Section 112: Orders and regulations
Most statutory instruments containing an order or regulations under this Act will be subject to the negative resolution procedure.
The exceptions are:
the power to prescribe features of an average salary scheme that may prevent it from being treated as a qualifying scheme (section 16(3)(c));
the power to establish further conditions for automatic enrolment schemes (section 17(1)(c));
the power to extend the definition of worker (section 77);
powers relating to the disclosure of information relating to State Pension Credit recipients (section 111);
the powers relating to the role of the employer with regards to the employer duties when first exercised:
arrangements to auto-enrol (section 3(2) or (6));
arrangements to auto re-enrol (section 5(2) or (7));
arrangements to allow opt-in (section 7(4)(b) or (6));
arrangements for workers without qualifying earnings (section 9(3)(b));
an order under section 114 amending or repealing any relevant statutory provision;
an order under paragraph 9(7) of Schedule 4 regarding commutation of shared pension compensation;
an order under section 118 enabling the Department to appoint commencement dates.
The last of these is not subject to Assembly control. The others are subject to the confirmatory procedure – that is, they must be confirmed by resolution of the Assembly within a period of six months from the date on which they come into operation.
