PART 1

PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS
CHAPTER 1

EMPLOYERS' DUTIES

Employers' duties

Postponement or disapplication of automatic enrolment
4
1
Where—
a
an employer (E) gives to a person employed by E on E's staging date (“the worker”) notice that E intends to defer automatic enrolment for the worker until a date specified in the notice (“the deferral date”), and
b
any prescribed requirements in relation to the notice are met,
the worker's automatic enrolment date is the deferral date if on that date section 3 applies to the worker as a jobholder of E; if not, subsection (4) applies.
2
Where—
a
a person (“the worker”) begins to be employed by an employer (E) after E's staging date,
b
E gives the worker notice that E intends to defer automatic enrolment until a date specified in the notice (“the deferral date”), and
c
any prescribed requirements in relation to the notice are met,
the worker's automatic enrolment date is the deferral date if on that date section 3 applies to the worker as a jobholder of E; if not, subsection (4) applies.
3
Where—
a
a person (“the worker”) employed by an employer (E) becomes, after E's staging date, a jobholder to whom section 3 applies,
b
E gives the worker notice that E intends to defer automatic enrolment until a date specified in the notice (“the deferral date”), and
c
any prescribed requirements in relation to the notice are met,
the worker's automatic enrolment date is the deferral date if on that date section 3 applies to the worker as a jobholder of E; if not, subsection (4) applies.
4
Where this subsection applies, section 3(2) does not apply in relation to any employment of the worker by E in the period beginning with the starting day and ending with the deferral date.
5
A notice under this section may be given on or before the starting day or within a prescribed period after that day.
6
The deferral date may be any date in the period of 3 months after the starting day.
7
An employer who gives a worker a notice under subsection (1) or (2) may not give the worker a notice under subsection (3) in relation to any occasion on or before the deferral date specified in the notice on which the worker becomes a jobholder to whom section 3 applies.
8
In this section—
- “
staging date
”, in relation to an employer of a particular description, means the date prescribed under section 12 in relation to employers of that description;
- “
starting day
” means—
  1. E's staging date, in the case of a notice under subsection (1);
  2. the day on which the worker begins to be employed by E, in the case of a notice under subsection (2);
  3. the day on which the worker becomes a jobholder to whom section 3 applies, in the case of a notice under subsection (3).
S. 4 partly in force; s. 4 in force for certain purposes at Royal Assent see s. 118(2)
S. 4 substituted (2.6.2012 for specified purposes, 30.6.2012 in so far as not already in operation) by Pensions Act (Northern Ireland) 2012 (c. 3), ss. 7(2), 34(1)(3); S.R. 2012/265, art. 2(1)(b)
Pt. 1 applied (with modifications) (1.7.2012) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), arts. 1(1), 2 (with art. 5)