Automatic Enrolment Retirement Savings System Act 2024

Power to provide for selection of more than one risk level

71. (1) The Minister may by regulations provide—

(a) that, in circumstances specified in the regulations, a participant may, under section 70 (2), select different risk levels in relation to different parts of the participant’s contributions, and

(b) for this Part to apply, for the purposes of provision under paragraph (a), in relation to a part of a participant’s contributions as it would apply, but for the regulations, in relation to the participant’s contributions as a whole.

(2) Before making regulations under subsection (1) the Minister shall request the Authority to carry out an assessment of the existing operation of this Part.

(3) The Minister may make regulations under subsection (1) only if—

(a) the making of the regulations is recommended—

(i) by the Authority after carrying out an assessment in accordance with a request under subsection (2), and

(ii) by one or more persons appointed by the Minister to consider the matter,

and

(b) the Minister is satisfied that it is in the interests of participants to make the regulations.

(4) A person may be appointed for the purposes of subsection (3)(a)(ii) only if the Minister is satisfied that the person is sufficiently independent of the Minister and the Authority.