# The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010, Regulation 13: Arrangements to achieve active membership


(1) Except where the jobholder becomes an active member of an automatic enrolment scheme under paragraph (2), the arrangements in regulations 6, 7 and 8 are the arrangements prescribed to achieve active membership for the purposes of section 5 of the Act, but with the following modifications—
(a) in regulation 6 for all references to “section 3” substitute “section 5”;
(b) in regulations 6, 7 and 8 for all references to “section 3(2)” substitute “section 5(2)”; and
(c) in regulations 6, 7 and 8 for all references to “the automatic enrolment date” substitute “the automatic re-enrolment date”.
(2) Subject to paragraph (3), where before the jobholder’s automatic re-enrolment date, the jobholder is a member of a personal pension scheme, or in a case under section 6(5) of the Act a member of a personal pension scheme or an occupational pension scheme, the employer may meet the obligation in section 5(2) of the Act by—
(a) before the end of a period of one month beginning with the automatic re-enrolment date, entering into arrangements with the provider or the trustees or managers of the scheme of which the jobholder is a member so that—
(i) the scheme is an automatic enrolment scheme; and
(ii) the jobholder is an active member of that scheme; and
(b) satisfying the requirements of regulation 7, as if for all references in regulation 7 to “section 3(2)” there was substituted “section 5(2)” and for all references to “the automatic enrolment date” there was substituted “the automatic re-enrolment date”.
(3) Paragraph (2)(b) does not apply in a case under section 6(5) of the Act.

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Source: https://www.legislation.gov.uk/ukdsi/2010/9780111491652/regulation/13 (the official version)
Page: https://openlegislation.uk/draft-occupational-and-personal-pension-schemes-automatic-enrolment-regulations-2010/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.