{
  "url": "https://openlegislation.uk/occupational-and-personal-pension-schemes-automatic-enrolment-regulations-2010/regulation-5F",
  "json_url": "https://openlegislation.uk/occupational-and-personal-pension-schemes-automatic-enrolment-regulations-2010/regulation-5F.json",
  "legislation": "uksi/2010/772",
  "legislation_title": "The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010",
  "legislation_url": "https://openlegislation.uk/occupational-and-personal-pension-schemes-automatic-enrolment-regulations-2010",
  "path": "regulation/5F",
  "kind": "regulation",
  "number": "5F",
  "heading": "Effect of exercise of discretion",
  "text": "(1) This regulation applies to an employer who—\n(a) exercises a discretion under section 3(2) or 5(2) of the Act, as conferred by regulations 5B, 5C, 5D, 5E, 5EA or 5EB, so that the prescribed arrangements are made whereby the jobholder will become an active member of an automatic enrolment scheme;\n(b) makes the arrangements referred to in section 7(3) of the Act for a jobholder, unless notice of termination of employment of that jobholder has been given (and the jobholder and the employer have not agreed that such notice is withdrawn); or\n(c) makes the arrangements referred to in section 9(2) of the Act for a worker, unless notice of termination of employment of that worker has been given (and the worker and the employer have not agreed that such notice is withdrawn).\n(2) In relation to the employer to whom this regulation applies, the employer is to be treated for all purposes as if the employer were acting under the duty which would apply by virtue of section 3(2) or 5(2) of the Act or were required to make the arrangements in section 7(3) or 9(2) of the Act but for the provisions of this Part.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 5F(1)(a) substituted (6.4.2016) by The Occupational and Personal Pension Schemes (Automatic Enrolment) (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/311), regs. 1(1), 4(4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2010/772/regulation/5F",
    "retrieved_at": "2026-10-29T02:47:56.546758+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}