SCHEDULES

Regulation 4(1), (4) and (5)

SCHEDULE 1 N.I.Description of schemes

1.—(1) An occupational pension scheme falls within this paragraph if it meets the following conditions. N.I.

(2) The first condition is that the scheme—

(a) is a tax registered scheme;

(b) was formerly—

(i) approved by HMRC for the purposes of section 590 or 591 of the Income and Corporation Taxes Act 1988(1);

(ii) a statutory scheme as defined in section 611A(2) of that Act, or

(iii) approved by HMRC under Chapter 4 of Part 14(3) of that Act;

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) is a public service pension scheme(4).

(3) The second condition is that the scheme—

(a) has 2 or more members;

(b) does not provide only death benefits;

(c) is established in the United Kingdom or has at least one trustee or manager resident in the United Kingdom, and

(d) is not established by the Salvation Army Act 1963(5).

Textual Amendments

F1 Sch. 1 para. 1(2)(c) omitted (31.12.2020) by virtue of The Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/193), regs. 1, 30(2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Sch. 1 para. 1 in operation at 6.4.2014, see reg. 1(1)

2.  A personal pension scheme falls within this paragraph if it is not a pension scheme that is— N.I.

(a) either—

(i) set up or established in an annuity contract, or

(ii) a trust scheme, and

(b) to be treated as becoming a registered pension scheme under section 153(9) of the Finance Act 2004(6) (registration of pension schemes) in accordance with paragraph 1(1)(f) of Schedule 36 to that Act (deemed registration of existing schemes).

Commencement Information

I2 Sch. 1 para. 2 in operation at 6.4.2014, see reg. 1(1)

(1)

1988 c.1; sections 590 and 591 were repealed by Schedule 42 to the Finance Act 2004

(2)

Section 611A was inserted by paragraph 15 of Schedule 6 to the Finance Act 1989 (c. 26) and repealed by Schedule 42 to the Finance Act 2004

(3)

Chapter 4 of Part 14 was repealed by Schedule 42 to the Finance Act 2004

(4)

See section 1 of the Pension Schemes (Northern Ireland) Act 1993

(5)

1963 c. xxxii

(6)

2004 c. 12; section 153 was amended by paragraphs 2 and 3 of Schedule 10 to the Finance Act 2005