But the Regulator may not issue a compliance notice in respect of a contravention of this section unless the contravention occurred within the prescribed period before, the time when a complaint was made to the Regulator about the contravention, or. 6(3), 38(1)(4); S.I. (5)Subsection (6) applies to any rules made by the Secretary of State under section 67 relating to a scheme, except rules taking effect at the same time as the order establishing the scheme. . (1) Section 31 (variation, discharge etc of certain orders for 9.After section 40A (appeals relating to pension sharing orders which Part 2 Amendments of the Matrimonial and Family Proceedings Act 1984. But any arrangements the employer makes for the worker to become, within that period, an active member of a pension scheme that satisfies the requirements of this section must be made in accordance with regulations under this section. No changes have been applied to the text. F129. F38S. 2012/1682, art. 129. . (a)sections 20(1)(b) and 26(4)(b) have effect as if for 3% there were substituted 1% ; (b)sections 20(1)(c) and 26(5)(b) have effect as if for 8% there were substituted 2% . (2)In this section legislation means any provision of an Act or subordinate legislation (and subordinate legislation has the same meaning as in the Interpretation Act 1978 (c. 30)). 1, 2), I38S. (2)Which paragraph of subsection (1) is appropriate for any hybrid scheme is to be determined by rules made by the Secretary of State. 2(1)(b), F88S. 1(1) (as amended by S.I. (a)for F26 jobholders to be given information about the effect of sections 2 to 8 in relation to them; (b)for F27 workers to whom section 9 applies to be given information about the effect of that section in relation to them; (c)for a prescribed person to be required to provide the information. . 1. The functions of the members' panel may include nominating individuals to be members of the trustee corporation. (8)The power to make provision in pursuance of subsection (1) is exercisable by order. gives the employer a further notice under this section. 1(1) (as amended by S.I. 430(h)(2)(C) or (D) interest rates. . (1)Section 23 of the Pensions Act 2007 (c. 22) (winding up of the Authority) is amended as follows. . . F69Words in s. 29(1) omitted (12.9.2014) by virtue of Pensions Act 2014 (c. 19), ss. 32 wholly in force at 30.6.2012; s. 32 in force for certain purposes at Royal Assent see s. 149(2)(k); s. 32 in force so far as not already in force at 30.6.2012 by S.I. . It is immaterial for the purposes of paragraph (a) or (b) of subsection (1), whether or not the requirement applies in favour of the worker, or. (b)a person purporting to act in such capacity. 1 para. 18(7)(c), 44(1)(a); S.I. 2010/10, art. F15Words in s. 6(1)(b) substituted (3.11.2011 for specified purposes, 1.4.2015 in so far as not already in force) by Pensions Act 2011 (c. 19), ss. (b)that contract is not a contract of employment. (5)A notice under this section may be given on or before the starting day or within a prescribed period after that day. 2012/1682, art. F118Words in s. 58(3) substituted (6.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. . 2021/950, reg. . 12(7)(b), 38(1)(4); S.I. 14(c); S.I. ], F50S. A person guilty of an offence under this section is liable. . 2012/1477, regs. . An increase under subsection (1)(b) may be made only, by increasing the amount of any contribution, directly or by modifying the basis on which it is calculated, or. The Secretary of State must lay before Parliament a copy of the report. 1. . This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. . ], [F89(7A)The Secretary of State may by regulations make provision about the form and content of a notice under subsection (3).]. . . the defined benefits section does not satisfy any of the other requirements mentioned in section 24(1)(b). Section 35 applies in relation to a contravention of this section as it applies in relation to a contravention of section 2(1), and sections 38 to 44 apply accordingly. . . 79-85 repealed (5.7.2010) by The Personal Accounts Delivery Authority Winding Up Order 2010 (S.I. 23 (as originally enacted) in force for certain purposes at Royal Assent see s. 149(2)(k), (1)The Secretary of State may by regulations provide that a defined benefits scheme that has its main administration in the United Kingdom satisfies the quality requirement in relation to a jobholder if any one or more of the following is satisfied. 12. (b)to a person providing services to the Secretary of State or the Northern Ireland Department. The regulations may in particular make provision. A third party compliance notice is a notice directing the third party to take, or refrain from taking, the steps specified in the notice in order to remedy or prevent a recurrence of the failure. 2015/501), The Occupational and Personal Pension Schemes (Automatic Enrolment) (Miscellaneous Amendments) Regulations 2016 (S.I. is not an active member of a qualifying scheme because there has been a period beginning at any time after the jobholder's automatic enrolment date during which the requirements of section 1(1)(a) or (c) were not met (so that the person was not a jobholder for that period). Contribution notices: acting or failing to act otherwise than in good faith. . at all times before coming into payment the pension was a benefit falling within this section by virtue of subsection (2). the requirements contained in section 20(1), those requirements as modified under section 24(1)(a), or. . The scheme satisfies the quality requirement in relation to a jobholder if the following conditions are satisfied. receive pension under the Ordinance" (now the Pensions Act). (9)If the Secretary of State or the trustees make rules under section 67 they must publish them. . 10. 14(4), 38(1)(4); S.I. Accordingly, a figure specified under this section may be the figure within paragraph (a) or (b) or (c) of subsection (3) that is closest to the exact amount or the one that is next closest to it (or, if two figures are joint closest, it may be either of those). F1S. . . . 5B (as inserted (1.4.2015) by The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2015 (S.I. 5 para. 3 para. (b)is carried on in the United Kingdom by a person who is in relation to that activity an authorised person or an exempt person under section 19 of that Act. the employee is a member of a stakeholder pension scheme; the employee made a request under subsection (5) before the relevant date and that request has not been withdrawn; the employee pays contributions (which are deducted in accordance with that request) to the scheme at regular intervals; at least one deduction has been made before the relevant date in accordance with that request. (3)This section does not impose criminal liability on the Crown. This section applies for the purposes of this Part. 58. The Interpretation Act 1978 (c. 30) applies in relation to rules under section 67 as if they were contained in a deed not made under an enactment. 2010/22), arts. Pensions Act 2008, Part 1 is up to date with all changes known to be in force on or before 30 June 2023. 2010/22), arts. . The Regulator may issue a fixed penalty notice to a person if it is of the opinion that the person has failed to comply with. . 2(1)(a), F116Words in s. 54(1)(b) substituted (3.11.2011 for specified purposes, otherwise 30.6.2012) by Pensions Act 2011 (c. 19), ss. No Order in Council may be made under this section unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament. 3(a), F36S. No versions before this date are available. . (4)Subsections (5) and (6) apply where a worker becomes an active member of a pension scheme in pursuance of a notice under this section and, within the period of 12 months beginning with the day on which that notice was given, (a)ceases to be an active member of that scheme because of any action or omission by the worker, and. . . . 13. 3) (with transitional provisions and savings in S.I. 4(2), 38(1)(4); S.I. . 2(1)(a)(i)(2)(b), F11S. Interest on late payment of levies. . The regulations must provide for the notice, to include information about the effect in relation to jobholders of giving notice under this section, and. Regulations under subsection (4) may provide for the determination to be made in accordance with guidance issued from time to time by the Secretary of State. 4971(f)(1) imposes a 10% tax on the amount of the liquidity shortfall for a quarter that is not paid by the due date for the installment for that quarter. The Regulator may issue a fixed penalty notice to a person if it is of the opinion that the person has contravened. S. 17 wholly in force at 30.6.2012; s. 17 in force for certain purposes at Royal Assent see s. 149(2)(k); s. 17 in force so far as not already in force at 30.6.2012 by. A scheme does not fail to satisfy the quality requirement under this section merely because the trustees or managers of the scheme may on any occasion refuse to accept a contribution below an amount prescribed for the purposes of this section on the grounds that it is below that amount. . S. 75 wholly in force at 5.7.2010; s. 75 in force for certain purposes at Royal Assent see s. 149(2)(k); s. 75 in force so far as not already in force at 5.7.2010 by, The functions of the trustee corporation are, to act as a trustee of any scheme established under section 67, and. . 28(4)(e) inserted (12.9.2014) by Pensions Act 2014 (c. 19), ss. . 39(4)(b), 56(1); S.I. Words in s. 95(1) inserted (16.1.2012) by, Words in s. 95(2) inserted (16.1.2012) by. 5. 43 applied (31.5.2021 for specified purposes, 1.10.2021 in so far as not already in force) by 2004 c. 35, s. 77A(5)(b) (with s. 77A(6)) (as inserted by Pension Schemes Act 2021 (c. 1), ss. (2)An officer of Revenue and Customs may disclose to the Regulator information to which this section applies, if the disclosure is made for the purpose of enabling or assisting the Regulator to discharge its functions. 2018/965, reg. 2) Regulations 2011 (S.I. 11 partly in force; s. 11 in force for certain purposes at Royal Assent see s. 149(2)(k). (2)Section 323 of the Pensions Act 2004 (extent) is amended as follows. 23 substituted (3.11.2011 for specified purposes otherwise 30.6.2012) by Pensions Act 2011 (c. 19), ss. 2010/22), arts. Pensions in the United Kingdom - Wikipedia (a)specify the failure to which the notice relates; (b)state that, if the person fails to comply with the notice referred to in subsection (1) before a specified date, the person will be liable to pay an escalating penalty; (c)state the daily rate of the escalating penalty and the way in which the penalty is calculated; (d)state the date from which the escalating penalty will be payable, which must not be earlier than the date specified in the fixed penalty notice under section 40(5)(b); (e)state that the escalating penalty will continue to be payable at the daily rate until the date on which the person complies with the notice referred to in subsection (1) or such earlier date as the Regulator may determine; (f)notify the person of the review process under section 43 and the right of referral to [F107a tribunal] under section 44. 2018/965, reg. . 2010/22), arts. any corresponding provision in force in Northern Ireland, Premises are liable to inspection for the purposes of subsection (A1) if the inspector has reasonable grounds to believe that, documents relevant to any of the following are being kept there. Section 43 (review of notices) also applies to a compliance notice issued under section 51 and to a penalty notice issued under section 52. (6)F17. S. 11 partly in force; s. 11 in force for certain purposes at Royal Assent see s. 149(2)(k), S. 12 partly in force; s. 12 in force for certain purposes at Royal Assent see s. 149(2)(k), Cross-heading preceding s. 13 substituted (3.11.2011 for specified purposes otherwise 3.1.2012) by, A person's qualifying earnings in a pay reference period of 12 months are the part (if any) of the gross earnings payable to that person in that period that is. Sec. . Payment of any required minimum contribution must be made by 8 months after the end of the plan year. 2012/1257, reg. (6)For the purposes of arrangements under subsection (2) regulations may require information to be provided to any person by the employer or. An employer contravenes this section if any statement made or question asked by or on behalf of the employer for the purposes of recruitment indicates (expressly or impliedly) that an application for employment with the employer may be determined by reference to whether or not an applicant might opt out of automatic enrolment. (1)The Secretary of State may by order provide for the winding up and dissolution of the Authority.. C68S. 8(1)(c). . 2014/2377, art. The Regulator may not require a person to answer any question or furnish any information which might incriminate the person or, if that person is married or a civil partner, the person's spouse or civil partner. There are changes that may be brought into force at a future date. to a person providing services to the Secretary of State or the Northern Ireland Department. But on the application of the Regulator the High Court or the Court of Session may declare unlawful a failure by the Crown to comply with any of the duties mentioned in section 45(1). The second condition is that, in relation to the jobholder, there is an agreement between the provider of the scheme and the employer under which. (4)On a review of a notice, the effect of the notice is suspended for the period beginning when the Regulator determines to carry out the review and ending when the review is completed. (1)This Part has effect in relation to employment as a relevant member of the House of Lords staff as it has effect in relation to other employment. An unpaid contributions notice may, in particular. , in relation to a reference under this section, means. may provide for a court or tribunal on which jurisdiction is conferred by the relevant provisions to have jurisdiction, in respect of offences or other matters, for the purposes of any provision as it applies by virtue of the regulations; may exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents required for prosecutions) proceedings for offences under any provision as it applies by virtue of the regulations; may provide that such proceedings may not be brought without such consent as may be required by the regulations. (6)For the purposes of arrangements made under subsection (2) in relation to a personal pension scheme, regulations may deem an agreement to exist (subject to section 8) between the jobholder and the provider of the scheme for the jobholder to be an active member of the scheme on terms and conditions determined in accordance with the regulations. (1)The Secretary of State must in each tax year consider whether any of the amounts in sections 3(1)(c), 5(1)(c) and 13(1)(a) and (b) should be increased or decreased. . 67(3) omitted (16.12.2010) by virtue of Finance (No. . (4)In the case of a scheme that provides entitlement to a pension as mentioned in subsection (2)(a), the annual rate of the pension at the appropriate age must be. 1 para. omit the words from of his to qualifying scheme; in paragraph (a), for scheme substitute. 2012/1682, art. (5)If the compliance notice is issued in respect of a failure to comply with an enrolment duty and the specified steps relate to membership of a defined benefits scheme or a hybrid scheme, the notice may, in particular, require the employer to ensure that the worker is entitled to the same benefits under the scheme as if the employer had complied with that duty. A person who proposes to make rules under section 67 must publish a draft of the rules and invite comments. (a)arrangements are required to be made under section 3 or 5 in respect of the jobholder, F24. 2(a)(b), F93Word in s. 31(3) omitted (11.2.2021 for specified purposes, 1.8.2022 in so far as not already in force) by virtue of Pension Schemes Act 2021 (c. 1), s. 131(1)(3)(a), Sch. . 2014/2377, art. 7; S.I. . (8)Automatic re-enrolment dates are dates F14. . section 8(2)(b) (refund of contributions if jobholder opts out of scheme membership), and any provision of regulations under that provision, section 10 (requirement to give information to workers), and any provision of regulations under that section, or. The conditions mentioned in subsection (1)(b) are that. (c)who is not a party to a contract under which the agency worker undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of a profession or business undertaking carried on by the individual. (a)in relation to a jobholder, a qualifying scheme; (b)in relation to a worker to whom section 9 applies, a scheme which satisfies the requirements of that section.