Explanatory note

This Order amends the National Employment Savings Trust Order 2010 (S.I. 2010/917) (“the Order”).

Paragraph (2) of article 2 amends the date when article 20 of the Order ceases to have effect. Paragraph (3) amends the definition of “participating employer” and inserts definitions of “qualifying person”, “qualifying self-employed person” and “quality requirement”. Paragraphs (4), (5), (7), (8)(c) to (g) and (9) to (12) make minor consequential, technical and corrective amendments to the Order.

Paragraph (6) amends article 19, substituting article 19(4): this amendment removes the requirement for the Trustee to admit as a member a person whose place of work is sufficiently located in an EEA state other than the United Kingdom so as to make that person subject to the social and labour law of that EEA state. Paragraph (8)(a) and (b) makes similar amendments to article 21, so as to allow the Trustee to refuse to accept contributions made in respect of a member’s employment that is subject to the social and labour law of another EEA state.

Paragraph (13) amends the provisions governing the payment of benefits on the death of a member of the Scheme.

An assessment of the impact of this Order on private sector and civil society organisations has been made. A copy of this assessment is available in the libraries of both Houses of Parliament and copies can also be obtained from the Better Regulation Unit of the Department for Work and Pensions, Caxton House, Tothill Street, London SW1H 9NA or from the DWP website: http://www.dwp.gov.uk/resourcecentre/ria.asp.