The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) (No. 2) Regulations 2012

JurisdictionUK Non-devolved
CitationSI 2012/1477
Year2012

2012 No. 1477

Pensions

The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) (No. 2) Regulations 2012

Made 8th June 2012

Laid before Parliament 11th June 2012

Coming into force 2nd July 2012

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 292A(a), 315(2) and 318(1) of the Pensions Act 20041.

In accordance with section 317(1) of that Act, the Secretary of State has consulted with such persons as the Secretary of State considers appropriate.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) (No. 2) Regulations 2012 and come into force on 2nd July 2012.

S-2 Amendment of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010

Amendment of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010

2. After regulation 5 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 20102(pay reference periods for the purposes of section 20(1)(b) and (c) and section 26(4)(b) and (5)(b) of the Act) insert—

PART 1A

Exemption

S-5A

Exemption of European employers

5A. Sections 2(1), 3(2), 5(2), 7(3), 9(2) and 54 of the Act (employer’s obligations regarding membership of a qualifying scheme) do not apply in relation to a person’s employment of an individual in relation to whom the person is a European employer3.”.

Steve Webb

Minister of State,

Department for Work and Pensions

8th June 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under section 292A(a) of the Pensions Act 2004 (c. 35)and amend the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 ( S.I. 2010/772).

Regulation 2 amends those Regulations by inserting a new Part 1A that makes provision exempting employers from the employers’ obligations under sections 2(1), 3(2), 5(2), 7(3), 9(2) and 54 of the Pensions Act 2008 (c. 30)in relation to individuals in relation to whom the employer is a European employer. “European employer” is defined in regulation 3 of the Occupational Pension Schemes (Cross-border Activities) Regulations 2005 ( S.I. 2005/3381).

These regulations reduce costs on the private sector and civil society organisations An assessment of the impact of this legislation on the private...

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