The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006

Application E+W+S

3.—(1) These Regulations apply to—

(a) in the case of an occupational pension scheme which is not a multi-employer scheme—

(i) any relevant employer, and

(ii) if there is a relevant employer, the trustees or managers of the scheme;

(b) in the case of a multi-employer scheme in relation to which there are one or more relevant employers—

(i) each relevant employer,

(ii) the trustees or managers of the scheme, and

(iii) any other person who, under the rules of the scheme, has the power to make a listed change affecting the scheme M1 ; and

(c) in the case of a personal pension scheme where direct payment arrangements exist in respect of one or more members of the scheme who are his employees, a relevant employer.

[F1 (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 (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.]

(3) In these Regulations references to a personal pension scheme are to a personal pension scheme falling within paragraph (1)(c).

Textual Amendments

F1 Reg. 3(2)-(2B) substituted for reg. 3(2) (6.4.2006) by The Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/778), regs. 1(1)(b), 10(2)

Marginal Citations

M1 The persons referred to in regulation 3(1)(b)(iii) are specified by virtue of modifications of sections 259 and 261 of the Pensions Act 2004 which are made by the Occupational Pension Schemes (Consultation by Employers) (Modification for Multi-employer Schemes) Regulations 2006 (S.I. 2006/16).