Statutory Instruments
2012 No. 1477
Pensions
The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) (No. 2) Regulations 2012
Made
8th June 2012
Laid before Parliament
11th June 2012
Coming into force
2nd July 2012
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 292A(a), 315(2) and 318(1) of the Pensions Act 2004( 1 ).
In accordance with section 317(1) of that Act, the Secretary of State has consulted with such persons as the Secretary of State considers appropriate.
Citation and commencement
1. These Regulations may be cited as the Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) (No. 2) Regulations 2012 and come into force on 2nd July 2012.
Amendment of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010
2. After regulation 5 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010( 2 ) (pay reference periods for the purposes of section 20(1)(b) and (c) and section 26(4)(b) and (5)(b) of the Act) insert—
“ PART 1A Exemption
Exemption of European employers
5A. Sections 2(1), 3(2), 5(2), 7(3), 9(2) and 54 of the Act (employer’s obligations regarding membership of a qualifying scheme) do not apply in relation to a person’s employment of an individual in relation to whom the person is a European employer ( 3 ) . ” .
Signed on behalf of the Secretary of State for Work and Pensions
Steve Webb
Minister of State,
Department for Work and Pensions
8th June 2012
2004 c. 35 . Section 292A was inserted by the Pensions Act 2011 (c. 19) , section 18. Section 318(1) is cited for the meaning given to “regulations”.
S.I. 2010/772 . Regulation 5 was substituted by S.I. 2012/215 , regulation 20.
“European employer” is defined in regulation 3 of the Occupational Pension Schemes (Cross-border Activities) Regulations 2005 ( S.I. 2005/3381 ) as amended by S.I. 2007/814 , regulation 18(1) and (3) and S.I. 2007/3014 , regulation 5(1) and (3).