Statutory Instruments
2012 No. 2480 (C. 97)
Pensions
The Pensions Act 2008 (Commencement No. 14 and Supplementary Provisions) Order 2012
Made
27th September 2012
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 2008(1).
Citation and interpretation
1.—(1) This Order may be cited as the Pensions Act 2008 (Commencement No. 14 and Supplementary Provisions) Order 2012.
Commencement of provision
2. The day appointed for the coming into force of section 87 of the Pensions Act 2008 is 1st October 2012.
Supplementary provisions
3.—(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 1999(2), 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 Webb
Minister of State,
Department for Work and Pensions
27th September 2012
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 |