Pension Schemes (Northern Ireland) Act 1993

130 Determination of questions whether schemes conform with requirements. N.I.

(1) Subject to subsection (2), on an application made to them in respect of a scheme (other than a public service pension scheme) by persons competent to make such an application in respect of it, the Board shall issue a determination on any such question as is mentioned in section 129.

(2) No application may be made under subsection (1) as respects the requirements of Chapter III of Part IV in respect of a money purchase contracted-out scheme.

(3) The Board may at any time of their own motion issue in respect of a scheme which has come to their notice any determination which they could issue in the case of that scheme on application to them under subsection (1) as respects the preservation requirements, the equal access requirements or the voluntary contributions requirements.

(4) At any time when the Board are concerned with a scheme for the purpose of issuing a determination under this section as respects the preservation requirements or the equal access requirements, they may include a determination (whether or not applied for) as to any of the particular matters specified in Chapter I of Part IV or, as the case may be, section 114(1).

(5) If the Board think it expedient to do so, having regard—

(a) to the structure and character of a scheme in relation to which they are issuing a determination under this section; and

(b) to any anomalous or impractical consequences that may be expected to follow from its modification to achieve conformity with any particular provision of Chapter I of Part IV,

they may determine that that provision shall not apply to that scheme or shall apply to it with such modifications as may be specified in the determination.