Part I

Stakeholder pension schemes

Duty of employers to facilitate access to stakeholder pension schemes.
3
1
Except in so far as regulations otherwise provide, it shall be the duty of an employer of relevant employees to comply with the requirement in subsection (5).
1A
A relevant employee, in relation to an employer, is an employee of the employer who, on the relevant date, satisfies the conditions in subsection (1B).
1B
The conditions are that—
a
the employee is a member of a stakeholder pension scheme;
b
the employee made a request under subsection (5) before the relevant date and that request has not been withdrawn;
c
the employee pays contributions (which are deducted in accordance with that request) to the scheme at regular intervals;
d
at least one deduction has been made before the relevant date in accordance with that request.
1C
A person ceases to be a relevant employee—
a
on ceasing to be employed by the employer;
b
on withdrawing a request under subsection (5);
c
on ceasing to pay contributions at regular intervals.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The ... requirement is that, subject to such exceptions and qualifications as may be prescribed, the employer shall, if he is requested to do so by a relevant employee ...—
a
deduct the employee’s contributions to the stakeholder pension scheme from his remuneration; and
b
pay them to the trustees or managers of the scheme or, if regulations so provide, to a prescribed person.
5A
That requirement only applies in relation to a request to make deductions made before the relevant date (whether or not that request is varied after that date).
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Section 10 of the 1995 Act (civil penalties) applies to an employer who fails to comply with the requirement set out above.
8
An employer is not, while subject to the requirement in subsection (5), under any duty—
a
to make any enquiries, or act on any information, about the scheme for any purpose not connected with—
i
ascertaining whether the scheme is for the time being registered under section 2,
ii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in particular, to investigate or monitor, or make any judgment as to, the past, present or future performance of the scheme.
9
In this section—
- “employer” means any employer, whether or not resident or incorporated in any part of the United Kingdom;
- “
relevant date
” means the date on which section 87 of the Pensions Act 2008 comes into force.
......
S. 3 wholly in force at 8.10.2001; s. 3 in force for certain purposes at Royal Assent see s. 89(1)(5); s. 3(1)(2)(7)(9) in force for certain purposes and s. 3(6)(8) in force at 6.4.2001 insofar as not already in force and s. 3 in force at 8.10.2001 insofar as not already in force by S.I. 2001/933, arts. 5, 6
S. 3(8)(a)(ii) repealed (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(10)(b), 149(1), Sch. 11 Pt. 1; S.I. 2012/2480, art. 2 (with art. 3)
Pt. I modified (1.4.2008) by The Agriculture and Horticulture Development Board Order 2008 (S.I. 2008/576), Sch. 4 para. 5
Words in s. 3(9) repealed (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(12)(a), 149(1), Sch. 11 Pt. 1; S.I. 2012/2480, art. 2 (with art. 3)
Words in s. 3(5) repealed (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(6)(a), 149(1), Sch. 11 Pt. 1; S.I. 2012/2480, art. 2 (with art. 3)
S. 3(1A)-(1C) inserted (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(4), 149(1); S.I. 2012/2480, art. 2 (with art. 3)
Words in s. 3(5)(a) substituted (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(6)(c), 149(1); S.I. 2012/2480, art. 2 (with art. 3)
Pts. I-IV: power to modify conferred (26.11.2008) by Pensions Act 2008 (c. 30), ss. 146(2)(c), 149(2)
Words in s. 3(1) substituted (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(3), 149(1); S.I. 2012/2480, art. 2 (with art. 3)
Pts. I-IV: power to modify conferred (6.4.2006) by Pensions Act 2004 (c. 35), ss. 321(1)(d), 322(1); S.I. 2006/560, art. 2(3), Sch. Pt. 3
Words in s. 3(9) inserted (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(11), 149(1), Sch. 11; S.I. 2012/2480, art. 2 (with art. 3)
S. 3(5A) inserted (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(7), 149(1); S.I. 2012/2480, art. 2 (with art. 3)
S. 3(6) repealed (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(8), 149(1), Sch. 11 Pt. 1; S.I. 2012/2480, art. 2 (with art. 3)
S. 3(2)-(4) repealed (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(5), 149(1), Sch. 11 Pt. 1; S.I. 2012/2480, art. 2 (with art. 3)
Words in s. 3(8) substituted (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(10)(a), 149(1); S.I. 2012/2480, art. 2 (with art. 3)
Pts. I-IV modified (6.4.2006) by Pensions Act 2004 (c. 35), ss. 254(3)(c), 322(1) (with s. 313); S.I. 2006/560, art. 2(3), Sch. Pt. 3
S. 3(8)(a)(iii) repealed (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(10)(b), 149(1), Sch. 11 Pt. 1; S.I. 2012/2480, art. 2 (with art. 3)
Words in s. 3(9) repealed (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(12)(b), 149(1), Sch. 11 Pt. 1; S.I. 2012/2480, art. 2 (with art. 3)
Words in s. 3(5) repealed (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(6)(b), 149(1), Sch. 11 Pt. 1; S.I. 2012/2480, art. 2 (with art. 3)
Words in s. 3(7) substituted (1.10.2012) by Pensions Act 2008 (c. 30), ss. 87(9), 149(1); S.I. 2012/2480, art. 2 (with art. 3)