Explanatory Memorandum

Pensions (No. 2) Act (Northern Ireland) 2008

2008 CHAPTER 13

15 December 2008

Commentary on Sections

PART 1 – Pension Scheme Membership for Jobholders

CHAPTER 7 – Application and interpretation
Section 75: Police

These sections clarify how the provisions in Part 1 of the Act impact on some specific types of worker or employer.

Sections 73 and 75 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 Pensions 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 in section 45(1) which, although not giving rise to criminal liability, is unlawful.

Section 74 sets out the specific exclusion of the armed forces from these provisions.