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The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010

S.I. 2010/772 · Made 11 March 2010 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 August 2022.

Pensions

Made 11th March 2010

Coming into force 1st October 2012

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 111A(15)(b), 181 M1 and 182(2) and (3) of the Pension Schemes Act 1993 M2, sections 49(8), 124(1) M3 and 174(2) and (3) of the Pensions Act 1995 M4 and sections 2(3), 3(2), (5) and (6), 4(1) and (3), 5(2) and (4), (6), (7) and (8), 6(1)(b) and (2), 7(4), (5) and (6), 8(2)(b), (3), (4), (5) and 8(6), 9(3), 10, 15, 16(2) and (3)(c), 18(c), 22(4) to (7), 23(1)(b) and (3), 24(1)(a) and (b), 25, 27, 30(6)(c), 33(2), 37(3), 99 M5 and 144(2) and (4) of the Pensions Act 2008 M6.

In accordance with section 185(1) of the Pension Schemes Act 1993 and section 120(1) of the Pensions Act 1995, the Secretary of State has consulted with such persons as the Secretary of State considers appropriate.

A draft of these Regulations was laid before Parliament in accordance with section 143(4) and (5)(a) and (b) of the Pensions Act 2008 and approved by a resolution of each House of Parliament.

Annotations to the whole text

Marginal citations

M1

Section 181 of the Pension Schemes Act 1993 is cited for the meaning it gives to “prescribed” and “regulations”.

M2

1993 c.48; section 111A(15) was inserted by section 9 of the Welfare Reform and Pensions Act 1999 (c.30).

M3

Section 124(1) of the Pensions Act 1995 is cited for the meaning it gives to “prescribed” and “regulations”.

M4

1995 c.26; section 49(8) was substituted for section 49(8) as originally enacted by section 10 of the Welfare Reform and Pensions Act 1999.

M5

Section 99 of the Pensions Act 2008 is cited for the meaning it gives to “prescribed” and “regulations”.

M6

2008 c.30.

Contents

  1. Part 1: Citation, commencement and interpretation
  2. 1Citation, commencement ... and interpretation
  3. 2Enrolment information
  4. 3Jobholder information
  5. 4Pay reference periods for the purposes of sections 1(1)(c), 3(1)(c) and 5(1)(c) of the Act
  6. 5Pay reference periods for the purposes of section 20(1)(b) and (c) and section 26(4)(b) and (5)(b) of the Act
  7. Part 1A: Exemption and Exceptions
  8. 5AExemption of European employers
  9. 5BNotice of termination of employment
  10. 5CFormer members
  11. 5DTax protection
  12. 5EWinding-up lump sum
  13. 5EACompany directors
  14. 5EBLimited liability partnerships
  15. 5FEffect of exercise of discretion
  16. Part 2: Automatic enrolment, opt out and refunds
  17. 6Arrangements to achieve active membership
  18. 7Regulation 7
  19. 8Regulation 8
  20. 9Opting Out
  21. 10Regulation 10
  22. 11Refunds
  23. Part 3: Automatic re-enrolment
  24. 12Automatic re-enrolment dates
  25. 13Arrangements to achieve active membership
  26. 14Jobholders excluded from automatic re-enrolment Repealed
  27. 15Opting out
  28. 16Refunds
  29. Part 4: Jobholders opting in to pension saving
  30. 17Information on the right to opt in to pension saving Repealed
  31. 18Opt in notices and arrangements to achieve active membership
  32. 19Opting out
  33. 20Refunds
  34. Part 5: Workers joining pension saving
  35. 21Information to be given to workers
  36. 22Form and content of joining notices
  37. 23Arrangements to achieve active membership
  38. Part 6: Postponement of automatic enrolment or disapplication of automatic enrolment
  39. 24Prescribed requirements for the purposes of section 4(1), (2) and (3) of the Act
  40. 25Postponement of the automatic enrolment date Repealed
  41. 26Cases in which automatic enrolment may be postponed Repealed
  42. Part 7: Automatic enrolment following the transitional period for defined benefit and hybrid schemes
  43. 27Notice to be given under section 30(3) of the Act
  44. 28Arrangements to achieve active membership
  45. 29Regulation 29
  46. 30Opting out
  47. 31Regulation 31
  48. 32Refunds
  49. Part 7A: Certification that a quality or alternative requirement is satisfied
  50. 32AEffect of a certificate under section 28 of the Act
  51. 32BGiving of a certificate, retention and disclosure
  52. 32CForm of certificate
  53. 32DRenewal of Certificate
  54. 32EAlternative requirements for a money purchase scheme
  55. 32EAAlternative quality requirements for a collective money purchase scheme
  56. 32FAlternative requirements for a personal pension scheme
  57. 32GAlternative requirements for a hybrid scheme
  58. 32HScheme not to be treated as satisfying the relevant quality requirement in certain circumstances
  59. 32IContributions under alternative requirements during transitional periods
  60. 32JPension schemes based in an EEA State other than the United Kingdom Repealed
  61. 32KDefinitions
  62. Part 7B
  63. Chapter Alternative quality requirements: UK defined benef
  64. 32LAlternative quality requirements for UK defined benefits schemes
  65. 32MAlternative quality requirements for UK defined benefits schemes
  66. Part 8: Existing members of qualifying schemes
  67. 33Information Repealed
  68. 34Continuity of scheme membership Repealed
  69. Part 9: Automatic enrolment schemes
  70. 35Further conditions applicable to automatic enrolment schemes
  71. Part 10: Exclusion as a qualifying scheme
  72. 36Certain schemes providing average salary benefits excluded from being qualifying schemes
  73. Part 11: Test Scheme
  74. 37Test scheme: requirements to revalue accrued benefits and increase pensions in payment
  75. 38Appropriate age
  76. 39Requirements for meeting the test scheme standard
  77. 39ALump sum test scheme requirements
  78. Part 12: Hybrid schemes
  79. 40Interpretation
  80. 41Modification of test scheme standard: money purchase benefit lump sum accruals Repealed
  81. 42Modification of test scheme standard: final salary lump sum accruals Repealed
  82. 43Modification allowing different quality requirements to be satisfied in aggregate
  83. Part 13: Non-UK Pension Schemes
  84. 44Description of an occupational pension scheme with its main administration outside the United Kingdom
  85. 45Quality requirements: non-UK occupational pension schemes
  86. 46Regulation 46
  87. 47Prescribed requirements for non-UK qualifying schemes
  88. 47AMeaning of “provider”
  89. Part 14: Due dates
  90. 48Amendment of the Occupational Pension Schemes (Scheme Administration) Regulations 1996
  91. 49Amendment of the Personal Pension Schemes (Payments by Employers) Regulations 2000
  92. 50Due Date for the purposes of section 37(3) of the Act
  93. Part 15: Special occupations
  94. 51Police members appointed other than under a contract of employment
  95. 52Persons working on vessels
  96. Part 16: Review
  97. 53Regulation 53
  98. Signature
  99. Schedule 1Information for workers
  100. Schedule 2: Information
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. 3Paragraph 3 Repealed
  104. 4Paragraph 4
  105. 5Paragraph 5
  106. 6Paragraph 6
  107. 7Paragraph 7 Repealed
  108. 8Paragraph 8
  109. 9Paragraph 9
  110. 10Paragraph 10
  111. 11Paragraph 11
  112. 12Paragraph 12
  113. 13Paragraph 13
  114. 14Paragraph 14
  115. 15Paragraph 15
  116. 16Paragraph 16
  117. 17Paragraph 17
  118. 18Paragraph 18
  119. 19Paragraph 19 Repealed
  120. 20Paragraph 20
  121. 21Paragraph 21
  122. 22Paragraph 22
  123. 23Paragraph 23 Repealed
  124. 24Paragraph 24
  125. 25Paragraph 25 Repealed
  126. Explanatory note