Citation, commencement, expiry and interpretation

1. —(1) This Order may be cited as the Automatic Enrolment (Offshore Employment) Order 2012 and comes into force on 1st July 2012.

(2) Subject to article 5, this Order ceases to have effect on 1st July 2020.

(3) In this Order—

“the 2008 Act” means the Pensions Act 2008;

“the (No. 2) 2008 Act” means the Pensions (No. 2) Act (Northern Ireland) 2008( 2 );

“the English area”, “the Scottish area” and “the Northern Irish area” have the same meaning in each case as in article 1(2) of the Civil Jurisdiction (Offshore Activities) Order 1987( 3 ).

Application of relevant provisions

2. —(1) Subject to paragraph (2), the relevant provisions apply in relation to a person in offshore employment( 4 )—

(a) in the English area or the Scottish area as if the reference in section 1(1)(a) of the 2008 Act to a worker “who is working or ordinarily works in Great Britain under the worker’s contract” included a reference to such a person; and

(b) in the Northern Irish area as if the reference in section 1(1)(a) of the (No. 2) 2008 Act to a worker “who is working or ordinarily works in Northern Ireland under the worker’s contract” included a reference to such a person.

(2) The relevant provisions do not apply in relation to a person in offshore employment where the employment is connected with the exploration or exploitation, in a foreign sector of the continental shelf, of a cross-boundary petroleum field.

(3) The relevant provisions apply in relation to—

(a) a person in offshore employment as referred to in paragraphs (1) and (2), whether or not that person is a British subject; and

(b) the employer of a person in offshore employment as referred to in paragraphs (1) and (2), where that employer is a body corporate, whether or not the body is incorporated under the law of a part of the United Kingdom.

(4) The relevant provisions apply as referred to in paragraph (3) even where the application may affect the person’s or employer’s activities outside the United Kingdom.

(5) For the purposes of this article, “cross-boundary petroleum field” and “foreign sector of the continental shelf” have the same meaning in each case as in section 201 of the Employment Rights Act 1996( 5 ).

Jurisdiction

3. —(1) In Great Britain—

(a) the employment tribunals have jurisdiction to determine complaints;

(b) the Employment Appeal Tribunal has jurisdiction to determine appeals; and

(c) the Tribunal has jurisdiction to determine references made to it,

for the purposes of Part 1 of the 2008 Act, or any enactment as amended by that Part, as that Part or that enactment applies by virtue of this Order.

(2) In Northern Ireland—

(a) proceedings may be brought in any place in Northern Ireland for an offence;

(b) the industrial tribunals have jurisdiction to determine complaints; and

(c) the Tribunal has jurisdiction to determine references made to it,

for the purposes of Part 1 of the (No. 2) 2008 Act, or any enactment as amended by that Part, as that Part or that enactment applies by virtue of this Order.

(3) In this article “Tribunal”—

(a) in relation to Great Britain, has the meaning given in section 44(4A)( 6 ) of the 2008 Act; and

(b) in relation to Northern Ireland, has the meaning given in section 44(4A)( 7 ) of the (No. 2) 2008 Act.

Review

4. —(1) Before the end of the review period, the Secretary of State must—

(a) carry out a review of this Order;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by this Order;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) “Review period” means the period of six years beginning with 1st July 2012.

Savings

5. This Order does not cease to have effect in relation to an employer and a person in offshore employment whom it employs where, immediately before 1st July 2020—

(a) the person was a jobholder and an active member of a qualifying scheme; or

(b) the employer was required to make arrangements in respect of the person under—

(i) in relation to Great Britain, section 5(2) (where section 5 applies by virtue of section 5(1A) or (1B))( 8 ), 7(3) or 9(2) of the 2008 Act; or

(ii) in relation to Northern Ireland, any corresponding provisions in force there.