Section 87A — Pensions Act 2008: Power to create exceptions from the employer duties etc

Power to create exceptions from the employer duties etc 87A 1 The Secretary of State may by regulations provide for exceptions to the employer duties; and an exception may in particular—

a turn an employer duty into a power;

b be framed by reference to a description of worker, particular circumstances or in some other way.

2 But the regulations may not provide for an exception for employers of a particular size.

3 Regulations which make provision under subsection (1)(a) may make provision modifying this Part or regulations made under it in connection with that provision.

4 The regulations may make provision in connection with the coming to an end of the state of affairs that caused an exception to apply, including provision—

a modifying this Part or regulations made under it in relation to a person;

b for the purpose of putting a person, wholly or partly, in the position he or she would have been in if the exception had never applied.

5 In this section “ employer duties ” means any duty of an employer under any provision of sections 2 to 11 and 54 or of regulations made under those sections.