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Part 2Order of the National Employment Savings Trust applicable from 25 May 2018Composition and functions of the panels(iii) without prejudice to the generality ofparagraph (iv), providing comments to theTrustee where the panel is consulted by it onthe preparation or revision of a statement ofinvestment principles; and8.(1)The Trustee must make provision in relation to –(a)the composition of the panels;(b)the selection, appointment and removal of theirmembers; and(c)the functions of the panels.(2)Such provision must –(a)ensure that, in relation to each panel, theminimum number of members of the panel is 9and the maximum number is 15;(b)(c)(d)ensure that the members’ panel cannot becomprised entirely of individuals who are notmembers of the Scheme;ensure that the employers’ panel cannot becomprised entirely of individuals who are not aparticipating employer or connected with suchan employer;provide for the functions of the employers’ panelto include –(i) without prejudice to the generality ofparagraph (ii), providing comments to theTrustee where the employers’ panel isconsulted by the Trustee on the preparationor revision of a statement of investmentprinciples; and(ii) giving any assistance or advice that theTrustee may require or that the panel mayconsider expedient, in connection with theoperation, development or amendment ofthe Scheme.(e)(3)In relation to the report referred to inparagraph (2)(e)(i) –(a)the Trustee must make provision for themembers’ panel to send a copy of it to theSecretary of State and the Trustee;(b)the Trustee must make it available by –(i) placing a copy of it on the internet; and(ii) subject to sub-paragraph (c), sending a copyof it to any person who requests a copy; and(c)where the Trustee makes a charge in connectionwith the sending under sub-paragraph (b)(ii) of acopy of the report, the Trustee is not obliged tosend the copy until the Trustee has receivedpayment of the charge.(4)Where the members’ panel has been established,the Trustee must, before it prepares or revises astatement of investment principles, consultthat panel.(5)In this article –(a)“financial year” means the 12 months ending on31 March in each year; and(b)“statement of investment principles” –provide for the functions of the members’ panelto include –(i) in Great Britain, has the same meaning as insection 35 of the Pensions Act 1995; and(i) in relation to each financial year, making areport on the extent to which the Trustee hastaken into account the views of members ofthe Scheme and the views of the members’panel (with respect to views which the panel isable to express pursuant to its functions),when the Trustee makes decisions about theoperation, development or amendment ofthe Scheme;(ii) in Northern Ireland, has the same meaning asin Article 35 of the Pensions (NorthernIreland) Order 1995.(ii) participating in the process for theappointment of an individual as a member orchair of the corporation, as set outin article 5;Nest(iv) giving any assistance or advice which theTrustee may require or which the panel mayconsider expedient, in connection with theoperation, development or amendment ofthe Scheme.Payments to members of the panels9.(1)The Trustee may make provision for reasonablepayments to be made to members of the panels.(2)Any payments made under paragraph (1) shallbe regarded as part of the general costs ofadministration and management of the Schemefor the purposes of article 27.nestpensions.org.uk 9

Part 3Order of the National Employment Savings Trust applicable from 25 May 2018Part 3Functions of the TrusteeDisclosure of requested data to theSecretary of State10.(1)This article applies where the Secretary of State(S) requests the disclosure of information held bythe Trustee (“requested information”)which are –(a)not personal data; and(b)in any event, anonymised.(2)The Trustee must disclose requested informationto S if the information is necessary for S orthe Trustee –(a)to comply with any –(i) legal obligation (in particular the duty of S toestablish a pension scheme, contained insection 67 of the Act); or(b)gives to S its reasons for considering that this isthe case, it need disclose to S only so much ofthe requested information as is agreed with S.(5)The matters are –(a)the assessment by S of the performance,administration or management of the Scheme; or(b)the use by S for functions relating to privatepensions policy or retirement planning.(6)In this article, “private pensions policy” has thesame meaning as in paragraph 4 of Schedule 10to the Pensions Act 2004 and “retirementplanning” has the same meaning as inparagraph 2 of that Schedule.Disclosure of relevant personal data tothe Secretary of State11.(1)This article applies where the Trustee isrequested by the Secretary of State (S) to obtainthe consent of one or more –(a)members of the Scheme; orwhich, if S did not receive that information,would result in a breach of that obligation orrequirement; or(b)participating employers,(b)to comply with any request made by a personappointed by S under section 74 of the Act toreview any of the matters listed in subsection (1)of that section.(2)The Trustee may contact any number ofmembers or participating employers to obtaintheir consent, as the Trustee sees fit to complywith the request of S.(3)The Trustee must disclose requested informationto S for the purpose of the matters listed inparagraph (5) where the Trustee considers thatto comply with S’s request would not involvedisproportionate cost, time or effort.(3)Where –(a)consent is given, the Trustee may then discloserelevant personal data to S; or(b)consent is not given, the Trustee must notdisclose any relevant personal data to S.(4)Where paragraph (3)(a) applies –(a)the Trustee must only disclose relevant personaldata to S after satisfying itself that there is asecure means of disclosing them, agreed with S;(b)S may contact the person from whom theconsent was obtained; and(c)S must state to that person S’s specified andlawful purposes related to research.(ii) requirement to notify or otherwise informanother person,(4)Where the Trustee –(a)considers that to comply with S’s request wouldinvolve disproportionate cost, time or effort; and10in order that those members or participating employersmay be contacted by S for the purpose of research.nestpensions.org.uk Nest

Part 3(5)Order of the National Employment Savings Trust applicable from 25 May 2018In this article, “relevant personal data” meanspersonal data which enable S to contact amember of the Scheme or a participatingemployer of a member of the Scheme, and mayinclude a person’s –(a)email address;(b)address; or(c)telephone number.Disclosure: references to theSecretary of State(b)the member’s choice to direct assets of theScheme attributable to their pension account toany particular investment fund.(3)In so far as paragraph (1) would exclude liabilityfor the acts or defaults of a fund manager in theexercise of a discretion delegated to such aperson under –(a)in Great Britain, section 34(5)(b) of the PensionsAct 1995; or(b)in Northern Ireland, Article 34(5)(b) of thePensions (Northern Ireland) Order 1995, liabilityfor such acts or defaults is only excludedprovided that the steps set out in the provisionspecified in paragraph (4) have been taken bythe Trustee.12.1)In articles 10 and 11, references to the Secretaryof State apply equally to –(a)a person providing services to, or on behalf of,the Secretary of State or the Northern IrelandDepartment; or(4)The specified provision is –(a)in Great Britain, section 34(6) of the PensionsAct 1995; and(b)the Northern Ireland Department.(b)2)In this article, “the Northern IrelandDepartment” means the Department for SocialDevelopment in Northern Ireland.in Northern Ireland, Article 34(6) of the Pensions(Northern Ireland) Order 1995.(5)The Trustee may in accordance with paragraph(7) indemnify itself or the members or staff of thecorporation against any losses, costs anddamages it or they may incur in connection withthe administration or management of theScheme except for losses, costs or damagesarising from –(a)an act or omission which amounts to a breach oftrust and arises from its or their own wilful act oromission, fraud or dishonesty;(b)a liability which cannot be excluded or restricted,by virtue of –Protection13.(1)(a)(b)Subject to paragraph (3), the Trustee and themembers and staff of the corporation shall notbe liable for any act or omission in connectionwith the administration or management of theScheme except –an act or omission which amounts to a breach oftrust and arises from its or their own wilful act oromission, fraud or dishonesty; orwhere the liability is a liability that cannot beexcluded or restricted, by virtue of –(i) in Great Britain, section 33 of the PensionsAct 1995; or(2)(a)Nest(i) in Great Britain, section 33 of the PensionsAct 1995; or(ii) in Northern Ireland, Article 33 of the Pensions(Northern Ireland) Order 1995; or(c)a liability to pay a fine or penalty –(ii) in Northern Ireland, Article 33 of the Pensions(Northern Ireland) Order 1995.(i) in Great Britain, as described in section 256(1)of the Pensions Act 2004; orWithout prejudice to the generality of paragraph(1), the reference in paragraph (1) to liability forany act or omission in connection with theadministration or management of the Schemeincludes a reference to liability for any loss,however caused, occasioned to a member of theScheme by –(ii) in Northern Ireland, as described in Article233(1) of the Pensions (Northern Ireland)Order 2005.the arrangement by the Trustee of investmentfunds under article 29(2); or(6)The Trustee may insure –(a)the Scheme against any loss caused by itself, themembers or staff of the corporation, orits agents; ornestpensions.org.uk 11

Part 3(b)Order of the National Employment Savings Trust applicable from 25 May 2018itself, the members or staff of the corporationagainst any losses, costs or damages arisingfrom a liability in connection with theadministration or management of the Schemeexcept for a liability –(i) which arises from an act or omission whichamounts to a breach of trust and arises fromits or their own wilful act or omission, fraud ordishonesty;(ii) that cannot be excluded or restricted, byvirtue of section 33 of the Pensions Act 1995(in relation to Great Britain) or Article 33 ofthe Pensions (Northern Ireland) Order 1995 (inrelation to Northern Ireland); or(iii) to pay a fine or penalty as described insection 256(1) of the Pensions Act 2004 (inrelation to Great Britain) or Article 233(1) ofthe Pensions (Northern Ireland) Order 2005(in relation to Northern Ireland).(7)(8)Where the Trustee decides to indemnify itself, orthe members or staff of the corporation, underparagraph (5), the losses, costs or damages inquestion shall be regarded for the purposes ofarticle 27 as part of the general costs ofadministration and management of the Scheme.Where the Trustee decides to take out insuranceunder paragraph (6), the costs of taking out theinsurance shall be regarded, for the purposes ofarticle 27, as part of the general costs ofadministration and management of the Scheme.Steps for increasing awarenessof the Scheme14.The Trustee may take such steps as it considersappropriate for increasing awareness andunderstanding of the Scheme in order that employersand individuals who may be admitted as members ofthe Scheme may assess whether they wish to usethe Scheme.12Power to make rules15.The Trustee may make rules and may revoke, amendor re-enact any rules made by it or theSecretary of State.Application of the Trustee Act 200016.The Trustee Act 2000 applies as if this Order and anyrules were a trust instrument.Information about the Scheme17.(1)The Trustee must as soon as possible followingthe preparation of any of the documentsspecified in paragraph (2), make the documentavailable by placing a copy of it on the internet.(2)The specified documents are –(a)a document of the kind referred to –(i) in Great Britain, in regulation 6(1) of theOccupational Pension Schemes (Disclosure ofInformation) Regulations 1996; or(ii) in Northern Ireland, in regulation 6(1) of theOccupational Pension Schemes (Disclosure ofInformation) Regulations (NorthernIreland) 1997;(b)the annual report of the corporation sent to theSecretary of State under paragraph 17 ofSchedule 1 to the Act; and(c)the annual statement of accounts of thecorporation prepared under paragraph 20 ofSchedule 1 to the Act.nestpensions.org.uk Nest

Part 4Order of the National Employment Savings Trust applicable from 25 May 2018Part 4Scheme membership andemployer participation(2)Where paragraph (1)(a), (b) or (c) applies and therelevant duty arises by virtue of the employersatisfying the conditions in regulation 3(3) and(4) of the Employers’ Duties (Implementation)Regulations 2010 (or, in Northern Ireland, theconditions in regulation 3(3) or (4) of theEmployers’ Duties (Implementation) Regulations(Northern Ireland) 2010), then paragraph (1)applies as if –(a)for “must admit” there were substituted “mayadmit”; and(b)“on condition that the employer agrees toemployer terms and conditions” were omitted.(3)Where –(a)in relation to Great Britain, sections 2 to 9 ofthe Act; or(b)in relation to Northern Ireland, sections 2 to 9 ofthe NI Act,Duty to admit employers18.(1)(a)Subject to paragraph (2), the Trustee must admitto participation in the Scheme, on condition thatthe employer agrees to employer terms andconditions –an employer of a jobholder that wishes tocomply with its duty in relation to thejobholder under –(i) in relation to Great Britain, section 3(2), 5(2)or 7(3) of the Act; or(ii) in relation to Northern Ireland, section 3(2),5(2) or 7(3) of the NI Act, by arranging for thejobholder to become a member of theScheme or by making arrangements inrelation to the jobholder as referred to inarticle 19(6A);(b)an employer of a jobholder that wishes toarrange for the jobholder to become a memberof the Scheme or to make arrangements inrelation to the jobholder as referred to in article19(6A), for the purposes of –(i) in relation to Great Britain, section 2(3) of theAct (in connection with the duty under section2(1) of the Act); ordo not yet apply in relation to an employer, theTrustee may admit the employer to participationin the Scheme in the circumstances specified inparagraph (4).(3A) Where an employer wishes to arrange for aworker to become a member of the Schemeother than in accordance with –(a)in relation to Great Britain, section 2 to 9of the Act; or(b)in relation to Northern Ireland, sections 2 to 9 ofthe NI Act,(ii) in relation to Northern Ireland, section 2(3) ofthe NI Act (in connection with the duty undersection 2(1) of the NI Act); and(c)an employer of a worker that wishes to complywith its duty in relation to the worker under –(i) in relation to Great Britain, section 9(2) ofthe Act; or(ii) in relation to Northern Ireland, section 9(2) ofthe NI Act, by arranging for the worker tobecome a member of the Scheme or bymaking arrangements in relation to theworker as referred to in article 19(6A).Nestthe Trustee may admit the employer toparticipation in the Scheme in the circumstancesspecified in paragraph (4).(4)The specified circumstances are where –(a)the employer is an employer of a worker who –(i) works or ordinarily works in the UnitedKingdom under the worker’s contract; and(ii) is aged at least 16 and under 75; and(b)the employer wishes to arrange for the worker tobecome a member of the Scheme or wishes tomake arrangements in relation to the worker asreferred to in article 19(6A).nestpensions.org.uk 13

Part 4(5)Order of the National Employment Savings Trust applicable from 25 May 2018Where an employer is admitted to participationin the Scheme under this article, it is admittedwith respect to any jobholder or worker of theemployer who may at any time be admitted as amember of the Scheme, or with respect to whomarrangements may at any time be made asreferred to in article 19(6A).(2)Subject to paragraph (6), where –(a)in relation to Great Britain, sections 2 to 9 ofthe Act; or(b)in relation to Northern Ireland, sections 2 to 9 ofthe NI Act,do not yet apply in relation to a participatingemployer, the Trustee may admit as a member ofthe Scheme a worker employed by the employerin the circumstances specified in paragraph (3).(5A) A participating employer may, by giving noticeto the Trustee, terminate its participation in theScheme in accordance with rules.(6)In this article, “employer terms and conditions”means terms and conditions, provided for byrules, for admittance of employers toparticipation in the Scheme.Admittance of members19.(1)Subject to paragraph (6), the Trustee must admitas a member of the Scheme –(a)a jobholder employed by a participatingemployer, where the employer wishes to complywith its duty in relation to the jobholder under –(i) in relation to Great Britain, section 3(2), 5(2)or 7(3) of the Act; or(ii) in relation to Northern Ireland, section 3(2),5(2) or 7(3) of the NI Act, by arranging for thejobholder to become a member ofthe Scheme;(b)a jobholder employed by a participatingemployer, where the employer wishes to makearrangements for the jobholder to become amember of the Scheme for the purposes of –(i) in relation to Great Britain, section 2(3) of theAct (in connection with the duty in section 2(1)of the Act); or(ii) in relation to Northern Ireland, section 2(3) ofthe NI Act (in connection with the duty insection 2(1) of the NI Act); and(c)a worker employed by a participating employer,where the employer wishes to comply with itsduty in relation to the worker under –(i) in relation to Great Britain, section 9(2)of the Act;(ii) in relation to Northern Ireland, section 9(2) ofthe NI Act,by arranging for the worker to become a member ofthe Scheme.14(2A) Subject to paragraph (6), where an employerwishes to arrange for a worker to become amember of the Scheme other than inaccordance with –(a)in relation to Great Britain, sections 2 to 9of the Act; or(b)in relation to Northern Ireland, section 2 to 9 ofthe NI Act,the Trustee may admit as a member of theScheme a worker employed by the employer inthe circumstances specified in paragraph (3).(3)The specified circumstances are where –(a)the worker is a worker who –(i) is working or ordinarily works in the UnitedKingdom under the worker’s contract; and(ii) is aged at least 16 and under 75; and(b)the employer and the worker wish the worker tobecome a member of the Scheme.(4)Subject to paragraph (6), the Trustee must admitas a member a person who wishes to join theScheme and who is –(a)a self-employed person aged at least 16 andunder 75, who is working or ordinarily works inthe United Kingdom and who is not a qualifyingself-employed person;(b)a single person director aged at least 16 andunder 75, who is working or ordinarily works inthe United Kingdom and who is not aqualifying person; or(c)a person entitled to a pension credit as referredto in article 31(1)(a)(i).(4A) Subject to paragraph (6), the Trustee may admitas a member of the Scheme a person if –(a)the conditions set out –(i) in relation to Great Britain, in paragraphs (2)and (3) of regulation 12 of the PreservationRegulations (transfer of member’s accruedrights without consent); ornestpensions.org.uk Nest

Part 4Order of the National Employment Savings Trust applicable from 25 May 2018(ii) in relation to Northern Ireland, in paragraphs(2) and (3) of regulation 12 of the NIPreservation Regulations (transfer ofmember’s accrued rights without consent),are satisfied in relation to that person; and(b)the employer referred to –(i) in relation to Great Britain, in regulation 12(2)of the Preservation Regulations as theemployer of persons to which the receivingscheme relates; or(ii) in relation to Northern Ireland, in regulation12(2) of the NI Preservation Regulations as theemployer of persons to which the receivingscheme relates,is a participating employer and is makingcontributions to the Scheme in respect of oron behalf of a jobholder.(4B) Subject to paragraph (6), the Trustee may admitas a member of the Scheme a person if –(a)in relation to Great Britain, a scheme providesfor a transfer of accrued rights in accordancewith section 73(2)(a) of the Pension SchemesAct 1993; or(b)in relation to Northern Ireland, a schemeprovides for a transfer of accrued rights inaccordance with section 69(2) (a) of the PensionSchemes (Northern Ireland) Act 1993in relation to that person, and the employer ofpersons to which the receiving scheme relates isa participating employer and is makingcontributions to the Scheme in respect of or onbehalf of a jobholder.(5)In this article –(a)a person is self-employed if the person is inemployment but is not employed (in relation tothat employment) by someone else;(b)(c)in sub-paragraph (a), “employment” includesany trade, business, profession, officeor vocation;a “single person director” means aperson who is –(i) a director of a company; and(ii) employed by the company under a contractof employment, where the company does notemploy any other persons under a contractof employment;(d)Nestin sub-paragraph (c), a company includes anybody corporate.(6)Where a person has already been admitted as amember of the Scheme

Employment Savings Trust (Amendment) Order 2018 (SI 2018/368) and the Data Protection Act 2018 Nest nestpensions.org.uk 3 The order The National Employment Savings Trust Order 2010 as amended1 on 1 April 2013, 1 April 2017, 6 April 2018 and 25 May 2018 Effective from 25 May 2018 — 2010 no. 917. The Secretary of State makes the following Order in exercise of the powers conferred by sections .