Part 6Private pensions

Automatic enrolment

I138Automatic enrolment: powers to create general exceptions

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

87APower to create exceptions from the employer duties etc

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In consequence of subsection (2), the following are repealed—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.