Explanatory note

This Order contains permitted exceptions for occupational pension schemes to the non-discrimination rule contained in section 61 of Part 5 of the Equality Act 2010 (“The Equality Act”) (work) as it applies to age.

This Order also contains permitted exceptions, relating to employer contributions to personal pension schemes, to the other non-discrimination provisions of Part 5 of the Act as they apply to age.

The non-discrimination provisions in Part 5 of the Equality Act as they apply to age supersede Part 2 of the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031) (“the Age Regulations”), now repealed.

The permitted exceptions to Part 2 of the Age Regulations relating to occupational pension schemes, contained in Schedule 2 to those Regulations, are replaced by the provisions of Schedule 1 to this Order for occupational pension schemes as defined by section 1 of the Pension Schemes Act 1993.

The permitted exceptions to Part 2 of the Age Regulations relating to payments by the employer to personal pension schemes, contained in Schedule 2 to those Regulations, and are replaced by the provisions in Schedule 2 to this Order.

Article 3 provides that it is not a breach of the non-discrimination rule to maintain or use those rules, practices, actions or decisions set out in Schedule 1 to this Order.

Article 4 provides that it is not an age contravention to maintain or use those practices, actions or decisions set out in Schedule 2 to this Order.

Article 5 provides that the inclusion of a rule, practice, action or decision in Schedule 1 or 2 shall not be taken to mean, but for that inclusion, the use or maintenance of the rule, practice, action or decision would otherwise be unlawful.

Schedule 1 contains exceptions to the non-discrimination rule for occupational pension schemes.

Schedule 2 contains exceptions to Part 5 of the Equality Act as it relates to age for employers contributing to a personal pension scheme.

An Impact Assessment has not been prepared for this instrument as it has no impact on the costs of business, charities or voluntary bodies.