Part 1Pension scheme membership for jobholders

Chapter 8Application and interpretation

F1Exceptions

87APower to create exceptions from the employer duties etc

(1)

The Secretary of State may by regulations provide for exceptions to the employer duties; and an exception may in particular—

(a)

turn an employer duty into a power;

(b)

be framed by reference to a description of worker, particular circumstances or in some other way.

(2)

But the regulations may not provide for an exception for employers of a particular size.

(3)

Regulations which make provision under subsection (1)(a) may make provision modifying this Part or regulations made under it in connection with that provision.

(4)

The regulations may make provision in connection with the coming to an end of the state of affairs that caused an exception to apply, including provision—

(a)

modifying this Part or regulations made under it in relation to a person;

(b)

for the purpose of putting a person, wholly or partly, in the position he or she would have been in if the exception had never applied.

(5)

In this section “employer duties” means any duty of an employer under any provision of sections 2 to 11 and 54 or of regulations made under those sections.