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Pensions Act 2004, Section 261 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In this section “consultation regulations” means regulations under section 259 or 260.
(2)Consultation regulations may—
(a)make provision about the time to be allowed for consultation;
(b)prescribe the information which must be provided to the persons who are required to be consulted;
(c)confer a discretion on the employer in prescribed cases as to the persons who are to be consulted;
(d)make provision about the representatives the employees may have for the purposes of the regulations and the methods by which those representatives are to be selected;
(e)require or authorise the holding of ballots;
(f)amend, apply with or without modifications, or make provision similar to, any provision of the Employment Rights Act 1996 (c. 18) (including, in particular, Parts 5, 10 and 13), the Employment Tribunals Act 1996 (c. 17) or the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52);
(g)enable any requirement for consultation imposed by the regulations to be waived or relaxed by order of the Regulator;
(h)require the employer to communicate to the trustees and managers of the scheme any representations received by the employer in response to any consultation required by the regulations.
(3)Persons on whom obligations are imposed by consultation regulations, either as employers or as the trustees or managers of occupational pension schemes, must, if so required by the Regulator, provide information to the Regulator about the action taken by them for the purpose of complying with the regulations.
(4)Consultation regulations may make provision as to—
(a)the information to be provided under subsection (3);
(b)the form and manner in which the information is to be provided;
(c)the period within which the information is to be provided.
(5)Nothing in consultation regulations is to be regarded as affecting any duty to consult arising otherwise than under the regulations.
Modifications etc. (not altering text)
C1S. 261 modified (2.2.2006) by The Occupational Pension Schemes (Consultation by Employers) (Modification for Multi-employer Schemes) Regulations 2006 (S.I. 2006/16), regs. 1(2), 2
Commencement Information
I1S. 261 in force at 1.1.2006 for specified purposes and 6.4.2006 in so far as not already in force by S.I. 2005/3331, art. 2(5), Sch. Pt. 5
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