“Jobholders excluded from automatic re-enrolment14.

(1)

Section 5(2) of the Act does not apply in the cases to which paragraphs (2) and (3) apply.

(2)

This paragraph applies where, in relation to re-enrolment in a case under section 5(1) of the Act, within the period of 12 months before the automatic re-enrolment date referred to in regulation 12(1)—

(a)

the jobholder ceased to be an active member of a qualifying scheme because of an action or omission by the jobholder or by the employer at the jobholder’s request; or

(b)

the jobholder gave notice under section 8 of the Act.

(3)

This paragraph applies where, in relation to re-enrolment in a case under section 5(1B) of the Act10, the jobholder has ceased to be an active member of the qualifying scheme in question because of any action or omission by the employer and the action or omission was at the jobholder’s request.”.