Amendment of the Employers’ Duties (Implementation) Regulations 2010

2.—(1) The Employers’ Duties (Implementation) Regulations 2010(1) are amended as follows.

(2) In regulation 3 (early automatic enrolment)(2)—

(a) in paragraph (4)—

(i) at the beginning of sub-paragraph (b) insert—

“where, on the date the employer notifies the Regulator in accordance with sub-paragraph (c), the duty in section 3(2) of the Act (automatic enrolment) applies in relation to at least one of that employer’s jobholders,”;

(ii) in sub-paragraph (b) for “was” substitute “is”; and

(iii) for head (i) of sub-paragraph (c) substitute—

“(i) where paragraph (5)(a) or (d) applies, on or before the early automatic enrolment date;”; and

(b) in paragraph (5)—

(i) in sub-paragraph (b), omit “or”; and

(ii) at the end of sub-paragraph (c), insert—

“or

(d) in the case of an employer who has no jobholder to whom the duty in section 3(2) of the Act applies on the date the employer notifies the Regulator in accordance with paragraph (4)(c)(i), any date which is earlier than the staging date corresponding to that employer’s description.”.

(3) In regulation 4 (staging of the employers’ duties)(3)—

(a) omit paragraphs (2) and (3); and

(b) omit the second column of the table (date before which notification to automatically enrol early must be sent).

(1)

S.I. 2010/4.

(2)

Regulation 3 has been amended by S.I. 2012/215 and 1813.

(3)

Regulation 4 has been amended by S.I. 2012/1813.