11 Elections as to employments covered by contracting-out certificates.E+W+S
(1)Subject to the provisions of this Part, an employment otherwise satisfying the conditions for inclusion in a contracting-out certificate shall be so included if and so long as the employer so elects and not otherwise.
(2)Subject to subsections (3) and (4), an election may be so made, and an employment so included, either generally or in relation only to a particular description of earners.
(3)Except in such cases as may be prescribed, an employer shall not, in making or abstaining from making any election under this section, discriminate between different earners on any grounds other than the nature of their employment.
(4)If the [F1Secretary of State] [F2considers] that an employer is contravening subsection (3) in relation to any scheme, [F2he] may—
(a)refuse to give effect to any election made by him in relation to that scheme; or
(b)cancel any contracting-out certificate held by him in respect of it.
(5)Regulations may make provision—
(a)for regulating the manner in which an employer is to make an election with a view to the issue, variation or surrender of a contracting-out certificate;
(b)for requiring an employer to give a notice of his intentions in respect of making or abstaining from making any such election in relation to any existing or proposed scheme—
(i)to employees in any employment to which the scheme applies or to which it is proposed that it should apply;
(ii)to any independent trade union recognised to any extent for the purpose of collective bargaining in relation to those employees;
(iii)to the trustees and managers of the scheme; and
(iv)to such other persons as may be prescribed;
(c)for requiring an employer, in connection with any such notice, to furnish such information as may be prescribed and to undertake such consultations as may be prescribed with any such trade union as is mentioned in paragraph (b)(ii);
(d)for empowering the F3... [F3Secretary of State] to refuse to give effect to an election made by an employer unless F3... [F3he is] satisfied that he has complied with the requirements of the regulations;
(e)for referring to an industrial tribunal any question—
(i)whether an organisation is such a trade union as is mentioned in paragraph (b)(ii), or
(ii)whether the requirements of the regulations as to consultation have been complied with.
Textual Amendments
F1Word in s. 11 substituted (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 21; S.I. 1997/664, art. 2(3), Sch. Pt. 2
F2Words in s. 11(4) substituted (6.4.1997) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 21; S.I. 1997/664, art. 2(3), Sch. Pt. 2
F3Words in s. 11(5)(d) substituted (6.4.1996 for specified purposes, 6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), s. 180(1), Sch. 5 para. 21; S.I. 1996/778, art. 2(5)(a), Sch. Pt. 5; S.I. 1997/664, art. 2(3), Sch. Pt. 2
Modifications etc. (not altering text)
C1Pt. III applied (with modifications) (6.4.1997) by The Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations 1996 (S.I. 1996/1977), regs. 1(1), 2(4)(a)-(f)
C2Pt. III applied (with modifications) (6.4.1997) by The Contracting-out (Transfer and Transfer Payment) Regulations 1996 (S.I. 1996/1462), regs. 1(1), 12, 13, Sch. 2 (with reg. 14, Sch. 4)
C3Pt. III: power to modify conferred (1.6.1996 for specified purposes, 6.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), ss. 149(1), 180(1); S.I. 1996/778, art. 2(6); S.I. 1997/664, art. 2(3), Sch. Pt. 2
C4S. 11 extended (6.4.1997) by Occupational Pension Schemes (Contracting-out) Regulations 1996 (S.I. 1996/1172), regs. 1(1), 12(3), 13(2), 14
Commencement Information
I1Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2