The National Employment Savings Trust Order 2010

Duty to admit members

19.—(1) Subject to paragraph (6), the Trustee must admit as a member of the Scheme—

(a) a jobholder employed by a participating employer, where the employer wishes to comply with its duty in relation to the jobholder under–

(i) in relation to Great Britain, section 3(2), 5(2) or 7(3) of the Act; or

(ii) in relation to Northern Ireland, section 3(2), 5(2) or 7(3) of the NI Act,

by arranging for the jobholder to become a member of the Scheme;

(b) a jobholder employed by a participating employer, where the employer wishes to make arrangements for the jobholder to become a member of the Scheme for the purposes of–

(i) in relation to Great Britain, section 2(3) of the Act (in connection with the duty in section 2(1) of the Act); or

(ii) in relation to Northern Ireland, section 2(3) of the NI Act (in connection with the duty in section 2(1) of the NI Act); and

(c) a worker employed by a participating employer, where the employer wishes to comply with its duty in relation to the worker under–

(i) in relation to Great Britain, section 9(2) of the Act;

(ii) in relation to Northern Ireland, section 9(2) of the NI Act,

by arranging for the worker to become a member of the Scheme.

(2) Subject to paragraph (6), where—

(a) in relation to Great Britain, sections 2 to 9 of the Act; or

(b) in relation to Northern Ireland, sections 2 to 9 of the NI Act,

do not yet apply in relation to a participating employer, the Trustee may admit as a member of the Scheme a worker employed by the employer in the circumstances specified in paragraph (3).

(3) The specified circumstances are where—

(a) the worker is a worker who–

(i) is working or ordinarily works in the United Kingdom under the worker’s contract; and

(ii) is aged at least 16 and under 75; and

(b) the employer and the worker wish the worker to become a member of the Scheme.

(4) Subject to paragraph (6) and to the person’s agreement to member terms and conditions, the Trustee must admit as a member of the Scheme—

(a) a self-employed person who is aged at least 16 and under 75 and who is working or ordinarily works in the United Kingdom;

(b) a single person director who is aged at least 16 and under 75 and who is working or ordinarily works in the United Kingdom; or

(c) a person entitled to a pension credit as referred to in article 31(1)(a)(i).

(5) In this article—

(a) a person is self-employed if the person is in employment but is not employed by someone else;

(b) in sub-paragraph (a), “employment” includes any trade, business, profession, office or vocation;

(c) a “single person director” means a person who is–

(i) a director of a company; and

(ii) employed by the company under a contract of employment,

where the company does not employ any other persons under a contract of employment;

(d) in sub-paragraph (c), a company includes any body corporate.

(6) Where a person has already been admitted as a member of the Scheme with respect to an employment or a case as described in paragraph (4), then the Trustee must not admit the person afresh but instead must make arrangements whereby contributions may be made by, or on behalf or in respect of, the member as appropriate, in relation to the new employment or new instance in which one of the cases described in paragraph (4) applies.

(7) In paragraph (4), “member terms and conditions” means terms and conditions, provided for by rules, for admittance of persons as members of the Scheme.