The Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000

Citation, extent, commencement and interpretation

1.—(1) These Regulations may be cited as the Occupational Pension Schemes (Republic of Ireland Schemes Exemption) Regulations 2000 and shall come into force on 31st December 2000.

(2) Regulation 11 of these Regulations, and this regulation, in so far as it applies to that regulation, extend to Northern Ireland.

(3) In these Regulations—

“the 1995 Act” means the Pensions Act 1995(1);

“Republic of Ireland scheme” means an occupational pension scheme established in the Republic of Ireland under an irrevocable trust which has, or has had, at least one member in pensionable service in Great Britain or which has at least one member who has pension credit rights(2), and which is a scheme—

(a)

that is wholly or mainly administered in the Republic of Ireland;

(b)

to which section 611(3) of the Income and Corporation Taxes Act 1988(3) (split approved schemes) applies and which has been approved by the Commissioners of the Inland Revenue under any provisions of that Act relating to the approval of occupational pension schemes for the purpose of tax or which has applied for such approval and whose application has not yet been determined; and

(c)

which has been approved under any provisions in force under the law of the Republic of Ireland relating to the approval of occupational pension schemes for the purposes of tax or which has applied for such approval and whose application has not yet been determined;

“member” in relation to a Republic of Ireland scheme, means—

(a)

a person who is in pensionable service under the scheme (which for the purposes of these regulations includes a person who is in pensionable service under a secondment); or

(b)

a person (other than one who is in pensionable service) who has accrued rights to benefit under the scheme either by virtue of pensionable service under the scheme or by virtue of a transfer credit or a pension credit; or

(c)

a person who is entitled to the present payment of pension or other benefits under the scheme; and

“the Schedule” means the Schedule to these Regulations.

(1)

1995 c. 26.

(2)

See section 124(1) of the Pensions Act 1995 as amended by paragraph 61(3) of Schedule 12 to the Welfare Reform and Pensions Act 1999 (c. 30).

(3)

1988 c. 1.