Explanatory note

These Regulations amend the Information and Consultation of Employees Regulations 2004 (“the 2004 Regulations”). The Regulations come into force on 6th April 2006.

The 2004 Regulations impose information and consultation obligations on certain employers. Regulation 16 provides that employers and their workforce may reach a negotiated agreement on how these obligations will be satisfied. It is possible that such an agreement may address information and consultation on pensions issues. Further, where, under regulation 20, standard information and consultation provisions apply, these include the obligation to inform and consult on “decisions likely to lead to substantial changes in work organisation or in contractual relations”. This could include the provision of information and consultation on pensions issues. Regulations 7(3) and 11 to 13 of the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (“the 2006 Regulations”) require relevant employers to inform and consult about “listed changes” which are certain changes affecting occupational or personal pension schemes.

These Regulations amend the 2004 Regulations so as to provide that the obligations to inform and consult on “listed changes” arising either as a result of a negotiated agreement entered into before these Regulations come into force or pursuant to regulation 20 of the 2004 Regulations do not apply where the employer is under a duty under regulations 7(3) and 11 to 13 of the 2006 Regulations and he has notified the information and consultation representatives appointed under a negotiated agreement or employees (where the agreement requires they be informed and consulted directly) or the information and consultation representatives appointed under the 2004 Regulations, as appropriate, in writing that he will be complying with that duty.

A full Regulatory Impact Assessment has not been prepared for this instrument as it has a negligible impact on the costs of business.

An assessment of the impact on business of the provisions in the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 was included in the Regulatory Impact Assessment relating to the Pensions Act 2004. A copy of that assessment has been placed in the libraries of both Houses of Parliament. Copies may be obtained from the Department for Work and Pensions, Regulatory Impact Unit, Level 4, Adelphi, 1-11 John Adam Street, London, WC2N 6HT.