Explanatory note

These Regulations further amend the Occupational Pension Schemes (Contracting-out) Regulations 1984 (“the principal Regulations”).

When an employer is giving to earners and others notice that he intends to elect for the issue of a contracting-out certificate, the notice must usually specify a date of expiry at least 3 months after it is given. Regulation 3(4) of the principal Regulations provides an exception, and regulation 2(2) of these Regulations, by substituting a new paragraph (4), amends the exception. An earlier date is permissible if it is at least one month after the notice is given, and if it is assented to in writing by all independent trade unions (if any) recognised to any extent for the purpose of collective bargaining in relation to the earners concerned. It is no longer necessary to obtain the permission of the Occupational Pensions Board.

Regulation 2(3) amends regulation 6 of the principal Regulations so that an election must be accompanied by a statement that the employer has given notices of intention to make the election, but need no longer be accompanied by a copy of the notice.

Regulation 2(4) makes to regulation 10 of the principal Regulations, which deals with notices of intention to make elections for the variation or surrender of contracting-out certificates, a similar amendment to that made by regulation 2(2) to regulation 3 of the principal Regulations.

Where the consent of the Occupational Pensions Board to an alteration of the rules of a contracted-out scheme is required, the Board may, under regulation 41 of the principal Regulations, require notice of the intended alteration to be given to earners and others specifying a date by which representations about matters in the notice may be made to specified persons. Usually the date must not be earlier than 3 months from the date of the giving of the notice. Regulation 2(5) makes to regulation 41 of the principal Regulations a similar amendment to that made by regulation 2(2) to regulation 3 of the principal Regulations and also removes a requirement that the notice must contain a statement that representations may be made to the Occupational Pensions Board.

The report of the Occupational Pensions Board on the draft of these Regulations, dated 3rd June 1987, is contained in Command Paper (Cmnd 163) published by Her Majesty’s Stationery Office.