- Latest available (Revised)
- Point in Time (01/08/2014)
- Original (As made)
Version Superseded: 06/04/2016
Point in time view as at 01/08/2014.
There are currently no known outstanding effects for the The Employers' Duties (Registration and Compliance) Regulations 2010,
PART 2
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
2.—(1) An employer must provide information to the Regulator in the following cases—
(a)after the staging date for that employer;
(b)where the staging period has ended, within a period starting from the day on which PAYE income is payable in respect of any worker; or
(c)(i)where an employer makes arrangements under section 5(2) of the Act (automatic re-enrolment) by which a jobholder becomes an active member of an automatic enrolment scheme with effect from an automatic re-enrolment date, or
(ii)where 3 years have passed since an employer last provided information to the Regulator.
(2) Where an employer must provide the Regulator with information under [F1regulation 3 or 4 but the final day of the period in regulation 3(1)] or 4(1) which applies to that employer is not a working day, an employer may provide the Regulator with information on or before the next working day (and for the purposes of this paragraph “working day” means a day which is not a Saturday, Sunday, bank holiday or other public holiday).
(3) In this regulation—
(a)“bank holiday” means a day specified in paragraphs 1 and 2 of Schedule 1 to the Banking and Financial Dealings Act 1971 M1; and
(b)“information” means the information specified in regulations 3 and 4 required to be provided to the Regulator about action employers have taken or intend to take for the purposes of–
(i)sections 2 to 9 of the Act, or
(ii)any regulations made under those sections.
Textual Amendments
F1Words in reg. 2(2) substituted (1.7.2012) by The Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/215), regs. 1(2)(c), 10
Marginal Citations
M11971 c.80. Paragraph 2 was amended by the St. Andrew's Day Bank Holiday (Scotland) Act 2007 (2007 asp 2), section 1.
3.—(1) Where—
(a)paragraph (1)(a) of regulation 2 applies, an employer must provide the information specified in paragraphs (2) and (3) of this regulation within the period of [F25 months] starting from the staging date; or
(b)paragraph (1)(b) of regulation 2 applies, an employer must provide the information specified in paragraphs (2) and (3) of this regulation within the period of [F25 months] starting from the day on which PAYE income is payable in respect of any worker,
in relation to each of its PAYE schemes.
(2) The specified information is—
(a)the employer's–
(i)[F3name,] address and postcode, and
[F4(ii)registered companies house number where one exists or, where such a number does not exist—
[F5(aa)the number under which the employer is registered as a registered society within the meaning given by section 1(1) of the Co-operative and Community Benefit Societies Act 2014;]
(bb)but if the number mentioned in sub-paragraph (aa) does not exist, the employer’s registered charity number;
(cc) but if the number mentioned in sub-paragraph (bb) does not exist, the employer’s VAT registration number, if one exists; ]
(b)(i)the name, telephone number, ordinary working address, and
(ii)email address, where one exists,
of any person providing that specified information on behalf of the employer;
(c)the capacity in which the person providing the information in sub-paragraph (a) works for (or has a relationship to) that employer;
(d)where the employer must arrange active membership of an automatic enrolment scheme under section 3(2) of the Act–
[F6(i)subject to paragraph (iii) the number of jobholders automatically enrolled with effect from—
(aa)the employer’s staging date;
(bb)where sub-paragraph (aa) does not apply and the employer has not used a deferral date the date the employer’s duties first apply to the employer;
F7 ... ]
(ii)if the employer uses more than one pension scheme under those arrangements, the number of jobholders who became active members of each pension scheme; [F8and
(iii)on the deferral date—
(aa)the deferral date or the last such date where the employer uses more than one; and
(bb)the number of jobholders automatically enrolled with effect from that date;]
[F9(e) where an employer is subject to transitional arrangements under section 30 of the Act (transitional period for defined benefits and hybrid schemes) the number of jobholders to whom that section applies; ]
[F10(f) the number of workers in an employer’s PAYE scheme who, immediately before whichever is applicable of—
(i)the staging date; or
(ii)the day on which the employers’ duties first apply to the employer,
were active members of a qualifying scheme or, if the employer uses more than one qualifying scheme to comply with the employers’ duties, each of those schemes;]
(g)the number of workers in an employer's PAYE scheme in respect of whom sub-paragraphs (d), (e) or (f) of this paragraph do not apply.
(3) Where an employer must arrange for a jobholder to become an active member of an automatic enrolment scheme under section 3(2) of the Act, that employer must also provide the following information to the Regulator about any pension scheme used to comply with those duties—
(a)where that scheme–
(i)is an occupational pension scheme, its name and, unless registrable information has already been provided to the Regulator by the trustees or managers of that scheme, its address, or
(ii)is a personal pension scheme, the name and address of the provider of that scheme; and
(b)the employer pension scheme reference.
(4) All information provided to the Regulator by (or on behalf of) an employer under this regulation must be accompanied by a declaration that the information is, to the best of the employer's knowledge and belief, correct and complete.
Textual Amendments
F2Words in reg. 3(1) substituted (1.4.2014) by The Automatic Enrolment (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/2556), regs. 1(2), 4(2)
F3Words in reg. 3(2)(a)(i) inserted (1.7.2012) by The Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/215), regs. 1(2)(c), 11(3)(a)(i)
F4Reg. 3(2)(a)(ii) substituted (1.7.2012) by The Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/215), regs. 1(2)(c), 11(3)(a)(ii)
F5Reg. 3(2)(a)(ii)(aa) substituted (1.8.2014) by The Co-operative and Community Benefit Societies and Credit Unions Act 2010 (Consequential Amendments) Regulations 2014 (S.I. 2014/1815), reg. 1(2), Sch. para. 27
F6Reg. 3(2)(d)(i) substituted (1.7.2012) by The Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/215), regs. 1(2)(c), 11(3)(b)(i)
F7Word in reg. 3(2)(d)(i) omitted (1.7.2012) by virtue of The Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/215), regs. 1(2)(c), 11(3)(b)(ii)
F8Reg. 3(2)(d)(iii) and word inserted (1.7.2012) by The Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/215), regs. 1(2)(c), 11(3)(b)(iii)
F9Reg. 3(2)(e) substituted (1.7.2012) by The Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/215), regs. 1(2)(c), 11(3)(c)
F10Reg. 3(2)(f) substituted (1.7.2012) by The Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/215), regs. 1(2)(c), 11(3)(d)
4.—(1) Where—
(a)paragraph (1)(c)(i) of regulation 2 applies, an employer must provide the information specified in paragraph (3) of this regulation within the period of [F112 months] starting from an automatic re-enrolment date, in relation to each of its PAYE schemes; or
(b)paragraph (1)(c)(ii) of that regulation applies, an employer must provide the information specified in paragraph (3) of this regulation at the end of 3 years starting from the last provision of information to the Regulator, in relation to each of its PAYE schemes,
and the time at which an employer provides that information is referred to in this regulation as the point of re-registration.
(2) Paragraph (1)(a) applies in the case of an automatic re-enrolment date occurring by virtue of section 6(1)(b) of the Act but not in relation to any of the cases described in subsections (3) to (5) of that section.
(3) The specified information is—
(a)that specified in paragraph (2)(a) to (c) of regulation 3;
(b)that specified in paragraph (3)(a) and (b) of that regulation;
(c)where the employer must arrange active membership of an automatic enrolment scheme for any worker who is a jobholder under section 5(2) of the Act–
(i)the number of jobholders automatically [F12re-enrolled], as at the point of re-registration, F13...
(ii)if the employer uses more than one pension scheme under those arrangements, the number of jobholders automatically [F12re-enrolled] into each pension scheme, as at the point of re-registration; [F14and
(iii)the automatic re-enrolment date;]
(d)where an employer is subject to [F15section 30] of the Act, the number of jobholders to whom those sections apply;
[F16(e) the number of workers in an employer’s PAYE scheme who, immediately before whichever is applicable of—
(i)the automatic re-enrolment date; or
(ii)the point of re-registration,
were active members of a qualifying scheme or, if the employer uses more than one qualifying scheme to comply with the employers’ duties, each of those schemes;]
(f)the number of workers in an employer's PAYE scheme in respect of whom sub-paragraphs (c), (d) or (e) of this paragraph do not apply.
(4) All information provided to the Regulator by (or on behalf of) an employer under this regulation must be accompanied by a declaration that the information is, to the best of the employer's knowledge and belief, correct and complete.
Textual Amendments
F11Words in reg. 4(1) substituted (1.4.2014) by The Automatic Enrolment (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/2556), regs. 1(2), 4(3)
F12Word in reg. 4(3)(c)(i)(ii) substituted (1.7.2012) by The Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/215), regs. 1(2)(c), 12(b)(aa), (i)
F13Word in reg. 4(3)(c)(i) omitted (1.7.2012) by virtue of The Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/215), regs. 1(2)(c), 12(b)(bb), (i)
F14Reg. 4(3)(c)(iii) and word inserted (1.7.2012) by The Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/215), regs. 1(2)(c), 12(b)(cc), (i)
F15Words in reg. 4(3)(d) substituted (1.7.2012) by The Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/215), regs. 1(2)(c), 12(b)(ii)
F16Reg. 4(3)(e) substituted (1.7.2012) by The Automatic Enrolment (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/215), regs. 1(2)(c), 12(b)(iii)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: