Part 6

Private pensions

Automatic enrolment

Automatic enrolment: powers to create general exceptions
38
1
In section 10 of the Pensions Act 2008 (information to be given to workers)—
a
in subsection (1)—
i
for “must” substitute “may”;
ii
in paragraphs (a) and (b), omit “all”;
b
in subsection (2) for “must state” substitute “may in particular make provision about”.
2
In Chapter 8 of Part 1 of the Pensions Act 2008, before section 88 (and the heading “Workers” above it) insert—

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.
3
In consequence of subsection (2), the following are repealed—
a
section 292A of the Pensions Act 2004;
b
section 5(4) of the Pensions Act 2008;
c
section 18 of the Pensions Act 2011.