63 Duty of the Regulator to issue scheme return notices
(1) The Regulator must issue scheme return notices in accordance with this section requiring scheme returns to be provided in respect of registrable schemes.
(2) In respect of each registrable scheme, the Regulator—
(a) must issue the first scheme return notice in accordance with subsection (3), and
(b) must issue subsequent scheme return notices in accordance with subsection (4).
(3) The return date specified in a scheme return notice issued in respect of a scheme under subsection (2)(a)—
(a) must fall within the period of three years beginning with—
(i) the date on which the Regulator receives a notice under section 62(2)(a) in respect of the scheme, or
(ii) if earlier, the date on which the Regulator first becomes aware that the scheme is a registrable scheme, and
(b) if the trustees or managers have complied with paragraph (b) of section 62(2), must fall after the end of the period of one year beginning with the date on which they provided the information required by that paragraph to the Regulator.
(3A) But subsection (3)(a) has effect as if the reference to three years were a reference to five years if—
(a) the trustees or managers have complied with paragraph (b) of section 62(2),
(b) the information they provided under that paragraph included the number of members of the scheme, and
(c) that number was no more than 4.
(4) The return date specified in a scheme return notice issued in respect of a scheme under subsection (2)(b) must fall—
(a) within the period of three years, but
(b) after the end of the period of one year,
beginning with the return date specified in the previous scheme return notice issued in respect of the scheme.
(4A) But subsection (4)(a) has effect as if the reference to three years were a reference to five years if—
(a) on the date on which the previous scheme return notice was issued, the number of members of the scheme was recorded in the register, and
(b) that number was no more than 4.
64 Duty of trustees or managers to provide scheme return
(1) The trustees or managers of a registrable scheme in respect of which a scheme return notice is issued must, on or before the return date, provide a scheme return to the Regulator.
(2) If a scheme return in respect of a scheme is not provided in compliance with subsection (1), section 10 of the Pensions Act 1995 (c. 26) (civil penalties) applies to any trustee or manager of the scheme who has failed to take all reasonable steps to secure compliance.
(1) This section has effect for the purposes of sections 63 and 64.
(2) In those sections and this section, in relation to a scheme return notice—
“return date” means the date specified under subsection (3)(b) in the scheme return notice;
“scheme return” means a document in the form (if any) specified in the scheme return notice, containing the information required by the notice.
(3) A scheme return notice must specify—
(a) the descriptions of information required by it, and
(b) the return date,
and may specify the form in which that information is to be provided.
(4) A scheme return notice in respect of a registrable scheme—
(a) must require all registrable information in relation to the scheme, and
(b) may require other information which the Regulator reasonably requires for the purposes of the exercise of its functions in relation to the scheme.
(5) The return date specified in a scheme return notice must fall after the end of the period of 28 days beginning with the date on which the notice is issued.
(6) A scheme return notice must be in writing and is treated as issued in respect of a registrable scheme when it is sent to the trustees or managers of the scheme.
(1) The Regulator must keep in such manner as it thinks fit a register (“the prohibition register”) of—
(a) all persons who are prohibited under section 3 of the Pensions Act 1995, and
(b) all persons appearing to the Regulator to be prohibited under section 3A of that Act.
(2) Arrangements made by the Regulator for the prohibition register must secure that the contents of the register are not disclosed or otherwise made available to members of the public except in accordance with section 67.
(3) Nothing in subsection (2) requires the Regulator to exclude any matter from a report published under section 89 (reports of Regulator’s consideration of cases).
67 Accessibility of register of prohibited trustees
(1) The Regulator must make arrangements to secure that the prohibition register is open, during its normal working hours, for inspection in person and without notice at—
(a) the principal office used by it for the carrying out of its functions, and
(b) such other of its offices (if any) as it considers to be places where it would be reasonable for a copy of the register to be kept open for inspection.
(2) If a request is made to the Regulator—
(a) to state whether a particular person identified in the request is a person appearing in the prohibition register as prohibited in respect of an occupational trust scheme specified in the request,
(b) to state whether a particular person so identified is a person appearing in that register as prohibited in respect of a particular description of occupational trust schemes so specified, or
(c) to state whether a particular person so identified is a person appearing in that register as prohibited in respect of all occupational trust schemes,
the Regulator must promptly comply with the request in such manner as it considers reasonable.
(3) The Regulator may, in such manner as it considers appropriate, publish a summary of the prohibition register if (subject to subsections (6) to (8)) the summary—
(a) contains all the information described in subsection (4),
(b) arranges that information in the manner described in subsection (5),
(c) does not (except by identifying a person as prohibited in respect of all occupational trust schemes, in respect of a particular description of such schemes or in respect of a particular such scheme) identify any of the schemes in respect of which persons named in the summary are prohibited, and
(d) does not disclose any other information contained in the register.
(4) That information is—
(a) the full names and titles, so far as the Regulator has a record of them, of all the persons appearing in the register as persons who are prohibited,
(b) the dates of birth of such of those persons as are persons whose dates of birth are matters of which the Regulator has a record, and
(c) in the case of each person whose name is included in the published summary, whether that person appears in the register—
(i) as prohibited in respect of only one occupational trust scheme,
(ii) as prohibited in respect of one or more particular descriptions of such schemes, but not in respect of all such schemes, or
(iii) as prohibited in respect of all such schemes.
(5) For the purposes of paragraph (c) of subsection (4), the information in the published register must be arranged in three separate lists, one for each of the descriptions of prohibition specified in the sub-paragraphs of that paragraph.
(6) The Regulator must ensure, in the case of any published summary, that a person is not identified in the summary as a prohibited person if it appears to the Regulator that the determination by virtue of which that person appears in the register—
(a) is the subject of any pending reference, review, appeal or legal proceedings which could result in that person’s removal from the register, or
(b) is a determination which might still become the subject of any such reference, review, appeal or proceedings.
(7) The Regulator must ensure, in the case of any published summary, that the particulars relating to a person do not appear in a particular list mentioned in subsection (5) if it appears to the Regulator that a determination by virtue of which that person’s particulars would appear in that list—
(a) is the subject of any pending reference, review, appeal or legal proceedings which could result in such a revocation or other overturning of a prohibition of that person as would require his particulars to appear in a different list, or
(b) is a determination which might still become the subject of any such reference, review, appeal or proceedings.
(8) Where subsection (7) prevents a person’s particulars from being included in a particular list in the published summary, they must be included, instead, in the list (if any) in which they would have been included if the prohibition to which the reference, review, appeal or proceedings relate or might relate had already been revoked or otherwise overturned.
(9) For the purposes of this section a determination is one which might still become the subject of a reference, review, appeal or proceedings if, and only if, in the case of that determination—
(a) the time for the making of an application for a review or reference, or for the bringing of an appeal or other proceedings, has not expired, and
(b) there is a reasonable likelihood that such an application might yet be made, or that such an appeal or such proceedings might yet be brought.
(10) In this section—
“name”, in relation to a person any of whose names is recorded by the Regulator as an initial, means that initial;
“occupational trust scheme” means an occupational pension scheme established under a trust.
The Regulator may collect any information which appears to it to be relevant to the exercise of the functions of the Board of the Pension Protection Fund.
(1) Except where the Regulator otherwise directs, the appropriate person must give notice of any notifiable event to the Regulator.
(2) In subsection (1) “notifiable event” means—
(a) a prescribed event in respect of an eligible scheme, or
(b) a prescribed event in respect of the employer in relation to an eligible scheme.
(3) For the purposes of subsection (1)—
(a) in the case of an event within subsection (2)(a), each of the following is “the appropriate person”—
(i) the trustees or managers of the scheme,
(ii) a person of a prescribed description, and
(b) in relation to an event within subsection (2)(b), each of the following is “the appropriate person”—
(i) the employer in relation to the scheme,
(ii) a person of a prescribed description.
(4) A notice under subsection (1)—
(a) must be in writing, and
(b) subject to subsection (5), must be given as soon as reasonably practicable after the person giving it becomes aware of the notifiable event.
(5) Regulations may require a notice under subsection (1) to be given before the beginning of the prescribed period ending with the notifiable event in question.
(6) No duty to which a person is subject is to be regarded as contravened merely because of any information or opinion contained in a notice under this section.
This is subject to section 311 (protected items).
(7) Where the trustees or managers of a scheme fail to comply with an obligation imposed on them by subsection (1), section 88A (financial penalties) applies in relation to any trustee or manager who has failed to take all reasonable steps to secure compliance with that subsection.
(8) Section 88A also applies to any other person who, without reasonable excuse, fails to comply with an obligation imposed on him by subsection (1).
(9) In this section—
“eligible scheme” has the meaning given by section 126;
“event” includes a failure to act.
69A Duty to give notices and statements to the Regulator in respect of certain events
(1) Except where the Regulator otherwise directs, the appropriate person must—
(a) give notice to the Regulator of any notifiable event;
(b) give notice to the Regulator of any material change in, or in the expected effects of, a notifiable event;
(c) give notice to the Regulator if a notifiable event is not going to, or does not, take place.
(2) In subsection (1) “notifiable event” means a prescribed event in respect of the employer in relation to an eligible scheme.
(3) For the purposes of subsection (1) each of the following is “the appropriate person”—
(a) the employer in relation to the scheme,
(b) a person connected with the employer,
(c) an associate of the employer, and
(d) a person of a prescribed description.
(4) Regulations may make provision about the meaning of a “material change” for the purposes of this section.
(5) A notice under subsection (1) must be given to the Regulator—
(a) in the case of a notice under subsection (1)(a), as soon as reasonably practicable after the person giving it becomes aware of the notifiable event, subject to subsection (6),
(b) in the case of a notice under subsection (1)(b), as soon as reasonably practicable after the person giving it becomes aware of the material change, subject to subsection (6), or
(c) in the case of a notice under subsection (1)(c), as soon as reasonably practicable after the person giving it becomes aware that the notifiable event is not going to take place or (as the case may be) did not take place.
(6) Regulations may require a notice under subsection (1)(a) or (b) to be given before the beginning of the prescribed period ending with—
(a) the notifiable event in question, or
(b) the material change in question.
(7) A notice under subsection (1)(a) or (b) must be accompanied by a statement (an “accompanying statement”).
(8) An accompanying statement must contain prescribed information.
(9) The information that may be prescribed under subsection (8) includes, in particular—
(a) a description of the event,
(b) a description of any adverse effects of the event on the eligible scheme,
(c) a description of any steps taken to mitigate those adverse effects, and
(d) a description of any communication with the trustees or managers of the eligible scheme about the event.
(10) Where a person gives the Regulator a notice under subsection (1), the person must give a copy of the notice and any accompanying statement to the trustees or managers of the eligible scheme at the same time.
(11) A notice or accompanying statement under this section must be in writing.
(12) No duty to which a person is subject is to be regarded as contravened merely because of any information or opinion contained in a notice or accompanying statement under this section.
This is subject to section 311 (protected items).
(13) Section 88A (financial penalties) applies to a person who, without reasonable excuse, fails to comply with an obligation imposed on the person by this section.
(14) For the purposes of this section—
(a) section 249 of the Insolvency Act 1986 (connected persons) applies as it applies for the purposes of any provision of the first Group of Parts of that Act,
(b) section 435 of the Insolvency Act 1986 (associated persons) applies as it applies for the purposes of that Act, and
(c) section 229 of the Bankruptcy (Scotland) Act 2016 (associated persons) applies as it applies for the purposes of that Act.
(15) In this section—
“eligible scheme” has the meaning given by section 126;
“event” includes a failure to act.
(1) Subsection (2) imposes a reporting requirement on the following persons—
(a) a trustee or manager of an occupational or personal pension scheme;
(aa) a member of the pension board of a public service pension scheme;
(b) a person who is otherwise involved in the administration of an occupational or personal pension scheme;
(c) the employer in relation to an occupational pension scheme;
(d) a professional adviser in relation to such a scheme;
(e) a person who is otherwise involved in advising the trustees or managers of an occupational or personal pension scheme in relation to the scheme;
(f) a scheme strategist or scheme funder of a Master Trust scheme within the meaning of Part 1 of the Pension Schemes Act 2017 (see section 39 of that Act).
(2) Where the person has reasonable cause to believe that—
(a) a duty which is relevant to the administration of the scheme in question, and is imposed by or by virtue of an enactment or rule of law, has not been or is not being complied with, and
(b) the failure to comply is likely to be of material significance to the Regulator in the exercise of any of its functions,
he must give a written report of the matter to the Regulator as soon as reasonably practicable.
(3) No duty to which a person is subject is to be regarded as contravened merely because of any information or opinion contained in a written report under this section.
This is subject to section 311 (protected items).
(4) Section 10 of the Pensions Act 1995 (c. 26) (civil penalties) applies to any person who, without reasonable excuse, fails to comply with an obligation imposed on him by this section.
70A Duty to report late payment of employer contributions
(1) Where—
(a) any amount payable under a public service pension scheme by or on behalf of an employer in relation to the scheme by way of contributions is not paid on or before the date on which it is due under the scheme, and
(b) the scheme manager has reasonable cause to believe that the failure is likely to be of material significance to the Regulator in the exercise of any of its functions,
the scheme manager must give a written report of the matter to the Regulator as soon as reasonably practicable.
(2) No duty to which a person is subject is to be regarded as contravened merely because of any information or opinion contained in a written report under this section.
This is subject to section 311 (protected items).
(3) Section 10 of the Pensions Act 1995 (civil penalties) applies to any person who, without reasonable excuse, fails to comply with an obligation imposed on him by this section.
(1) The Regulator may issue a notice (a “report notice”) to—
(a) the trustees or managers of a work-based pension scheme,
(b) any employer in relation to such a scheme, ...
(ba) in the case of a work-based scheme which is a public service pension scheme, a member of the pension board of the scheme, or
(c) any person who is otherwise involved in the administration of a work-based pension scheme,
requiring them or, as the case may be, him to provide the Regulator with a report on one or more specified matters which are relevant to the exercise of any of the Regulator’s functions.
(2) A report notice must require the person appointed to make the report to be a person—
(a) nominated or approved by the Regulator, and
(b) appearing to the Regulator to have the skills necessary to make a report on the matter or matters concerned.
(3) A report notice may require the report to be provided to the Regulator—
(a) in a specified form;
(b) before a specified date.
(4) The costs of providing a report in accordance with a report notice must be met by the person to whom the notice is issued (“the notified person”).
(5) But a report notice may require a specified person (other than the Regulator) to reimburse to the notified person the whole or any part of the costs of providing the report.
(6) Where, by virtue of subsection (5), an amount is required to be reimbursed by a specified person to the notified person, that amount is to be treated as a debt due from the specified person to the notified person.
(7) If the trustees or managers of a work-based pension scheme fail to comply with a report notice issued to them, section 10 of the Pensions Act 1995 (civil penalties) applies to any trustee or manager who has failed to take all reasonable steps to secure compliance.
(8) That section also applies to any other person who, without reasonable excuse, fails to comply with a report notice issued to him.
(9) Where a report notice is issued, any person who is providing (or who at any time has provided) services to the notified person in relation to a matter on which the report is required must give the person appointed to make the report such assistance as he may reasonably require.
(10) The duty imposed by subsection (9) is enforceable, on the application of the Regulator, by an injunction or, in Scotland, by an order for specific performance under section 45 of the Court of Session Act 1988 (c. 36).
(11) In this section—
“specified”, in relation to a report notice, means specified in the notice;
“work-based pension scheme” has the same meaning as in section 5 (Regulator’s objectives).
(1) The Regulator may, by notice in writing, require any person to whom subsection (2) applies to produce any document, or provide any other information, which is—
(a) of a description specified in the notice, and
(b) relevant to the exercise of the Regulator’s functions.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) This subsection applies to—
(a) a trustee or manager of an occupational or personal pension scheme,
(aa) a member of the pension board of a public service pension scheme,
(b) a professional adviser in relation to an occupational pension scheme,
(c) the employer in relation to—
(i) an occupational pension scheme, or
(ii) a personal pension scheme where direct payment arrangements exist in respect of one or more members of the scheme who are employees, and
(d) any other person appearing to the Regulator to be a person who holds, or is likely to hold, information relevant to the exercise of the Regulator’s functions.
(3) Where the production of a document, or the provision of information, is required by a notice given under subsection (1), the document must be produced, or information must be provided, in such a manner, at such a place and within such a period as may be specified in the notice.
(1) The Regulator may, by notice in writing, require any person to whom section 72(2) applies to attend before the Regulator, at a time and place specified in the notice, to answer questions and provide explanations on one or more matters specified in the notice that are relevant to the exercise of any of the Regulator's functions.
(2) A notice under subsection (1) must contain such other information as may be prescribed.
(1) An inspector may, for the purposes of investigating whether, in the case of any occupational pension scheme, the occupational scheme provisions are being, or have been, complied with, at any reasonable time enter premises liable to inspection.
(2) In subsection (1), the “occupational scheme provisions” means provisions contained in or made by virtue of—
(a) any of the following provisions of this Act—
this Part;
Part 3 (scheme funding);
sections 241 to 243 (member-nominated trustees and directors);
sections 247 to 249 (requirement for knowledge and understanding);
section 252 (UK-based scheme to be trust with effective rules);
section 253 (non-UK scheme to be trust with UK-resident trustee);
section 255 (activities of occupational pension schemes);
section 256 (no indemnification for fines or civil penalties);
sections 259 and 261 (consultation by employers);
...
Part 9 (miscellaneous and supplementary);
(b) either of the following provisions of the Welfare Reform and Pensions Act 1999 (c. 30)—
section 33 (time for discharge of pension credit liability);
section 45 (information);
(c) any of the provisions of Part 1 of the Pensions Act 1995 (c. 26) (occupational pension schemes), other than—
(i) sections 51 to 54 (indexation), and
(ii) sections 62 to 65 (equal treatment);
(d) any of the following provisions of the Pension Schemes Act 1993 (c. 48)—
Chapter 1 of Part 4ZA (transfer values);
Chapter 2 of Part 4ZA (early leavers: cash transfer sums and contribution refunds);
Chapter 2 of Part 4A (pension credit transfer values);
section 113 (information);
section 175 (levy);
(da) section 16 of the Public Service Pensions Act 2013;
(db) the Pension Schemes Act 2017;
(dc) Part 1 of the Pension Schemes Act 2021;
(e) any provisions in force in Northern Ireland corresponding to any provisions within paragraphs (a) to (dc) .
(2A) An inspector may, for the purposes of investigating whether the Regulator has grounds in the case of an occupational pension scheme for issuing—
(a) a contribution notice under section 38 (contribution notices where avoidance of employer debt),
(b) a financial support direction under section 43 (financial support directions),
(c) a contribution notice under section 47 (contribution notices where non-compliance with financial support direction),
(d) a restoration order under section 52 (restoration orders where transactions at an undervalue),
(e) a contribution notice under section 55 (contribution notice where failure to comply with restoration order), or
(f) a notice, direction or order under any corresponding provision in force in Northern Ireland,
at any reasonable time enter premises liable to inspection.
(3) An inspector may, for the purposes of investigating whether, in the case of a stakeholder scheme—
(a) sections 1 and 2(4) of the Welfare Reform and Pensions Act 1999 (stakeholder pension schemes: registration etc), or
(b) any corresponding provisions in force in Northern Ireland,
are being, or have been, complied with, at any reasonable time enter premises liable to inspection.
(4) An inspector may, for the purposes of investigating whether, in the case of any trust-based personal stakeholder scheme, the trust-based scheme provisions are being, or have been, complied with, at any reasonable time enter premises liable to inspection.
(5) In subsection (4)—
“trust-based personal stakeholder scheme” means a personal pension scheme which—
is a stakeholder scheme, and
is established under a trust;
the “trust-based scheme provisions” means any provisions contained in or made by virtue of—
any provision which applies in relation to trust-based personal stakeholder schemes by virtue of paragraph 1 of Schedule 1 to the Welfare Reform and Pensions Act 1999 (c. 30), as the provision applies by virtue of that paragraph, or
any corresponding provision in force in Northern Ireland.
(5A) An inspector may, for the purposes of investigating whether the relevant provisions are being, or have been, complied with in the case of a scheme, at any reasonable time enter premises liable to inspection.
(5B) In subsection (5A), “the relevant provisions” means provisions contained in or made by virtue of—
(a) such provisions of the pensions legislation as may be prescribed;
(b) any provisions in force in Northern Ireland corresponding to the provisions so prescribed.
(6) Premises are liable to inspection for the purposes of this section if the inspector has reasonable grounds to believe that—
(a) members of the scheme are employed there,
(b) documents relevant to the administration of the scheme are being kept there, ...
(c) the administration of the scheme, or work connected with that administration, is being carried out there.
(d) documents relevant to the administration of the business of the employer in relation to the scheme are being kept there,
(e) the administration of the business of the employer in relation to the scheme, or work connected with that administration, is being carried out there, or
(f) in the case of an occupational pension scheme other than a money purchase scheme, a prescribed scheme or a scheme of a prescribed description, documents relevant to a change in the ownership of the employer or of a significant asset of the employer are being kept there.
(6A) In the application of this section in relation to a provision mentioned in subsection (1), (2A), (3), (4) or (5A), references in this section to “employer” are to be read as having the meaning that it has for the purposes of the provision in question.
(6B) In this section a reference to an employer in relation to an occupational pension scheme includes a reference to a person who has been the employer in relation to the scheme.
(7) this section-
“the pensions legislation” means any enactment contained in or made by virtue of—
(a) the Pension Schemes Act 1993,
(b) Part 1 or section 33 or 45 of the Welfare Reform and Pensions Act 1999,
(c) this Act,
(d) Schedule 18 to the Pensions Act 2014, or
(e) section 48 or 49 of the Pension Schemes Act 2015;
“stakeholder scheme” means an occupational pension scheme or a personal pension scheme which is or has been registered under—
(a) section 2 of the Welfare Reform and Pensions Act 1999 (register of stakeholder schemes), or
(b) any corresponding provision in force in Northern Ireland.
74 Inspection of premises in respect of employers' obligations
(A1) An inspector may, for the purposes of investigating whether an employer is contravening, or has contravened—
(a) any provision of, or of regulations under, Chapter 1 of Part 1, or section 50 or 54, of the Pensions Act 2008, or
(b) any corresponding provision in force in Northern Ireland,
at any reasonable time enter premises liable to inspection.
(B1) Premises are liable to inspection for the purposes of subsection (A1) if the inspector has reasonable grounds to believe that—
(a) the employer employs workers there,
(b) documents relevant to any of the following are being kept there—
(i) the administration of the employer's business,
(ii) the duties of the employer under Chapter 1 of Part 1 of the Pensions Act 2008 or under any corresponding provision in force in Northern Ireland,
(iii) the administration of a pension scheme that is relevant to the discharge of those duties, or
(c) the administration of the employer's business, or work connected with that administration, is being carried out there.
(C1) In subsections (A1) and (B1) “employer” and “worker” have the meaning given by section 88 of the Pensions Act 2008.
(D1) In the application of subsections (A1) and (B1) in relation to any provision mentioned in subsection (A1)(b) (a “corresponding Northern Ireland provision”), references in those subsections to “employer” or “worker” are to be read as having the meaning that they have for the purposes of the corresponding Northern Ireland provision.
(1) An inspector may, for the purposes of investigating whether an employer is complying, or has complied, with the requirements under—
(a) section 3 of the Welfare Reform and Pensions Act 1999 (duty of employers to facilitate access to stakeholder pension schemes), or
(b) any corresponding provision in force in Northern Ireland,
at any reasonable time enter premises liable to inspection.
(2) Premises are liable to inspection for the purposes of subsection (1) if the inspector has reasonable grounds to believe that—
(a) employees of the employer are employed there,
(b) documents relevant to the administration of the employer’s business are being kept there, or
(c) the administration of the employer’s business, or work connected with that administration, is being carried out there.
(3) In subsections (1) and (2), “employer” has the meaning given by section 3(9) of the Welfare Reform and Pensions Act 1999 (or, where subsection (1)(b) applies, by any corresponding provision in force in Northern Ireland).
(4) An inspector may, for the purposes of investigating whether, in the case of any direct payment arrangements relating to a personal pension scheme, any of the following provisions—
(a) regulations made by virtue of sections 260 and 261 (consultation by employers),
(b) section 111A of the Pension Schemes Act 1993 (c. 48) (monitoring of employers' payments to personal pension schemes), or
(c) any corresponding provisions in force in Northern Ireland,
is being, or has been, complied with, at any reasonable time enter premises liable to inspection.
(5) Premises are liable to inspection for the purposes of subsection (4) if the inspector has reasonable grounds to believe that—
(a) employees of the employer are employed there,
(b) documents relevant to the administration of—
(i) the employer’s business,
(ii) the direct payment arrangements, or
(iii) the scheme to which those arrangements relate,
are being kept there, or
(c) either of the following is being carried out there—
(i) the administration of the employer’s business, the arrangements or the scheme;
(ii) work connected with that administration.
(6) In the application of subsections (4) and (5) in relation to any provision mentioned in subsection (4)(c) (a “corresponding Northern Ireland provision”), references in those subsections to—
direct payment arrangements,
a personal pension scheme,
the employer, or
employees of the employer,
are to be read as having the meanings that they have for the purposes of the corresponding Northern Ireland provision.
(1) Subsection (2) applies where, for a purpose mentioned in subsection (1), (2A), (3), (4) or (5A) of section 73 or subsection (A1), (1) or (4) of section 74, an inspector enters premises which are liable to inspection for the purposes of that provision.
(2) While there, the inspector—
(a) may make such examination and inquiry as may be necessary for the purpose for which he entered the premises,
(b) may require any person on the premises to produce, or secure the production of, any document relevant to compliance with the regulatory provisions for his inspection,
(c) may take copies of any such document,
(d) may take possession of any document appearing to be a document relevant to compliance with the regulatory provisions or take in relation to any such document any other steps which appear necessary for preserving it or preventing interference with it,
(e) may, in the case of any such document which consists of information which is stored in electronic form and is on, or accessible from, the premises, require the information to be produced in a form—
(i) in which it can be taken away, and
(ii) in which it is legible or from which it can readily be produced in a legible form, and
(f) may, as to any matter relevant to compliance with the regulatory provisions, examine, or require to be examined, either alone or in the presence of another person, any person on the premises whom he has reasonable cause to believe to be able to give information relevant to that matter.
(1) This section applies for the purposes of sections 73 to 75.
(2) Premises which are a private dwelling-house not used by, or by permission of, the occupier for the purposes of a trade or business are not liable to inspection.
(3) Any question whether—
(a) anything is being or has been done or omitted which might by virtue of any of the regulatory provisions give rise to a liability for a civil penalty under or by virtue of section 77A, 77B or 88A of this Act, section 10 of the Pensions Act 1995 (c. 26) or section 168(4) of the Pension Schemes Act 1993 (c. 48) (or under or by virtue of any provision in force in Northern Ireland corresponding to any of those provisions), or
(b) an offence is being or has been committed under any of the regulatory provisions,
is to be treated as a question whether the regulatory provision is being, or has been, complied with.
(4) An inspector applying for admission to any premises for the purposes of section 73 or 74 must, if so required, produce his certificate of appointment.
(5) When exercising a power under section 73, 74 or 75 an inspector may be accompanied by such persons as he considers appropriate.
(6) Any document of which possession is taken under section 75 may be retained—
(a) if the document is relevant to proceedings against any person for any offence which are commenced before the end of the retention period, until the conclusion of those proceedings, and
(b) otherwise, until the end of the retention period.
(7) In subsection (6), “the retention period” means the period comprising—
(a) the period of 12 months beginning with the date on which possession was taken of the document, and
(b) any extension of that period under subsection (8).
(8) The Regulator may, by a direction made before the end of the retention period (including any extension of it under this subsection), extend it by such period not exceeding 12 months as the Regulator considers appropriate.
(9) “The regulatory provisions”, in relation to an inspection under subsection (1), (2A), (3), (4) or (5A) of section 73 or subsection (A1), (1) or (4) of section 74, means the provision or provisions referred to in that subsection.
(1) A person who, without reasonable excuse, neglects or refuses to provide information or produce a document when required to do so under section 72 is guilty of an offence.
(1A) A person who, without reasonable excuse, neglects or refuses—
(a) to attend before the Regulator as required under section 72A(1), or
(b) to answer a question or provide an explanation on a matter specified in the notice under section 72A(1), when so attending before the Regulator,
is guilty of an offence.
(2) A person who without reasonable excuse—
(a) intentionally delays or obstructs an inspector exercising any power under section 73, 74 or 75,
(b) neglects or refuses to produce, or secure the production of, any document when required to do so under section 75, or
(c) neglects or refuses to answer a question or to provide information when so required,
is guilty of an offence.
(3) A person guilty of an offence under subsection (1) , (1A) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) An offence under subsection (1) , (1A) or (2)(b) or (c) may be charged by reference to any day or longer period of time; and a person may be convicted of a second or subsequent offence by reference to any period of time following the preceding conviction of the offence.
(5) Any person who intentionally and without reasonable excuse alters, suppresses, conceals or destroys any document which he is or is liable to be required to produce under section 72 or 75 is guilty of an offence.
(6) Any person guilty of an offence under subsection (5) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or both.
(1) The Regulator may issue a fixed penalty notice to a person if it considers that the person—
(a) has failed to comply with a notice under section 72 or 72A,
(b) has failed to comply with a requirement under section 75, or
(c) has prevented or hindered an inspector exercising any power under section 73, 74 or 75.
(2) A fixed penalty notice is a notice requiring the person to whom it is issued to pay a penalty within the period specified in the notice.
(3) The penalty—
(a) is to be determined in accordance with regulations, and
(b) must not exceed £50,000.
(4) A fixed penalty notice must—
(a) state the amount of the penalty;
(b) state the date by which the penalty must be paid, which must be at least 28 days after the date on which the notice is issued;
(c) state the period to which the penalty relates;
(d) specify the failure or conduct to which the penalty relates;
(e) state that the Regulator may issue an escalating penalty notice under section 77B if the person fails to comply with a notice under section 72 or 72A;
(f) notify the person to whom the notice is issued of the review process under section 43 of the Pensions Act 2008 and the right of referral to a tribunal under section 44 of that Act (as applied by subsection (5)).
(5) The following sections of the Pensions Act 2008 apply to a penalty notice under this section as they apply to a penalty notice under section 40 of that Act—
(a) section 42 (penalty notices: recovery);
(b) section 43 (review of penalty notices);
(c) section 44 (references to First-tier Tribunal or Upper Tribunal).
(6) This section does not apply in a case where section 40 of the Pensions Act 2008 or section 17 of the Pension Schemes Act 2017 applies.
(1) The Regulator may issue an escalating penalty notice to a person if it considers that the person has failed to comply with a notice under section 72 or 72A.
(2) But the Regulator may not issue an escalating penalty notice to a person if—
(a) the person has exercised the right of referral to a tribunal under section 44 of the Pensions Act 2008 (as applied by section 77A(5)) in respect of a fixed penalty notice issued under section 77A in relation to that notice under section 72 or 72A, and
(b) the reference has not been determined.
(3) An escalating penalty notice is a notice requiring a person to pay an escalating penalty if the person fails to comply with a notice under section 72 or 72A before a specified date.
(4) An escalating penalty is a penalty which is calculated by reference to a daily rate.
(5) The daily rate—
(a) is to be determined in accordance with regulations, and
(b) must not exceed £10,000.
(6) An escalating penalty notice must—
(a) specify the failure to which the penalty relates;
(b) state that, if the person fails to comply with the notice under section 72 or 72A before a specified date, the person will be liable to pay an escalating penalty;
(c) state the daily rate of the escalating penalty and the way in which the penalty is calculated;
(d) state the date from which the escalating penalty will be payable, which must not be earlier than the date specified in the fixed penalty notice under section 77A(4)(b);
(e) state that the escalating penalty will continue to be payable at the daily rate until the date on which the person complies with the notice under section 72 or 72A or such earlier date as the Regulator may determine;
(f) notify the person to whom the notice is issued of the review process under section 43 of the Pensions Act 2008 and the right of referral to a tribunal under section 44 of that Act (as applied by subsection (7)).
(7) The following sections of the Pensions Act 2008 apply to an escalating penalty notice under this section as they apply to an escalating penalty notice under section 41 of that Act—
(a) section 42 (penalty notices: recovery);
(b) section 43 (review of penalty notices);
(c) section 44 (references to First-tier Tribunal or Upper Tribunal).
(8) This section does not apply in a case where section 41 of the Pensions Act 2008 or section 18 of the Pension Schemes Act 2017 applies.
(1) A justice of the peace may issue a warrant under this section if satisfied on information on oath given by or on behalf of the Regulator that there are reasonable grounds for believing—
(a) that there is on, or accessible from, any premises any document—
(i) whose production has been required under section 72 or 75, or any corresponding provision in force in Northern Ireland, and
(ii) which has not been produced in compliance with that requirement,
(b) that there is on, or accessible from, any premises any document whose production could be so required and, if its production were so required, the document—
(i) would not be produced, but
(ii) would be removed, or made inaccessible, from the premises, hidden, tampered with or destroyed, or
(c) that—
(i) an offence has been committed,
(ii) a person will do any act which constitutes a misuse or misappropriation of the assets of an occupational pension scheme or a personal pension scheme,
(iii) a person is liable to pay a penalty under or by virtue of section 77A, 77B or 88A of this Act, section 10 of the Pensions Act 1995 (c. 26) (civil penalties) or section 168(4) of the Pension Schemes Act 1993 (c. 48) (civil penalties for breach of regulations), or under or by virtue of any provision in force in Northern Ireland corresponding to any of those provisions , or
(iv) a person is liable to be prohibited from being a trustee of an occupational or personal pension scheme under section 3 of the Pensions Act 1995 (prohibition orders), including that section as it applies by virtue of paragraph 1 of Schedule 1 to the Welfare Reform and Pensions Act 1999 (c. 30) (stakeholder schemes), or under or by virtue of any corresponding provisions in force in Northern Ireland,
and that there is on, or accessible from, any premises any document which relates to whether the offence has been committed, whether the act will be done or whether the person is so liable, and whose production could be required under section 72 or 75 or any corresponding provision in force in Northern Ireland.
(2) A warrant under this section shall authorise an inspector—
(a) to enter the premises specified in the information, using such force as is reasonably necessary for the purpose,
(b) to search the premises and—
(i) take possession of any document appearing to be such a document as is mentioned in subsection (1), or
(ii) take in relation to such a document any other steps which appear necessary for preserving it or preventing interference with it,
(c) to take copies of any such document,
(d) to require any person named in the warrant to provide an explanation of any such document or to state where it may be found or how access to it may be obtained, and
(e) in the case of any such document which consists of information which is stored in electronic form and is on, or accessible from, the premises, to require the information to be produced in a form—
(i) in which it can be taken away, and
(ii) in which it is legible or from which it can readily be produced in a legible form.
(3) In subsection (1), any reference in paragraph (a) or (b) to a document does not include any document which is relevant to whether a person has complied with—
(a) subsection (3) of section 238 (information and advice to employees) or regulations under subsection (4) of that section, or
(b) any provision in force in Northern Ireland which corresponds to that subsection (3) or is made under provision corresponding to that subsection (4),
and is not relevant to the exercise of the Regulator’s functions for any other reason.
(4) For the purposes of subsection (1)(c)(iii), any liability to pay a penalty under—
(a) section 10 of the Pensions Act 1995 (c. 26), or
(b) any corresponding provision in force in Northern Ireland,
which might arise out of a failure to comply with any provision within subsection (3)(a) or (b) is to be disregarded.
(5) References in subsection (2) to such a document as is mentioned in subsection (1) are to be read in accordance with subsections (3) and (4).
(6) When executing a warrant under this section, an inspector may be accompanied by such persons as he considers appropriate.
(7) A warrant under this section continues in force until the end of the period of one month beginning with the day on which it is issued.
(8) Any document of which possession is taken under this section may be retained—
(a) if the document is relevant to proceedings against any person for any offence which are commenced before the end of the retention period, until the conclusion of those proceedings, and
(b) otherwise, until the end of the retention period.
(9) In subsection (8), “the retention period” means the period comprising—
(a) the period of 12 months beginning with the date on which possession was taken of the document, and
(b) any extension of that period under subsection (10).
(10) The Regulator may, by a direction made before the end of the retention period (including any extension of it under this subsection), extend it by such period not exceeding 12 months as the Regulator considers appropriate.
(11) In the application of this section in Scotland—
(a) the reference to a justice of the peace is to be read as a reference to the sheriff, and
(b) the references in subsections (1) and (2)(a) to information are to be read as references to evidence.
(1) This section applies for the purposes of sections 72 to 78.
(2) “Document” includes information recorded in any form, and any reference to production of a document, in relation to information recorded otherwise than in a legible form, is to producing a copy of the information—
(a) in a legible form, or
(b) in a form from which it can readily be produced in a legible form.
(3) “Inspector” means a person appointed by the Regulator as an inspector.
80 Offences of providing false or misleading information
(1) Any person who knowingly or recklessly provides the Regulator with information which is false or misleading in a material particular is guilty of an offence if the information—
(a) is provided in purported compliance with a requirement under—
(i) section 62 (the register: duties of trustees or managers),
(ii) section 64 (duty of trustees or managers to provide scheme return),
(iia) section 69 (duty to notify the Regulator of certain events),
(iii) section 72 (provision of information), ...
(iiia) section 72A (interviews),
(iv) section 75 (inspection of premises: powers of inspectors), ...
(iva) regulations under section 221B(8)(d) (duty of trustees or managers to provide statement of strategy), or
(v) regulations under section 11 of the Pensions Act 2008,
(b) is provided in applying for registration of a pension scheme under section 2 of the Welfare Reform and Pensions Act 1999 (c. 30) (registration of stakeholder pension schemes), or
(c) is provided otherwise than as mentioned in paragraph (a) or (b) but in circumstances in which the person providing the information intends, or could reasonably be expected to know, that it would be used by the Regulator for the purpose of exercising its functions under—
(i) the Pensions Act 1995,
(ii) this Act,
(iii) the Pensions Act 2008,
(iv) Schedule 18 to the Pensions Act 2014,
(v) the Pension Schemes Act 2017, or
(vi) Part 1 of the Pension Schemes Act 2021.
(2) Any person guilty of an offence under subsection (1) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or both.
80A Financial penalty for providing false or misleading information to Regulator
(1) Section 88A (financial penalties) applies to a person who has knowingly or recklessly provided the Regulator with information which is false or misleading in a material particular, if the information was provided to the Regulator in the circumstances mentioned in subsection (2)(a), (b) or (c).
(2) The circumstances referred to in subsection (1) are—
(a) that the information was provided in purported compliance with a requirement under—
(i) section 62 (the register: duties of trustees or managers),
(ii) section 64 (duty of trustees or managers to provide scheme return),
(iii) section 69 (duty to notify the Regulator of certain events),
(iv) section 69A (duty to give notices and statements to the Regulator in respect of certain events),
(v) section 72 (provision of information),
(vi) section 72A (interviews),
(vii) section 75 (inspection of premises: powers of inspectors), or
(viii) regulations under section 11 of the Pensions Act 2008 (information about employers' duties to be given to the Regulator);
(b) that the information was provided in applying for registration of a pension scheme under section 2 of the Welfare Reform and Pensions Act 1999 (registration of stakeholder pension schemes);
(c) that the information was provided otherwise than as mentioned in paragraph (a) or (b) but in circumstances in which the person providing the information intends, or could reasonably be expected to know, that it would be used by the Regulator for the purpose of exercising its functions under—
(i) the Pensions Act 1995,
(ii) this Act,
(iii) the Pensions Act 2008,
(iv) Schedule 18 to the Pensions Act 2014,
(v) the Pension Schemes Act 2017, or
(vi) Part 1 of the Pension Schemes Act 2021.
80B Financial penalty for providing false or misleading information to trustees or managers
(1) This section applies in relation to an occupational pension scheme other than—
(a) a money purchase scheme, or
(b) a prescribed scheme or a scheme of a prescribed description.
(2) Section 88A (financial penalties) applies to a person who has knowingly or recklessly provided a trustee or manager of the scheme with information which is false or misleading in a material particular, if the information was provided to the trustee or manager of the scheme in the circumstances mentioned in subsection (3)(a) or (b).
(3) The circumstances referred to in subsection (2) are—
(a) that the information was provided in purported compliance with a requirement under—
(i) regulations under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service and other persons selected by the Secretary of State),
(ii) regulations under section 113A of the Pension Schemes Act 1993 (power to require disclosure of information about transfers from one scheme to another),
(iii) section 22(2B)(c) of the Pensions Act 1995 (insolvency practitioner or official receiver to give notice of certain events to trustees of scheme),
(iv) section 26 of that Act (insolvency practitioner or official receiver to give information to trustees),
(v) regulations under section 47(9) of that Act (power to impose duties on employers, auditors and actuaries to disclose information), or
(vi) a direction under section 72B of that Act (directions by Regulator for facilitating winding up of scheme);
(b) that the information was provided otherwise than as mentioned in paragraph (a) but in circumstances in which the person providing the information intends, or could reasonably be expected to know, that it would be used by the trustee or manager who receives it in that person's capacity as a trustee or manager of the scheme.
Information—
(a) contained in the register, or
(b) otherwise held by the Regulator in the exercise of any of its functions,
may be used by the Regulator for the purposes of, or for any purpose connected with or incidental to, the exercise of its functions.
(1) Restricted information must not be disclosed—
(a) by the Regulator, or
(b) by any person who receives the information directly or indirectly from the Regulator.
(2) Subsection (1) is subject to—
(a) subsection (3), and
(b) sections 71(9), 83 to 88 and 235.
(3) Subject to section 88(5), restricted information may be disclosed with the consent of the person to whom it relates and (if different) the person from whom the Regulator obtained it.
(4) For the purposes of this section and sections 83 to 87, “restricted information” means any information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person, except for information—
(a) which at the time of the disclosure is or has already been made available to the public from other sources, or
(b) which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.
(5) Any person who discloses information in contravention of this section is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum , or imprisonment for a term not exceeding the general limit in a magistrates’ court, or both;
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or both.
(6) In relation to an offence under subsection (5) committed before 2 May 2022 the reference in subsection (5)(a) to the general limit in a magistrates’ court has effect as if it were a reference to six months.
(7) Subsection (6) does not extend to Scotland.
83 Information supplied to the Regulator by corresponding overseas authorities
(1) Subject to subsection (2), for the purposes of section 82, “restricted information” includes information which has been supplied to the Regulator, for the purposes of its functions, by an authority which exercises functions corresponding to the functions of the Regulator in a country or territory outside the United Kingdom.
(2) Sections 84 to 87 do not apply to such information as is mentioned in subsection (1), and such information must not be disclosed except—
(a) as provided in section 82(3),
(b) for the purpose of enabling or assisting the Regulator to discharge its functions, or
(c) by or on behalf of—
(i) the Regulator, or
(ii) any public authority (within the meaning of section 6 of the Human Rights Act 1998 (c. 42)) which receives the information directly or indirectly from the Regulator,
for any of the purposes specified in section 17(2)(a) to (d) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (criminal proceedings and investigations).
(3) Section 18 of the Anti-terrorism, Crime and Security Act 2001 (restriction on disclosure of information for overseas purposes) has effect in relation to a disclosure authorised by subsection (2) as it has effect in relation to a disclosure authorised by any of the provisions to which section 17 of that Act applies.
84 Disclosure for facilitating exercise of functions by the Regulator
(1) Section 82 does not preclude the disclosure of restricted information in any case in which disclosure is for the purpose of enabling or assisting the Regulator to exercise its functions.
(2) Subsection (3) applies where, in order to enable or assist the Regulator properly to exercise any of its functions, the Regulator considers it necessary to seek advice from any qualified person on any matter of law, accountancy, valuation or other matter requiring the exercise of professional skill.
(3) Section 82 does not preclude the disclosure by the Regulator to a person qualified to provide that advice of such information as appears to the Regulator to be necessary to ensure that he is properly informed with respect to the matters on which his advice is sought.
(4) Section 82 does not preclude the disclosure by the Regulator to the Personal Accounts Delivery Authority of such information as appears to the Regulator to be necessary to enable the Authority to provide assistance or advice to the Regulator under section 79(2) of the Pensions Act 2008.
85 Disclosure for facilitating exercise of functions by the Board
Section 82 does not preclude the disclosure of restricted information in any case in which disclosure is for the purpose of enabling or assisting the Board of the Pension Protection Fund to exercise its functions.
86 Disclosure for facilitating exercise of functions by other supervisory authorities
(1) Section 82 does not preclude the disclosure by the Regulator of restricted information to any person specified in the first column of Schedule 3 if the Regulator considers that the disclosure would enable or assist that person to exercise the functions specified in relation to him in the second column of that Schedule.
(2) The Secretary of State may after consultation with the Regulator—
(a) by order amend Schedule 3 by—
(i) adding any person exercising regulatory functions and specifying functions in relation to that person,
(ii) removing any person for the time being specified in the Schedule, or
(iii) altering the functions for the time being specified in the Schedule in relation to any person, or
(b) by order restrict the circumstances in which, or impose conditions subject to which, disclosure may be made to any person for the time being specified in the Schedule.
(1) Section 82 does not preclude the disclosure by the Regulator of restricted information to—
(a) the Secretary of State,
(b) the Commissioners of Inland Revenue or their officers, or
(c) the Department for Social Development in Northern Ireland,
if the disclosure appears to the Regulator to be desirable or expedient in the interests of members of occupational pension schemes or personal pension schemes or in the public interest.
(2) Section 82 does not preclude the disclosure of restricted information—
(a) by or on behalf of—
(i) the Regulator, or
(ii) any public authority (within the meaning of section 6 of the Human Rights Act 1998 (c. 42)) which receives the information directly or indirectly from the Regulator,
for any of the purposes specified in section 17(2)(a) to (d) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (criminal proceedings and investigations),
(b) in connection with any proceedings arising out of—
(i) this Act,
(ii) the Welfare Reform and Pensions Act 1999 (c. 30),
(iii) the Pensions Act 1995 (c. 26), or
(iv) the Pension Schemes Act 1993 (c. 48),
or any corresponding enactment in force in Northern Ireland, or any proceedings for breach of trust in relation to an occupational pension scheme,
(c) with a view to the institution of, or otherwise for the purposes of, proceedings under—
(i) section 7 or 8 of the Company Directors Disqualification Act 1986 (c. 46), or
(ii) Article 10 or 11 ... of the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)),
(d) in connection with any proceedings under—
(i) the Insolvency Act 1986 (c. 45), or
(ii) the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),
which the Regulator has instituted or in which it has a right to be heard,
(e) with a view to the institution of, or otherwise for the purposes of, any disciplinary proceedings relating to the exercise of his professional duties by a solicitor, an actuary, an accountant or an insolvency practitioner,
(f) with a view to the institution of, or otherwise for the purposes of, any disciplinary proceedings relating to the exercise by a public servant of his functions,
(g) for the purpose of enabling or assisting an authority in a country outside the United Kingdom to exercise functions corresponding to those of the Regulator under this Act, the Welfare Reform and Pensions Act 1999 (c. 30), the Pensions Act 1995 (c. 26) or the Pension Schemes Act 1993 (c. 48), or
(h) in pursuance of assimilated law.
(3) In subsection (2)(f), “public servant” means an officer or servant of the Crown or of any prescribed authority.
(4) Section 82 does not preclude the disclosure by the Regulator of restricted information to—
(a) the Director of Public Prosecutions,
(b) the Director of Public Prosecutions for Northern Ireland,
(c) the Lord Advocate,
(d) a procurator fiscal, or
(e) a constable.
(5) Section 82 does not preclude the disclosure of restricted information in any case where the disclosure is required by or by virtue of an enactment.
(6) Section 82 does not preclude the disclosure of restricted information in any case where the disclosure is to a Regulator-appointed trustee of an occupational pension scheme for the purpose of enabling or assisting him to exercise his functions in relation to the scheme.
(7) In subsection (6), “Regulator-appointed trustee” means a trustee appointed by the Regulator under section 7 or 23(1) of the Pensions Act 1995 or any corresponding provision in force in Northern Ireland.
(8) Section 82 does not preclude the disclosure by any person mentioned in subsection (1) or (4) of restricted information obtained by the person by virtue of that subsection, if the disclosure is made with the consent of the Regulator.
(9) Section 82 does not preclude the disclosure by any person specified in the first column of Schedule 3 of restricted information obtained by the person by virtue of section 86(1), if the disclosure is made—
(a) with the consent of the Regulator, and
(b) for the purpose of enabling or assisting the person to exercise any functions specified in relation to him in the second column of the Schedule.
(10) Before deciding whether to give its consent to such a disclosure as is mentioned in subsection (8) or (9), the Regulator must take account of any representations made to it, by the person seeking to make the disclosure, as to the desirability of the disclosure or the necessity for it.
(11) Section 18 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (restriction on disclosure of information for overseas purposes) has effect in relation to a disclosure authorised by subsection (2) as it has effect in relation to a disclosure authorised by any of the provisions to which section 17 of that Act applies.
(1) This section applies to information held by the Revenue and Customs if it is held by them in connection with a function of the Revenue and Customs that relates to any of these matters—
(a) tax or duty;
(b) national insurance contributions;
(c) the national minimum wage.
(2) An officer of Revenue and Customs may disclose to the Regulator information to which this section applies, if the disclosure is made for the purpose of enabling or assisting the Regulator to discharge its functions.
(3) Where information to which this section applies is disclosed to the Regulator by virtue of subsection (2) above or section 19 of the Anti-terrorism, Crime and Security Act 2001 (disclosure of information held by revenue departments), it must, subject to subsections (4) and (5), be treated for the purposes of section 82 as restricted information.
(4) Information to which this section applies which is disclosed to the Regulator as mentioned in subsection (3) may not be disclosed by the Regulator or any person who receives the information directly or indirectly from the Regulator except—
(a) to, or in accordance with authority given by, the Commissioners for Her Majesty's Revenue and Customs,
(b) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings,
(c) with a view to the institution of any other proceedings by the Regulator, or for the purposes of any such proceedings instituted by the Regulator,
(d) in accordance with section 84, otherwise than for the purposes of any proceedings, or
(e) in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.
(5) Accordingly sections 82(3), 83, 85 to 87 and 235, and paragraph 4 of Schedule 10, do not apply to such information, and section 84 applies subject to subsection (4)(d).
(6) In subsection (4)(c) and (d), “proceedings” includes the issue of notices or any other enforcement action taken by the Regulator under Chapter 2 of Part 1 of the Pensions Act 2008 or any other enactment.
(7) In this section “the Revenue and Customs” and a “function of the Revenue and Customs” have the same meaning as in section 18 of the Commissioners for Revenue and Customs Act 2005 (confidentiality).
(1) Where the Regulator is satisfied that by reason of an act this section applies to a person, the Regulator may issue a notice to the person requiring the person to pay a penalty in respect of that act of an amount specified in the notice within a period specified in the notice.
(2) The amount of the penalty is to be an amount, not exceeding £1 million, determined by the Regulator.
(3) Regulations may amend subsection (2) by substituting a higher amount for the amount for the time being specified in subsection (2).
(4) The date on which the period specified in the notice ends must be at least 28 days after the date on which the notice is issued.
(5) The notice must specify the provision by virtue of which the penalty is imposed.
(6) Where—
(a) a penalty under this section may, apart from this subsection, be imposed on a body corporate, and
(b) the act in question was done with the consent or connivance of a director, manager, secretary or other similar officer of the body or a person purporting to act in any such capacity,
this section applies to that person.
(7) Where the affairs of a body corporate are managed by its members, subsection (6) applies in relation to the acts of a member in connection with the member's functions of management as to a director of a body corporate.
(8) Where—
(a) a penalty under this section may, apart from this subsection, be imposed on a Scottish partnership, and
(b) the act in question was done with the consent or connivance of a partner,
this section applies to that person.
(9) If the Regulator requires a person to pay a penalty under this section by virtue of subsection (6) or (8), it may not also require the body corporate or the Scottish partnership to pay a penalty under this section in respect of the same act.
(10) The Regulator may not issue a notice under this section to a person in relation to an act if—
(a) the person has been convicted of an offence in respect of the same act, or
(b) criminal proceedings for the offence have been instituted against the person in respect of the act and the proceedings have not been concluded.
(11) The Regulator may not issue a notice under this section to a person in respect of an act if the Regulator has required the person to pay a penalty under section 10 of the Pensions Act 1995 (civil penalties) in respect of the same act.
(12) In this section “act” includes omission.
(1) Subsection (3) applies where—
(a) the Regulator is satisfied that section 88A applies to a person by virtue of section 58C or 58D (financial penalty for avoidance of employer debt etc),
(b) the Regulator issues a notice under section 88A requiring the person to pay a penalty in respect of the act or failure to act in question, and
(c) when the notice under section 88A is issued, the person is subject to one or more contribution notices issued under section 38 (contribution notices where avoidance of employer debt).
(2) Subsection (3) does not apply if, when the notice under section 88A is issued, a qualifying insolvency event has occurred in relation to the employer in relation to the scheme by reference to which the penalty under section 88A is imposed.
(3) The Regulator may not take any step to recover the penalty specified in the notice under section 88A (including accepting an amount offered in payment or part payment of the penalty) until after—
(a) the relevant date relating to the contribution notice or (as the case may be) the latest of the relevant dates relating to the contribution notices, or
(b) if sooner, the date on which a qualifying insolvency event occurs in relation to the employer in relation to the scheme by reference to which the penalty under section 88A is imposed.
(4) In this section—
“qualifying insolvency event” has the meaning given by section 127(3);
“the relevant date” means, in relation to a contribution notice issued under section 38—
the date specified under section 40(2A) for the purposes of sections 42A(2) and 42B(2), disregarding any date that has effect instead of that date by virtue of section 41(10A) or (11B), or
if sooner, the date on which the sum specified in the contribution notice is paid.
(1) A penalty under section 88A is recoverable by the Regulator.
(2) In England and Wales, such a penalty is, if the county court so orders, recoverable under section 85 of the County Courts Act 1984 or otherwise as if it were payable under an order of that court.
(3) In Scotland, a notice to pay such a penalty is enforceable as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(4) The Regulator must pay into the Consolidated Fund a penalty recovered under this section.
(1) The Regulator may, if it considers it appropriate to do so in any particular case, publish a report of the consideration given by it to the exercise of its functions in relation to that case and the results of that consideration.
(2) The publication of a report under subsection (1) may be in such form and manner as the Regulator considers appropriate.
(3) For the purposes of the law of defamation, the publication of any matter by the Regulator is privileged unless the publication is shown to be made with malice.
(4) Before making a report under this section which relates to a public service pension scheme, the Regulator must notify the scheme manager.
89A Reports about misappropriation etc in public service pension schemes
(1) If the Regulator has reasonable grounds to suspect or believe that a member of the pension board of a public service pension scheme—
(a) has misappropriated any assets of the scheme or is likely to do so, or
(b) has a conflict of interest in relation to investment of assets of the scheme,
the Regulator must report the matter to the scheme manager.
(2) For the purposes of the law of defamation, the reporting of any matter by the Regulator under subsection (1) is privileged unless the reporting is shown to be made with malice.
(3) For the purposes of subsection (1)(b) a person does not have a conflict of interest in relation to investment of assets merely by virtue of membership of the scheme.
(1) The Regulator may issue codes of practice—
(a) containing practical guidance in relation to the exercise of functions under the pensions legislation, and
(b) regarding the standards of conduct and practice expected from those who exercise such functions.
(2) The Regulator must issue one or more such codes of practice relating to the following matters—
(a) what constitutes a “reasonable” period for the purposes of any provision of the pensions legislation (other than any enactment contained in or made by virtue of Part 2) which requires any action to be taken within such a period;
(aa) the circumstances in which the Regulator expects to issue contribution notices under section 38 as a result of being of the opinion that the material detriment test , the employer insolvency test or the employer resources test is met in relation to an act or failure;
(b) the discharge of the duty imposed by section 69 (duty to notify Regulator of certain events);
(ba) the discharge of the duties imposed by section 69A (duty to give notices and statements to the Regulator in respect of certain events);
(c) the discharge of the duty imposed by section 70 (duty to report breaches of the law);
(d) the discharge of duties imposed on trustees or managers of occupational pension schemes by, or by virtue of, Part 3 (scheme funding);
(e) the discharge of the duties imposed by sections 241 and 242 (member-nominated trustees and directors);
(f) the obligations imposed by sections 247 and 248 (requirements for knowledge and understanding: individual and corporate trustees);
(g) the discharge of the duty imposed by section 49(9)(b) of the Pensions Act 1995 (c. 26) (duty of trustees or managers of occupational pension schemes to report material failures by employers to pay contributions deducted from employee’s earnings timeously);
(h) the discharge of the duties imposed by sections 67 to 67I of that Act (the subsisting rights provisions);
(i) the discharge of the duty imposed by section 88(1) of that Act (duties of trustees and managers of certain schemes to report failures to pay employer contributions etc timeously);
(j) the discharge of the duty imposed by section 111A(7A) of the Pension Schemes Act 1993 (c. 48) (duty of trustees or managers of personal pension schemes to report material failures to pay employer contributions timeously);
(ja) the process for making an application for authorisation of a Master Trust scheme under Part 1 of the Pension Schemes Act 2017;
(jb) the matters that the Pensions Regulator expects to take into account in deciding whether it is satisfied that a Master Trust scheme meets the authorisation criteria under that Part (see section 5 of the Pension Schemes Act 2017);
(jc) the process for making an application under Part 1 of the Pension Schemes Act 2021 for authorisation of a collective money purchase scheme;
(jd) the matters that the Pensions Regulator expects to take into account in deciding whether it is satisfied that a pension scheme meets the authorisation criteria under that Part (see section 9 of the Pension Schemes Act 2021);
(k) such other matters as are prescribed for the purposes of this section.
(3) The Regulator may from time to time revise the whole or any part of a code of practice issued under this section and issue that revised code.
(4) A failure on the part of any person to observe any provision of a code of practice issued under this section does not of itself render that person liable to any legal proceedings.
This is subject to section 13(3)(a) and (8) (power for improvement notice to direct that person complies with code of practice and civil penalties for failure to comply).
(5) A code of practice issued under this section is admissible in evidence in any legal proceedings and, if any provision of such a code appears to the court or tribunal concerned to be relevant to any question arising in the proceedings, it must be taken into account in determining that question.
(6) In this section—
“legal proceedings” includes proceedings of the Pensions Ombudsman, proceedings of the Ombudsman for the Board of the Pension Protection Fund and proceedings of the Board of the Pension Protection Fund under section 207 or 208; and
“the pensions legislation” means any enactment contained in or made by virtue of—
the Pension Schemes Act 1993 (c. 48),
Part 1 of the Pensions Act 1995 (c. 26), other than sections 62 to 66A of that Act (equal treatment),
Part 1 or section 33 of the Welfare Reform and Pensions Act 1999 (c. 30), ...
this Act.
Schedule 18 to the Pensions Act 2014, ...
the Pension Schemes Act 2015 , ...
the Pension Schemes Act 2017 , or
Part 1 of the Pension Schemes Act 2021.
(7) Sections 91 and 92 make provision about the procedure to be followed when a code of practice is issued or revoked under this section.
(8) The Regulator may not issue codes of practice under this section in relation to a public service pension scheme (but see section 90A).
90A Codes of practice: public service pension schemes
(1) The Regulator may, in relation to public service pension schemes, issue codes of practice—
(a) containing practical guidance in relation to the exercise of functions under relevant pensions legislation, and
(b) regarding the standards of conduct and practice expected from those who exercise such functions.
(2) The Regulator must issue one or more such codes of practice relating to the following matters—
(a) the discharge of the duties imposed by sections 70 and 70A (duties to report breaches of the law and late payment of employer contributions);
(b) the obligations imposed by section 248A (requirements for knowledge and understanding: pension boards of public service pension schemes);
(c) the discharge of the duty imposed by section 249B (internal controls);
(d) the discharge of duties imposed under section 113 of the Pension Schemes Act 1993 (disclosure of information to members);
(e) the discharge of the duty imposed by section 49(9)(b) of the Pensions Act 1995 (duty of trustees or managers of occupational pension schemes to report material failures by employers to pay contributions deducted from employee's earnings timeously);
(f) the discharge of the duty imposed by section 50 of the Pensions Act 1995 (internal dispute resolution);
(g) the discharge of duties imposed by virtue of section 5(4) of the Public Service Pensions Act 2013 (pensions board: conflicts of interest and representation) and other duties relating to conflicts of interest;
(h) the discharge of duties imposed under section 6 (pension board: information) of that Act and other duties relating to the publication of information about governance and administration;
(i) the discharge of duties imposed under section 14 of that Act (information about benefits);
(j) the discharge of duties imposed under section 16 (records) of that Act and other duties relating to record-keeping;
(k) such other matters as are prescribed for the purposes of this section.
(3) The Regulator may from time to time revise the whole or any part of a code of practice issued under this section and issue that revised code.
(4) A failure on the part of any person to observe any provision of a code of practice issued under this section does not of itself render that person liable to any legal proceedings.
This is subject to section 13(3)(a) and (8) (power for improvement notice to direct that person complies with code of practice and civil penalties for failure to comply).
(5) A code of practice issued under this section is admissible in evidence in any legal proceedings (within the meaning of section 90) and, if any provision of such a code appears to the court or tribunal concerned to be relevant to any question arising in the proceedings, it must be taken into account in determining that question.
(6) A code of practice issued under this section may be—
(a) combined with a code of practice issued under section 90;
(b) combined with one or more other codes of practice issued under this section.
(7) A code of practice issued under this section may relate to all public service pension schemes or any one or more of them.
(8) In this section, “relevant pensions legislation” means—
(a) the enactments constituting “pensions legislation” within the meaning of section 90, and
(b) sections 5(4) (pension board: conflicts of interest and representation), 6 (pension board: information), 14 (information about benefits) and 16 (records) of the Public Service Pensions Act 2013.
(9) Sections 91 and 92 make provision about the procedure to be followed when a code of practice is issued or revoked under this section.