2012 No. 2480 (C. 97)

Pensions

The Pensions Act 2008 (Commencement No. 14 and Supplementary Provisions) Order 2012

Made

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 144(2)(a) and 149(1) of the Pensions Act 20081.

Citation and interpretation1

1

This Order may be cited as the Pensions Act 2008 (Commencement No. 14 and Supplementary Provisions) Order 2012.

Commencement of provision2

The day appointed for the coming into force of section 87 of the Pensions Act 2008 is 1st October 2012.

Supplementary provisions3

1

Where an employer is making deductions from a person’s remuneration in accordance with a request under section 3(5) (duty of employers to facilitate access to stakeholder pension schemes) of the Welfare Reform and Pensions Act 19992, paragraph (2) of this article applies.

2

Where the person withdraws a request to the employer to make deductions in accordance with section 3(5) of that Act, that employer must notify the person—

a

that the employer is no longer required to make deductions from the person’s remuneration and pay contributions to the trustees or managers of the stakeholder pension scheme; and

b

that the person may still be able to make payments directly to the stakeholder pension scheme, subject to the rules of that scheme or the terms and conditions of any contract governing that scheme.

Signed by authority of the Secretary of State for Work and Pensions.

Steve WebbMinister of State,Department for Work and Pensions
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 87 (stakeholder pension schemes) of the Pensions Act 2008 (c.30) (‘the 2008 Act’) which amends section 3 of the Welfare Reform and Pensions Act 1999 (c.30), on 1st October 2012.

Section 3 of the Welfare Reform and Pensions Act 1999 relates to the duty of employers to designate a stakeholder pension scheme for relevant employees. Section 3, as amended by section 87 of the 2008 Act, requires employers to continue to deduct contributions from the remuneration of those relevant employees who are contributing to a stakeholder pension scheme before the coming into force of section 87, and to pass those contributions to the scheme.

Article 2 brings section 87 of the 2008 Act into force on 1st October 2012, the date on which the employer duties in sections 2 to 9 of the 2008 Act first apply to employers.

Article 3 makes supplementary provisions which apply from 1st October 2012, requiring an employer to notify an employee of the consequences of having made a request to cease making deductions.

This instrument has a savings impact on the private sector and civil society organisations. An assessment of that impact has been made. A copy of that assessment is available in the Libraries of both Houses of Parliament and alongside the instrument on www.legislation.gov.uk. Copies may also be obtained from the Better Regulation Unit of the Department for Work and Pensions, Caxton House, Tothill Street, London SW1H - 9NA or on the Department for Work and Pensions website: http://www.dwp.gov.uk/publications/impact-assessments.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order.

Provision

Date of Commencement

S.I.No.

Section 1

30th June 2012

2012/1682

Section 2 (for all other purposes)

30th June 2012

2012/1682

Section 3 (for all other purposes)

30th June 2012

2012/1682

Section 5 (for all other purposes)

30th June 2012

2012/1682

Section 6 (for all other purposes)

30th June 2012

2012/1682

Section 7 (for all other purposes)

30th June 2012

2012/1682

Section 8 (for all other purposes)

30th June 2012

2012/1682

Section 9 (for all other purposes)

30th June 2012

2012/1682

Section 10 (for all other purposes)

30th June 2012

2012/1682

Section 13 (for all other purposes)

30th June 2012

2012/1682

Section 14

6th March 2012

2012/683

Section 15 (for all other purposes)

30th June 2012

2012/1682

Section 15A

7th March 2012

2012/683

Section 16 (for all other purposes)

30th June 2012

2012/1682

Section 17 (for all other purposes)

30th June 2012

2012/1682

Section 18 (for all other purposes)

30th June 2012

2012/1682

Section 19

30th June 2012

2012/1682

Section 20 (for all other purposes)

30th June 2012

2012/1682

Section 21 (for all other purposes)

30th June 2012

2012/1682

Section 22 (for all other purposes)

30th June 2012

2012/1682

Section 24 (for all other purposes)

30th June 2012

2012/1682

Section 26 (for all other purposes)

30th June 2012

2012/1682

Section 28

7th March 2012

2012/683

Section 29 (for all other purposes)

30th June 2012

2012/1682

Section 30 (for all other purposes)

30th June 2012

2012/1682

Section 31

30th June 2012

2012/1682

Section 32 (for all other purposes)

30th June 2012

2012/1682

Section 33 (for all other purposes)

30th June 2012

2012/1682

Section 34

30th June 2012

2012/1682

Section 35

30th June 2012

2012/1682

Section 36

30th June 2012

2012/1682

Section 37 (for all other purposes)

30th June 2012

2012/1682

Section 38 (for all other purposes)

30th June 2012

2012/1682

Section 39

30th June 2012

2012/1682

Section 40 (for all purposes other than paragraph (d) of subsection (1) (commenced for certain purposes)

30th June 2012

2012/1682

Section 41 (for all purposes other than paragraph (d) of subsection (1) (commenced for certain purposes)

30th June 2012

2012/1682

Section 42

30th June 2012

2012/1682

Section 43 (for all other purposes)

30th June 2012

2012/1682

Section 44

30th June 2012

2012/1682

Section 45

30th June 2012

2012/1682

Section 46

30th June 2012

2012/1682

Section 47

30th June 2012

2012/1682

Section 48

30th June 2012

2012/1682

Section 49 (partially)

3rd January 2012

2011/3033

Section 49 (for all other purposes)

30th June 2012

2012/1682

Section 50

30th June 2012

2012/1682

Section 51

30th June 2012

2012/1682

Section 52 (for all other purposes)

30th June 2012

2012/1682

Section 53

30th June 2012

2012/1682

Section 54 (for all other purposes)

30th June 2012

2012/1682

Section 55

30th June 2012

2012/1682

Section 56

30th June 2012

2012/1682

Section 57 (except for subsection (3))

30th June 2012

2012/1682

Section 58 (for all other purposes)

30th June 2012

2012/1682

Section 59

30th June 2012

2012/1682

Section 61

30th June 2012

2012/1682

Sections 62 to 64

26th January 2009

2009/82

Section 65

16th March 2011

2011/664

Section 66

30th June 2012

2012/1682

Section 74

1st July 2009

2009/1566

Section 75 (for all remaining purposes)

5th July 2010

2010/10

Section 76

5th July 2010

2010/10

Section 88

30th June 2012

2012/1682

Section 89

30th June 2012

2012/1682

Section 90

30th June 2012

2012/1682

Section 91

30th June 2012

2012/1682

Section 92

30th June 2012

2012/1682

Section 93

30th June 2012

2012/1682

Section 94

30th June 2012

2012/1682

Section 95

30th June 2012

2012/1682

Section 96 (for all other purposes)

30th June 2012

2012/1682

Section 97 (for all other purposes)

30th June 2012

2012/1682

Section 99

5th July 2010

2010/10

Section 100

6th April 2009

2009/82

Section 101 (partially)

6th April 2009

2009/82

Section 101 (for all other purposes)

6th April 2009

2009/809

Section 103(1) and (3) (partially)

8th April 2010

2010/1221

Section 104 (partially)

3rd January 2012

2011/3033

Section 106

6th April 2012

2011/1266

Sections 107 to 119

6th April 2011

2011/664

Section 120 (partially)

6th March 2011

2011/664

Section 120 (for all other purposes)

6th April 2011

2011/664

Section 121 (partially)

6th March 2011

2011/664

Section 121 (for all other purposes)

6th April 2011

2011/664

Section 122 (partially)

1st April 2009

2009/809

Section 123

6th April 2011

2011/664

Section 124(2) and (6) (partially)

19th December 2008

2008/3241

Section 124(2) and (6) (for all remaining purposes)

31st March 2010

2010/1145

Section 126 (for all remaining purposes)

29th June 2009

2009/1566

Section 127

30th June 2012

2012/1682

Section 128

26th January 2009

2009/82

Section 129 (partially)

26th February 2010

2010/467

Section 130

6th April 2009

2009/82

Section 132

26th January 2009

2009/82

Section 138

26th January 2009

2009/82

Section 139

6th April 2009

2009/82

Section 148 (partially)

6th April 2009

2009/82

Section 148 (partially)

6th April 2011

2011/664

Section 148 (partially)

6th April 2012

2011/1266

Schedule 1 (for all remaining purposes)

5th July 2010

2010/10

Schedule 2 Parts 1 and 3

6th April 2009

2009/82

Schedule 2 Part 2

6th April 2009

2009/809

Schedule 4 (partially)

3rd January 2012

2011/3033

Schedule 5 (partially)

6th April 2011

2011/664

Schedule 6 (partially)

6th March 2011

2011/664

Schedule 6 (for all other purposes)

6th April 2011

2011/664

Schedule 7 (partially)

6th March 2011

2011/664

Schedule 7 (for all other purposes)

6th April 2011

2011/664

Schedule 8 (partially)

1st April 2009

2009/809

Schedule 9 (for all remaining purposes)

29th June 2009

2009/1566

Schedule 10 (partially)

26th February 2010

2010/467

Schedule 11 Part 2

6th April 2009

2009/82

Schedule 11 Part 3

6th April 2012

2011/1266

Schedule 11 Part 4

6th April 2011

2011/664