SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975

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SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 58



58.(1) If the Occupational Pensions Board determine under Article 57 that the
rules of a scheme do not conform with the equal access requirements they
shall, either at the time of issuing their determination or as soon thereafter
as they think expedient

(a)by order direct the trustees or managers of the scheme, or any such persons
as are referred to in paragraph (2)(b) of that Article, to exercise such
powers as they possess for modifying the scheme with a view to bringing it
into conformity with those requirements (for which purpose the Board shall
include in their order such directions as they think appropriate to indicate
the modification appearing to them to be called for); or

(b)if there is no person with power to modify the scheme as required by the
Board, by order authorise the trustees or managers, or other persons named in
the order (who may in particular include such an employer as is specified in
paragraph (2)(c) of that Article) to make that modification; or

(c)themselves by order modify the scheme with a view to achieving the purposes
above-mentioned.

(2) The Board may exercise their powers under paragraph (1) from time to time
in relation to any scheme in respect of which they have issued a determination
under Article 57, and may exercise the powers together or separately.

(3) Any modification of a scheme made in pursuance of an order of the Board
under paragraph (1)(b) or (c) shall be as effective in law as if it had been
made under powers conferred by or under the scheme; and such an order may be
made and complied with in relation to a scheme

(a)notwithstanding any enactment or rule of law, or any rule of the scheme,
which would otherwise operate to prevent the modification being made;

(b)without regard to any such enactment, rule of law or rule of the scheme as
would otherwise require, or might otherwise be taken to require, the
implementation of any procedure, or the obtaining of any consent, with a view
to the making of the modification.

(4) An order of the Board under paragraph (1)(a) may require persons to
exercise a power retrospectively (whether or not the power could otherwise be
so exercised), and an order under paragraph (1)(b) or (c) may operate
retrospectively; and in this paragraph "retrospectively" means with effect
from a date before that on which the power is exercised or, as the case may
be, the order is made, not being in either case a date earlier than the coming
into operation of this Article.

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Northern Irish Legislation

SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 58