Regulation 5D Tax protectionF1

England, Wales and Scotland

(1)

This regulation applies where an employer has reasonable grounds to believe that one of the following provisions applies in relation to a jobholder—

(a)

paragraph 7 (primary protection) or 12 (enhanced protection) of Schedule 36 (pension schemes etc: transitional provisions and savings) to the Finance Act 2004;

(b)

paragraph 14 of Schedule 18 to the Finance Act 2011 (fixed protection 2012);

(c)

paragraph 1 of Schedule 22 to the Finance Act 2013 (fixed protection 2014);

(d)

paragraph 1 of Schedule 6 to the Finance Act 2014 (individual protection 2014).

(F2e)

paragraph 1 (fixed protection 2016) or 9 (individual protection 2016) of Schedule 4 to the Finance Act 2016.

(2)

Where this regulation applies, in relation to the jobholder referred to in paragraph (1), sections 3(2) and 5(2) of the Act are to be read as if for “must” there were substituted “may”.

Annotations

Textual amendments

F1: Regs. 5B-5F inserted (1.4.2015) by The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2015 (S.I. 2015/501), regs. 1, 5
F2: Reg. 5D(1)(e) inserted (6.3.2017) by The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2017 (S.I. 2017/79), regs. 1, 2

Notes on Part 1A

Textual amendments

F1: Pt. 1A inserted (2.7.2012) by The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1477), regs. 1, 2
F2: Words in Pt. 1A heading added (1.4.2015) by The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2015 (S.I. 2015/501), regs. 1, 4