Regulation 10 Amendment of the Consultation by Employers Regulations

The Consultation by Employers Regulations are amended in accordance with this regulation.

In regulation 3 (application), for paragraph (2) substitute—

“(2)

For the purposes of these Regulations “relevant employer” means—

(a)

an employer employing in Great Britain at least the number of employees specified in paragraph (2A); and

(b)

in the case of—

(i)

an occupational pension scheme, an employer in relation to the scheme other than one who is excluded by regulation 4, and

(ii)

a personal pension scheme, an employer in relation to the scheme other than one who is excluded by regulation 5.

(2A)

The number of employees referred to in paragraph (2)(a) is—

(a)

150 from 6th April 2006 to 5th April 2007,

(b)

100 from 6th April 2007 to 5th April 2008, and

(c)

50 from 6th April 2008 onwards.

(2B)

For the purposes of paragraph (2)(a)—

(a)

the number of people employed by an employer is to be determined using the same method of calculation as is set out in regulation 4 of the Information and Consultation of Employees Regulations 2004^f1 (calculation of number of employees), but

(b)

references in that regulation to the previous twelve months are to be taken as references to the period of twelve months ending with the date of the proposal to make a listed change to which regulation 6 of these Regulations applies.”.

In regulation 4 (excluded employers: occupational pension schemes), omit paragraphs (1)(f), (2) and (3).

For regulation 5 (excluded employers: personal pension schemes), substitute—

“Excluded employers: personal pension schemes

5

This regulation excludes any employer in relation to a personal pension scheme where no employer contributions fall to be paid towards the scheme.”.