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28th June 2012
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 144(4) and 149(1) of the Pensions Act 2008(1).
1. (1) This Order may be cited as the Pensions Act 2008 (Commencement No. 13) Order 2012.
(2) In this Order, “the Act” means the Pensions Act 2008.
2. (1) The provisions of the Act specified in paragraph (2) come into force on 30th June 2012.
(2) The provisions are—
(a)those listed in Schedule 1 to this Order, in so far as they are not already in force, and
(b)those listed in Schedule 2 to this Order.
Signed by authority of the Secretary of State for Work and Pensions.
Minister of State
Department for Work and Pensions
28th June 2012
Provisions of the Act
|Section 2(2)||Continuity of scheme membership|
|Section 3(3)||Automatic enrolment|
|Section 5(4)||Automatic re-enrolment|
|Section 6(5)||Timing of automatic re-enrolment|
|Section 7(6)||Jobholder’s right to opt in|
|Section 8||Jobholder’s right to opt out|
|Section 9||Workers without qualifying earnings|
|Section 10||Information to be given to workers|
|Section 13||Qualifying earnings|
|Section 15||Pay reference period|
|Section 16(7)||Qualifying schemes|
|Section 17||Automatic enrolment schemes|
|Section 18||Occupational pension schemes|
|Section 20(8)||Quality requirement: UK money purchase schemes|
|Quality requirement: UK defined benefits schemes|
|Section 22(9)||Test scheme standard|
|Section 24||Quality requirement: UK hybrid schemes|
|Section 26||Quality requirement: UK personal pension schemes|
|Section 29||Transitional periods for money purchase and personal pension schemes|
|Section 30(10)||Transitional period for defined benefits and hybrid schemes|
|Section 32(11)||Power of trustees or managers to modify by resolution|
|Section 33||Deduction of contributions|
|Section 37||Unpaid contributions notices|
|Section 38||Calculation and payment of contributions|
|Section 40(12) (except paragraph (d) of subsection (1) which is commenced only for the purposes of the exercise of the Regulator’s functions under or by virtue of Part 1 of the Act)||Fixed penalty notices|
|Section 41(13) (except paragraph (d) of subsection (1) which is commenced only for the purposes of the exercise of the Regulator’s functions under or by virtue of Part 1 of the Act)||Escalating penalty notices|
|Section 43||Review of notices|
|Section 49||Monitoring of employers’ payments to personal pension schemes|
|Section 52||Penalty notices|
|Section 58||Restrictions on agreements to limit operation of this Part|
|Section 96||Persons working on vessels|
|Section 97||Persons in offshore employment|
|Provisions of the Act||Subject matter|
|Section 19||Personal pension schemes|
|Section 31||Effect of freezing order or assessment period|
|Section 34||Effect of failure to comply|
|Section 35||Compliance notices|
|Section 36||Third party compliance notices|
|Section 39||Meaning of “relevant contributions”|
|Section 42||Penalty notices: recovery|
|Section 44(15)||References to First-tier Tribunal or Upper Tier Tribunal|
|Section 45||Offences of failing to comply|
|Section 46||Offences by bodies corporate|
|Section 47||Offences by partnerships and unincorporated associations|
|Section 48||Offences of providing false or misleading information|
|Section 50||Prohibited recruitment conduct|
|Section 51||Compliance notices|
|Section 53(16)||Review of notices and references to First-tier Tribunal or Upper Tribunal|
|Section 55||The right not to suffer detriment|
|Section 56||Enforcement of the right|
|Section 57(17) (except subsection (3))||Right of employee not to be unfairly dismissed|
|Section 59||Employment Appeal Tribunal|
|Section 61||Powers to require information and to enter premises|
|Section 66||Functions of the Pensions Ombudsman|
|Section 88||“Employer”, “worker” and related expressions|
|Section 89||Agency workers|
|Section 91||Crown employment|
|Section 92||Armed forces|
|Section 93||House of Lords staff|
|Section 94||House of Commons staff|
|Section 127||Review of the initial operation of sections 38A and 38B of the Pensions Act 2004|
(This note is not part of the Order)
Article 2 of, and the Schedules to, the Order bring into force the provisions of the Act necessary to give effect to the introduction of the automatic enrolment duties set out in the Act. The provisions come into force, in so far as they are not already in force, on 30th June 2012.
The requirement in Chapter 1 of Part 1 of the Act (sections 1 – 33) to enrol certain workers (referred to in the legislation as “jobholders”) into a pension scheme which meets the minimum standards specified in the Act will apply to employers in stages, starting with the largest employers first, from 1st October 2012 onwards.
However, from 1st July 2012, the largest employers will be able to enrol their workers into a pension scheme early, in line with the duties set out in the Act, when the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 ( S.I. 2010/772) come into force.
Chapter 2 of Part 1 of the Act (sections 34 – 49) sets out the regime for ensuring compliance with the automatic enrolment duties.
Chapter 3 of Part 1 of the Act (sections 50 – 59) sets out safeguards during the recruitment process and during employment to ensure that an employee’s rights to become and remain a member of a qualifying pension scheme are protected.
Section 61 sets out requirements in relation to record keeping and compliance.
Section 66 gives the Pensions Ombudsman the additional function of investigating complaints relating to a jobholder opting out of pension scheme membership.
Chapter 8 of Part 1 of the Act (sections 88 – 98) sets out how the automatic enrolment duties apply to particular classes of worker such as the police and persons working on vessels, and defines the terms “employer”, “worker” and related expressions for the purposes of the Act.
Section 127 requires the Secretary of State to review the operation of the material detriment test in sections 38A and 38B of the Pensions Act 2004 (c. 35) and to publish the results of that review within a specified time.
(This note is not part of the Order)
The following provisions of the Act have been brought into force by commencement order made before the date of this Order.
|Provision||Date of Commencement||S.I. No.|
|Section 14||6th March 2012||2012/683|
|Section 15A||7th March 2012||2012/683|
|Section 28||7th March 2012||2012/683|
|Section 49 (partially)||3rd January 2012||2011/3033|
|Sections 62 to 64||26th January 2009||2009/82|
|Section 65||16th March 2011||2011/664|
|Section 74||1st July 2009||2009/1566|
|Section 75 (for all remaining purposes)||5th July 2010||2010/10|
|Section 76||5th July 2010||2010/10|
|Section 99||5th July 2010||2010/10|
|Section 100||6th April 2009||2009/82|
|Section 101 (partially)||6th April 2009||2009/82|
|Section 101 (for all other purposes)||6th April 2009||2009/809|
|Section 103(1) and (3) (partially)||8th April 2010||2010/1221|
|Section 104 (partially)||3rd January 2012||2011/3033|
|Section 106||6th April 2012||2011/1266|
|Sections 107 to 119||6th April 2011||2011/664|
|Section 120 (partially)||6th March 2011||2011/664|
|Section 120 (for all other purposes)||6th April 2011||2011/664|
|Section 121 (partially)||6th March 2011||2011/664|
|Section 121 (for all other purposes)||6th April 2011||2011/664|
|Section 122 (partially)||1st April 2009||2009/809|
|Section 123||6th April 2011||2011/664|
|Section 124(2) and (6) (partially)||19th December 2008||2008/3241|
|Section 124(2) and (6) (for all remaining purposes)||31st March 2010||2010/1145|
|Section 126 (for all remaining purposes)||29th June 2009||2009/1566|
|Section 128||26th January 2009||2009/82|
|Section 129 (partially)||26th February 2010||2010/467|
|Section 130||6th April 2009||2009/82|
|Section 132||26th January 2009||2009/82|
|Section 138||26th January 2009||2009/82|
|Section 139||6th April 2009||2009/82|
|Section 148 (partially)||6th April 2009||2009/82|
|Section 148 (partially)||6th April 2011||2011/664|
|Section 148 (partially)||6th April 2012||2011/1266|
|Schedule 1 (for all remaining purposes)||5th July 2010||2010/10|
|Schedule 2 Parts 1 and 3||6th April 2009||2009/82|
|Schedule 2 Part 2||6th April 2009||2009/809|
|Schedule 4 (partially)||3rd January 2012||2011/3033|
|Schedule 5 (partially)||6th April 2011||2011/664|
|Schedule 6 (partially)||6th March 2011||2011/664|
|Schedule 6 (for all other purposes)||6th April 2011||2011/664|
|Schedule 7 (partially)||6th March 2011||2011/664|
|Schedule 7 (for all other purposes)||6th April 2011||2011/664|
|Schedule 8 (partially)||1st April 2009||2009/809|
|Schedule 9 (for all remaining purposes)||29th June 2009||2009/1566|
|Schedule 10 (partially)||26th February 2010||2010/467|
|Schedule 11 Part 2||6th April 2009||2009/82|
|Schedule 11 Part 3||6th April 2012||2011/1266|
|Schedule 11 Part 4||6th April 2011||2011/664|
Section 2 was amended by section 4(1) of the Pensions Act 2011 (c. 19).
Section 3 was amended by sections 5(1) and (2) and 6(1) of the Pensions Act 2011.
Section 5 was amended by sections 4(2) to (4), 5(3) and (4) and 6(3) of the Pensions Act 2011.
Section 6 was amended by sections 4(5), 6(4) and 7 of the Pensions Act 2011.
Section 7 was amended by section 6(5) of the Pensions Act 2011.
Section 16 was amended by section 10 of the Pensions Act 2011.
Section 20(2) was omitted by S.I. 2011/1724.
Section 22 was amended by section 11(1) of the Pensions Act 2011.
Section 30 was amended by sections 6(6), 14 and 15 of the Pensions Act 2011.
Section 32 was amended by sections 12(8) and 16 of the Pensions Act 2011.
Section 40 was amended by S.I. 2010/22.
Section 41 was amended by S.I. 2010/22.
Section 54 was amended by section 4(6) of the Pensions Act 2011.
Section 44 was amended by S.I. 2010/22.
Section 53 was amended by S.I. 2010/22.
Section 57 was corrected by a correction slip (ISBN 978-0-10-543008-7).
Section 95 was amended by the Police Reform and Social Responsibility Act 2011 (c. 13).
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