2

A person who opts out under paragraph (1) ceases to be an active member of this Section of the Scheme on the date the notice takes effect and, if applicable, any contributions made by or on behalf of the person for a period of membership after the date on which the notice was effective must be refunded.

4

A person to whom paragraph (1)(a) of regulation 156 applies in respect of an employment who gives notice in writing under paragraph (1) of this regulation within one month of the date of commencing that HSC employment, is treated as not having become an active member by virtue of that regulation.

5

A notice under paragraph (1) shall cease to have effect on the day immediately preceding, as the case may be, the person’s—

a

automatic enrolment date, or

b

automatic re-enrolment date: this does not apply where the notice was given within 12 months immediately preceding that date.

8

This regulation does not apply to a person to whom sections 3, 5 or 8 of the 2008 Act24 and regulations 9 or 15 of the 2010 Regulations25 applies (that is, a person who is subject to automatic enrolment or automatic re-enrolment in this Section of the Scheme as a qualifying scheme who does not wish to participate in it): this paragraph does not affect the rights of such a person who subsequently becomes a member of this Section of the Scheme in circumstances where those provisions of the 2008 Act and 2010 Regulations do not apply.