5—(1) This section applies to a jobholder who—
(a)is aged at least 22, and
(b)has not reached pensionable age.
[F1(1A) This section also applies to a jobholder who—
(a)is aged at least 22,
(b)has not reached pensionable age, and
(c)is not an active member of a qualifying scheme because there has been a period beginning at any time after the jobholder's automatic enrolment date during which the requirements of section 1(1)(a) or (c) were not met (so that the person was not a jobholder for that period).
(1B) This section also applies to a jobholder who has ceased to be an active member of a qualifying scheme because of something other than an action or omission by the jobholder.]
(2) The employer must make prescribed arrangements by which the jobholder becomes an active member of an automatic enrolment scheme with effect from the automatic re-enrolment date.
(3) Subsection (2) does not apply if the jobholder was an active member of a qualifying scheme on the automatic re-enrolment date.
[F2(4) Regulations may provide for subsection (2) not to apply in relation to a jobholder who in prescribed circumstances—
(a)has ceased to be an active member of a qualifying scheme because of any action or omission by the jobholder, or by the employer at the jobholder's request, or
(b)is treated as not being an active member of a qualifying scheme because the jobholder has given notice under section 8.]
F3(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) For the purposes of arrangements under subsection (2) regulations may require information to be provided to any person by the employer or—
(a)where the arrangements relate to an occupational pension scheme, the trustees or managers of the scheme;
(b)where the arrangements relate to a personal pension scheme, the provider of the scheme.
(7) For the purposes of arrangements made under subsection (2) in relation to a personal pension scheme, regulations may deem an agreement to exist (subject to section 8) between the jobholder and the provider of the scheme for the jobholder to be an active member of the scheme on terms and conditions determined in accordance with the regulations.
(8) Automatic re-enrolment dates are datesF4... that are to be determined in accordance with regulations.
Textual Amendments
F1S. 5(1A)-(1B) inserted (2.6.2012 for specified purposes, 30.6.2012 in so far as not already in operation) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 5(2), 34(1)(3); S.R. 2012/265, art. 2(1)(a)
F2S. 5(4) substituted (2.6.2012 for specified purposes, 30.6.2012 in so far as not already in operation) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 5(3), 34(1)(3); S.R. 2012/265, art. 2(1)(a)
F3S. 5(5) omitted (2.6.2012 for specified purposes, 30.6.2012 in so far as not already in operation) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), ss. 7(3), 34(1)(3); S.R. 2012/265, art. 2(1)(a)
F4Words in s. 5(8) omitted (2.6.2012 for specified purposes, 30.6.2012 in so far as not already in operation) by virtue of Pensions Act (Northern Ireland) 2012 (c. 3), ss. 5(4), 34(1)(3); S.R. 2012/265, art. 2(1)(a)
Modifications etc. (not altering text)
C1S. 5(2): power to exclude conferred by SI 2005/255 (N.I. 1), art. 268A (as inserted (2.6.2012 for specified purposes) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 19, 34(1)(3))
Commencement Information
I1S. 5 partly in force; s. 5 in force for certain purposes at Royal Assent see s. 118(2)