On 19 May 2022, there was published on the legislation.gov.uk website The Financial Guidance and Claims Act 2018 (Commencement No.2) Order (Northern Ireland) 2022.
The Order is made in exercise of the powers conferred by section 37(2) and (3)(c) of the Financial Guidance and Claims Act 2018 (Act), relating to requirements to refer individuals to pensions guidance in certain circumstances.
The Order sets forth that:
- Section 19(7) and (8) of the Act (requirement to refer relevant beneficiaries to appropriate guidance by trustees or managers of occupational pension schemes) was commenced for the purpose only of authorising the making of regulations on 15 March 2022 and is commenced for all remaining purposes by this Order, as is section 19(6) of the Act.
- Section 109B of the Pension Schemes (Northern Ireland) Act 1993 (1993 Act) requires the Department for Communities to make regulations requiring the trustees or managers of occupational pension schemes to refer relevant beneficiaries to appropriate pensions guidance in certain circumstances.
- Section 19(8) of the Act amends section 111 of the 1993 Act to add a reference to regulations made under section 109B of the 1993 Act, in order to enable specified persons, where the trustees or managers of an occupational pension scheme make default in complying with requirements of regulations made under section 109B of the 1993 Act, to make an application to a county court for an order directing the trustees of managers to make good the default in complying with those requirements.