# The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment No. 2) Regulations (Northern Ireland) 2012

S.R. 2012/238 · made 11 June 2012

These Regulations amend the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010.

Made under: The Pensions (Northern Ireland) Order 2005 (Article 268A)

PDFs: Printed copy https://openlegislation.uk/occupational-and-personal-pension-schemes-automatic-enrolment-amendment-no-2-regulations-northern-ireland-2012/pdf/nisr_20120238_en.pdf; Explanatory Memorandum https://openlegislation.uk/occupational-and-personal-pension-schemes-automatic-enrolment-amendment-no-2-regulations-northern-ireland-2012/pdf/nisrem_20120238_en.pdf

## Introductory text

Pensions
Made 11th June 2012
Coming into operation 2nd July 2012
The Department for Social Development makes the following Regulations in exercise of the powers conferred by Article 268A(a) of the Pensions (Northern Ireland) Order 2005.

## 1 Citation and commencement

These Regulations may be cited as the Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment No. 2) Regulations (Northern Ireland) 2012 and shall come into operation on 2nd July 2012.

## 2 Amendment of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations

After regulation 5 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010 (pay reference periods for the purposes of sections 20(1)(b) and (c) and 26(4)(b) and (5)(b)) insert—
“PART 1A
Exemption
Exemption of European employers
5A. Sections 2(1), 3(2), 5(2), 7(3), 9(2) and 54 (employer’s obligations regarding membership of a qualifying scheme) do not apply in relation to a person’s employment of an individual in relation to whom the person is a European employer.”.

## Signature

Sealed with the Official Seal of the Department for Social Development on 11th June 2012
(L.S.)
Will Haire
A senior officer of the Department for Social Development

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations (Northern Ireland) 2010.
Regulation 2 inserts Part 1A (regulation 5A) to make provision exempting employers from the employers’ obligations under sections 2(1), 3(2), 5(2), 7(3), 9(2) and 54 of the Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13 (N.I.)) in relation to individuals in relation to whom the employer is a European employer. “European employer” is defined in regulation 3 of the Occupational Pension Schemes (Cross-border Activities) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 581).
As these Regulations make in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State for Work and Pensions in relation to Great Britain, the requirement to consult under Article 289(1) of the Pensions (Northern Ireland) Order 2005 does not apply by virtue of paragraph (2)(e) of that Article.
An assessment of the impact on business of these Regulations is detailed in a Regulatory Impact Assessment, a copy of which has been laid in the Business Office and the Library of the Northern Ireland Assembly. Copies of the Assessment are available from the Department for Social Development, Social Security Policy and Legislation Division, Level 1, James House, 2-4 Cromac Avenue, Gasworks Business Park, Ormeau Road, Belfast BT7 2JA or from the website: http://www.dsdni.gov.uk/index/ssa/ssani-publications/ssani-pensions-publications.htm. A copy of the Assessment is also annexed to the Explanatory Memorandum which is available alongside this Statutory Rule on the website: http://www.legislation.gov.uk/nisr.

---
Source: https://www.legislation.gov.uk/nisr/2012/238 (the official version)
Page: https://openlegislation.uk/occupational-and-personal-pension-schemes-automatic-enrolment-amendment-no-2-regulations-northern-ireland-2012
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.