Part 1

Pension scheme membership for jobholders
Chapter 8

Application and interpretation

Exceptions

Power to create exceptions from the employer duties etc
87A
1
The Secretary of State may by regulations provide for exceptions to the employer duties; and an exception may in particular—
a
turn an employer duty into a power;
b
be framed by reference to a description of worker, particular circumstances or in some other way.
2
But the regulations may not provide for an exception for employers of a particular size.
3
Regulations which make provision under subsection (1)(a) may make provision modifying this Part or regulations made under it in connection with that provision.
4
The regulations may make provision in connection with the coming to an end of the state of affairs that caused an exception to apply, including provision—
a
modifying this Part or regulations made under it in relation to a person;
b
for the purpose of putting a person, wholly or partly, in the position he or she would have been in if the exception had never applied.
5
In this section “
employer duties
” means any duty of an employer under any provision of sections 2 to 11 and 54 or of regulations made under those sections.
Pt. 1 applied (with modifications) (temp. 1.7.2012 to 30.6.2020) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), art. 2 (with saving in art. 5)
S. 87A and cross-heading inserted (11.9.2014) by Pensions Act 2014 (c. 19), ss. 38(2), 56(1); S.I. 2014/2377, art. 2(1)(a)(i)(2)(c)