(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations revoke and replace Regulation 633 of 2005.
Recent case law in Ireland has suggested that a provision of domestic legislation cannot be used for the purposes of implementing EC law unless it is clear that such delegated legislation is clearly authorised by the primary legislation.
To this end, section 5 of the Pensions Act 1990 was amended by section 44 of the Social Welfare Law Reform and Pensions Act, 2006 to expressly state that regulations made under the Pensions Act may be used to implement law.
As these Regulations implement some aspects of Directive 2003/41 on the activities and supervision of occupational pensions, they are now being re made under the appropriate Pensions Act powers including the amended section 5.
There are some minor changes to the Regulations as promulgated in 2005 and these are
- insertion of sub-article 12(6) to provided that the Statement of Reaso
…