Part 6

Private pensions

Automatic enrolment

Unpaid scheme contributions
42
1
The Pension Schemes Act 1993 is amended as follows.
2
In section 123 (payment by Secretary of State of unpaid scheme contributions on employer insolvency: interpretation)—
a
in subsection (3), for the definition of “contract of employment” and related expressions substitute—
- “employer”, “employment”, “worker” and “worker’s contract” and other expressions which are defined in the Employment Rights Act 1996 have the same meaning as in that Act (see further subsections (3A) and (3B));
;
b
in subsection (3), in paragraph (b) of the definition of “holiday pay”, for “the employee’s contract of employment” substitute “the worker’s contract”;
c
after subsection (3) insert—
3A
Section 89 of the Pensions Act 2008 (agency workers) applies for the purposes of this Chapter as it applies for the purposes of Part 1 of that Act.
3B
References in this Chapter to a worker include references to an individual to whom Part 1 of the Pensions Act 2008 applies as if the individual were a worker because of regulations made under section 98 of that Act; and related expressions are to be read accordingly.
3
In section 124 (Secretary of State’s duty to pay unpaid contributions)—
a
for “an employee”, in each place, substitute “a worker”;
b
for “the employee”, in each place, substitute “the worker”;
c
for “the employee’s” substitute “the worker’s”;
d
for “employees”, in each place, substitute “workers”.
4
In section 161, for “contract of employment” substitute “worker’s contract”.
5
In section 165(7)—
a
in paragraph (a), for “contract of employment the employee” substitute “worker’s contract the worker”;
b
in paragraph (b), for “employee” substitute “worker”.