Part 1

Pension scheme membership for jobholders
Chapter 5

Duty to establish a pension scheme

Pension scheme

Procedure for rules
72
1
A person who proposes to make rules under section 67 must publish a draft of the rules and invite comments.
2
They must have regard to any comments made in accordance with the invitation.
3
If they make the rules they must publish an account in general terms of those comments and their response to them.
4
If the rules they make differ from the draft published under subsection (1), they must publish details of any differences that they think are significant.
5
Subsection (6) applies to any rules made by the Secretary of State under section 67 relating to a scheme, except rules taking effect at the same time as the order establishing the scheme.
6
The Secretary of State may not make the rules without the consent of the trustees.
7
But the trustees may not withhold their consent without giving reasons.
8
The trustees must consult the members' panel and the employers' panel—
a
before making rules under section 67;
b
before deciding whether to give consent under subsection (6).
9
If the Secretary of State or the trustees make rules under section 67 they must publish them.
10
Anything published under this section must be published in a way designed to bring it to the attention of the persons likely to be interested or affected.
11
The publication must not be limited to electronic publication.
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)