head (i) or, if such a notice as is mentioned in head (ii) has been given, after the date mentioned in that head, or
(iv) any time not less than 4 years after –(aa) the date Article 18 first applies to the company, where this occurs on or after 6th October 2002, or(bb) the date mentioned in head (ii) if such notice as is mentioned in that head is given on or after 6th October 2002;”.
(3) For sub-paragraph (c) there shall be substituted the following sub-paragraphs –“
(c) in the case of a second or subsequent notice under paragraph (1)(a) which is given in respect of a company to which Article 18 applies –
(i) except where head (ii) applies, any time after the expiry of the period of 10 years beginning with –(aa) the date on which the last such notice was given to the company;(bb) the date which is the last permitted notice time falling within sub-paragraph (b)(i), or(cc) in a case where the approval of alternative arrangements for the scheme has ceased to have effect by virtue of regulation 20(1)(f)(ii), the date on which it did so,whichever is the latest, or
(ii) where the latest of the following dates –(aa) the date on which the last such notice was given to the company;(bb) the date which is the last permitted notice time falling within sub-paragraph (b)(i), or(cc) in a case where the approval of alternative arrangements for the scheme has ceased to have effect by virtue of regulation 20(1)(f)(ii), the date on which it did so,occurs on or after 6th October 2002, any time after the expiry of the period of 4 years beginning with that latest date;
(d) at any other time provided that the company has consented to the employer giving the notice under paragraph (1)(a) at that time.”.
4 

(1) Regulation 20(1) (cessation of approval of appropriate rules and alternative arrangements) shall be amended in accordance with paragraphs (2) and (3).
(2) For sub-paragraph (a) there shall be substituted the following sub-paragraph –“
(a) at the expiry of –
(i) except where head (ii) applies, the period of 10 years beginning with the date on which the rules or arrangements were treated as approved under paragraph 8 or, as the case may be, paragraph 9 of Schedule 1, or
(ii) where, in the case of an approval of arrangements under Article 17 or 19, the employer gives notice in accordance with regulation 9(1)(a) or 15(1)(a) on or after 6th October 2002, the period of 4 years beginning with the date on which the arrangements were treated as approved under paragraph 8 or, as the case may be, paragraph 9 of Schedule 1;”.
(3) For sub-paragraph (b) there shall be substituted the following sub-paragraph –“
(b) on the date on which fresh rules or arrangements are treated as approved under paragraph 8 or, as the case may be, paragraph 9 of Schedule 1;”.
5 
In Schedule 3 (modifications of the Pensions (Northern Ireland) Order 1995 and these Regulations) in paragraph 3(3) –
(a) in head (a)(i) for “a permitted notice” there shall be substituted “any”;
(b) for heads (b) and (c) there shall be substituted the following heads –“
(b) paragraph (2) shall be omitted;
(c) for paragraph (3) there shall be substituted the following paragraph –“
(3) In paragraph (1) the “approval period”, in relation to alternative arrangements, means, the period of 6 months beginning with the date on which notice is given under Schedule 1.”;
(d) paragraph (4) shall be omitted.”.
Sealed with the Official Seal of the Department for Social Development on 10th September 2002.
John O'Neill
Senior Officer of the
Department for Social Development
