Pensions Act 2008 Explanatory Notes

Section 91: Crown employmentSection 92: Armed ForcesSection 93: House of Lords staffSection 94: House of Commons staffSection 95: Police

230.These sections make provision about how Part 1 of this Act applies in relation to some specific types of worker or employer.

231.Sections 91, 93, 94 and 95 set out specific classes of people who fall to be treated as workers for the purposes of these provisions. As such, the employer duty will apply to these specific groups in the same way as it applies in relation to other employment and other workers. The only exception is for employment by or under the Crown where there is no criminal liability placed on the Crown. However, the Regulator is enabled to apply to the High Court for a declaration that there has been a failure by the Crown to comply with duties referred to in section 45(1) which, though not giving rise to criminal liability, is unlawful.

232.Section 92 sets out the specific exclusion of the armed forces from these provisions.

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