Statutory Instruments
2012 No. 1682 (C. 65)
Pensions
The Pensions Act 2008 (Commencement No. 13) Order 2012
Made
28th June 2012
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 144(4) and 149(1) of the Pensions Act 2008( 1 ).
Citation
1. —(1) This Order may be cited as the Pensions Act 2008 (Commencement No. 13) Order 2012.
(2) In this Order, “the Act” means the Pensions Act 2008.
Commencement of provisions
2. —(1) The provisions of the Act specified in paragraph (2) come into force on 30th June 2012.
(2) The provisions are—
(a) those listed in Schedule 1 to this Order, in so far as they are not already in force, and
(b) those listed in Schedule 2 to this Order.
Signed by authority of the Secretary of State for Work and Pensions.
Steve Webb
Minister of State
Department for Work and Pensions
28th June 2012
Article 2(2)(a)
SCHEDULE 1 Provisions of the Act (in so far as they are not already in force) coming into force on 30th June 2012
| Provisions of the Act | Subject matter |
|---|---|
| Section 2( 2 ) | Continuity of scheme membership |
| Section 3( 3 ) | Automatic enrolment |
| Section 5( 4 ) | Automatic re-enrolment |
| Section 6( 5 ) | Timing of automatic re-enrolment |
| Section 7( 6 ) | Jobholder’s right to opt in |
| Section 8 | Jobholder’s right to opt out |
| Section 9 | Workers without qualifying earnings |
| Section 10 | Information to be given to workers |
| Section 13 | Qualifying earnings |
| Section 15 | Pay reference period |
| Section 16( 7 ) | Qualifying schemes |
| Section 17 | Automatic enrolment schemes |
| Section 18 | Occupational pension schemes |
| Section 20( 8 ) | Quality requirement: UK money purchase schemes |
Section 21 | Quality requirement: UK defined benefits schemes |
| Section 22( 9 ) | Test scheme standard |
| Section 24 | Quality requirement: UK hybrid schemes |
| Section 26 | Quality requirement: UK personal pension schemes |
| Section 29 | Transitional periods for money purchase and personal pension schemes |
| Section 30( 10 ) | Transitional period for defined benefits and hybrid schemes |
| Section 32( 11 ) | Power of trustees or managers to modify by resolution |
| Section 33 | Deduction of contributions |
| Section 37 | Unpaid contributions notices |
| Section 38 | Calculation and payment of contributions |
| Section 40( 12 ) (except paragraph (d) of subsection (1) which is commenced only for the purposes of the exercise of the Regulator’s functions under or by virtue of Part 1 of the Act) | Fixed penalty notices |
| Section 41( 13 ) (except paragraph (d) of subsection (1) which is commenced only for the purposes of the exercise of the Regulator’s functions under or by virtue of Part 1 of the Act) | Escalating penalty notices |
| Section 43 | Review of notices |
| Section 49 | Monitoring of employers’ payments to personal pension schemes |
| Section 52 | Penalty notices |
| Section 54( 14 ) | Inducements |
| Section 58 | Restrictions on agreements to limit operation of this Part |
| Section 96 | Persons working on vessels |
| Section 97 | Persons in offshore employment |
Article 2(2)(b)
SCHEDULE 2 Provisions of the Act coming into force on 30th June 2012
| Provisions of the Act | Subject matter |
|---|---|
| Section 1 | Jobholders |
| Section 19 | Personal pension schemes |
| Section 31 | Effect of freezing order or assessment period |
| Section 34 | Effect of failure to comply |
| Section 35 | Compliance notices |
| Section 36 | Third party compliance notices |
| Section 39 | Meaning of “relevant contributions” |
| Section 42 | Penalty notices: recovery |
| Section 44( 15 ) | References to First-tier Tribunal or Upper Tier Tribunal |
| Section 45 | Offences of failing to comply |
| Section 46 | Offences by bodies corporate |
| Section 47 | Offences by partnerships and unincorporated associations |
| Section 48 | Offences of providing false or misleading information |
| Section 50 | Prohibited recruitment conduct |
| Section 51 | Compliance notices |
| Section 53( 16 ) | Review of notices and references to First-tier Tribunal or Upper Tribunal |
| Section 55 | The right not to suffer detriment |
| Section 56 | Enforcement of the right |
| Section 57( 17 ) (except subsection (3)) | Right of employee not to be unfairly dismissed |
| Section 59 | Employment Appeal Tribunal |
| Section 61 | Powers to require information and to enter premises |
| Section 66 | Functions of the Pensions Ombudsman |
| Section 88 | “Employer”, “worker” and related expressions |
| Section 89 | Agency workers |
| Section 90 | Directors |
| Section 91 | Crown employment |
| Section 92 | Armed forces |
| Section 93 | House of Lords staff |
| Section 94 | House of Commons staff |
| Section 95( 18 ) | Police |
| Section 127 | Review of the initial operation of sections 38A and 38B of the Pensions Act 2004 |
Section 2 was amended by section 4(1) of the Pensions Act 2011 (c. 19) .
Section 3 was amended by sections 5(1) and (2) and 6(1) of the Pensions Act 2011.
Section 5 was amended by sections 4(2) to (4), 5(3) and (4) and 6(3) of the Pensions Act 2011.
Section 6 was amended by sections 4(5), 6(4) and 7 of the Pensions Act 2011.
Section 7 was amended by section 6(5) of the Pensions Act 2011.
Section 16 was amended by section 10 of the Pensions Act 2011.
Section 20(2) was omitted by S.I. 2011/1724 .
Section 22 was amended by section 11(1) of the Pensions Act 2011.
Section 30 was amended by sections 6(6), 14 and 15 of the Pensions Act 2011.
Section 32 was amended by sections 12(8) and 16 of the Pensions Act 2011.
Section 40 was amended by S.I. 2010/22 .
Section 41 was amended by S.I. 2010/22 .
Section 54 was amended by section 4(6) of the Pensions Act 2011.
Section 44 was amended by S.I. 2010/22 .
Section 53 was amended by S.I. 2010/22 .
Section 57 was corrected by a correction slip (ISBN 978-0-10-543008-7).
Section 95 was amended by the Police Reform and Social Responsibility Act 2011 (c. 13) .