C1Part 1Pension scheme membership for jobholders

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1 applied (with modifications) (temp. 1.7.2012 to 30.6.2020) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), art. 2 (with saving in art. 5)

Chapter 1Employers' duties

Employers' duties

I14F1Postponement or disapplication of automatic enrolment

1

Where—

a

an employer (E) gives to a person employed by E on E's staging date (“the worker”) notice that E intends to defer automatic enrolment for the worker until a date specified in the notice (“the deferral date”), and

b

any prescribed requirements in relation to the notice are met,

the worker's automatic enrolment date is the deferral date if on that date section 3 applies to the worker as a jobholder of E; if not, subsection (4) applies.

2

Where—

a

a person (“the worker”) begins to be employed by an employer (E) after E's staging date,

b

E gives the worker notice that E intends to defer automatic enrolment until a date specified in the notice (“the deferral date”), and

c

any prescribed requirements in relation to the notice are met,

the worker's automatic enrolment date is the deferral date if on that date section 3 applies to the worker as a jobholder of E; if not, subsection (4) applies.

3

Where—

a

a person (“the worker”) employed by an employer (E) becomes, after E's staging date, a jobholder to whom section 3 applies,

b

E gives the worker notice that E intends to defer automatic enrolment until a date specified in the notice (“the deferral date”), and

c

any prescribed requirements in relation to the notice are met,

the worker's automatic enrolment date is the deferral date if on that date section 3 applies to the worker as a jobholder of E; if not, subsection (4) applies.

4

Where this subsection applies, section 3(2) does not apply in relation to any employment of the worker by E in the period beginning with the starting day and ending with the deferral date.

5

A notice under this section may be given on or before the starting day or within a prescribed period after that day.

6

The deferral date may be any date in the period of three months after the starting day.

7

An employer who gives a worker a notice under subsection (1) or (2) may not give the worker a notice under subsection (3) in relation to any occasion on or before the deferral date specified in the notice on which the worker becomes a jobholder to whom section 3 applies.

8

In this section—

  • staging date ”, in relation to an employer of a particular description, means the date prescribed under section 12 in relation to employers of that description;

  • starting day ” means—

    1. a

      E's staging date, in the case of a notice under subsection (1);

    2. b

      the day on which the worker begins to be employed by E, in the case of a notice under subsection (2);

    3. c

      the day on which the worker becomes a jobholder to whom section 3 applies, in the case of a notice under subsection (3).