|
| |
|
(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 |
| 5 |
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). |
| |
| 10 |
| “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). |
| |
| |
61 | Provision of information |
| 15 |
(1) | The Regulator may, by notice in writing, require any person to whom |
| |
subsection (2) applies to produce any document, or provide any other |
| |
| |
(a) | of a description specified in the notice, and |
| |
(b) | relevant to the exercise of the Regulator’s functions. |
| 20 |
(2) | This subsection applies to— |
| |
(a) | a trustee or manager of an occupational or personal 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 |
| 25 |
(ii) | a personal pension scheme where direct payment arrangements |
| |
exist in respect of one or more members of the scheme who are |
| |
| |
(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 |
| 30 |
| |
(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. |
| 35 |
62 | Inspection of premises |
| |
(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 |
| |
| 40 |
(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— |
| |
|
| |
|
| |
|
| |
| |
| sections 220 to 222 (member-nominated trustees and directors); |
| |
| sections 224 to 226 (requirement for knowledge and |
| |
| 5 |
| Part 7 (miscellaneous and supplementary); |
| |
(b) | either of the following provisions of the Welfare Reform and Pensions |
| |
| |
| section 33 (time for discharge of pension credit liability); |
| |
| section 45 (information); |
| 10 |
(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 |
| 15 |
| |
| Chapter 4 of Part 4 (transfer values); |
| |
| Chapter 2 of Part 4A (pension credit transfer values); |
| |
| section 113 (information); |
| |
| 20 |
(e) | any provisions in force in Northern Ireland corresponding to any |
| |
provisions within paragraphs (a) to (d). |
| |
(3) | An inspector may, for the purposes of investigating whether, in the case of a |
| |
| |
(a) | sections 1 and 2(4) of the Welfare Reform and Pensions Act 1999 |
| 25 |
(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 |
| |
| |
(4) | An inspector may, for the purposes of investigating whether, in the case of any |
| 30 |
trust-based personal stakeholder scheme, the trust-based scheme provisions |
| |
are being, or have been, complied with, at any reasonable time enter premises |
| |
| |
| |
| “trust-based personal stakeholder scheme” means a personal pension |
| 35 |
| |
(a) | is a stakeholder scheme, and |
| |
(b) | is established under a trust; and |
| |
| the “trust-based scheme provisions” means any provisions contained in |
| |
| 40 |
(a) | 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, as the provision |
| |
applies by virtue of that paragraph, or |
| |
(b) | any corresponding provision in force in Northern Ireland. |
| 45 |
(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 |
| |
| |
(c) | the administration of the scheme, or work connected with that |
| |
administration, is being carried out there. |
| |
(7) | In this section, “stakeholder scheme” means an occupational pension scheme |
| 5 |
or a personal pension scheme which is or has been registered under— |
| |
(a) | section 2 of the Welfare Reform and Pensions Act 1999 (c. 30) (register |
| |
of stakeholder schemes), or |
| |
(b) | any corresponding provision in force in Northern Ireland. |
| |
63 | Inspection of premises in respect of employers’ obligations |
| 10 |
(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, |
| 15 |
| 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 |
| 20 |
| |
(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 in section 3(9) of |
| |
the Welfare Reform and Pensions Act 1999 (or, where subsection (1)(b) applies, |
| 25 |
in 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— |
| |
(a) | section 111A of the Pension Schemes Act 1993 (c. 48) (monitoring of |
| |
employers’ payments to personal pension schemes), or |
| 30 |
(b) | any corresponding provision in force in Northern Ireland, |
| |
| is being, or has been, complied with, at any reasonable time enter premises |
| |
| |
(5) | Premises are liable to inspection for the purposes of subsection (4) if the |
| |
inspector has reasonable grounds to believe that— |
| 35 |
(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, |
| 40 |
| |
(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. |
| 45 |
|
| |
|
| |
|
(6) | In the application of subsections (4) and (5) in relation to any provision |
| |
mentioned in subsection (4)(b) (a “corresponding Northern Ireland |
| |
provision”), references in those subsections to— |
| |
| direct payment arrangements, |
| |
| a personal pension scheme, |
| 5 |
| |
| employees of the employer, |
| |
| are to be read as having the meanings that they have for the purposes of the |
| |
corresponding Northern Ireland provision. |
| |
64 | Inspection of premises: powers of inspectors |
| 10 |
(1) | Subsection (2) applies where, for a purpose mentioned in subsection (1), (3) or |
| |
(4) of section 62 or subsection (1) or (4) of section 63, 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 |
| 15 |
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, |
| 20 |
(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 |
| 25 |
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 |
| |
| 30 |
(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 |
| |
| 35 |
65 | Inspection of premises: supplementary |
| |
(1) | This section applies for the purposes of sections 62 to 64. |
| |
(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— |
| 40 |
(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 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 |
| 45 |
| |
|
| |
|
| |
|
(b) | an offence is being or has been committed under any of the regulatory |
| |
| |
| is to be treated as a question whether the regulatory provision is being, or has |
| |
| |
(4) | An inspector applying for admission to any premises for the purposes of |
| 5 |
section 62 or 63 must, if so required, produce his certificate of appointment. |
| |
(5) | When exercising a power under section 62, 63 or 64 an inspector may be |
| |
accompanied by such persons as he considers appropriate. |
| |
(6) | Any document of which possession is taken under section 64 may be |
| |
| 10 |
(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— |
| 15 |
(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 |
| 20 |
not exceeding 12 months as the Regulator considers appropriate. |
| |
(9) | “The regulatory provisions”, in relation to an inspection under subsection (1), |
| |
(3) or (4) of section 62 or subsection (1) or (4) of section 63, means the provision |
| |
or provisions referred to in that subsection. |
| |
66 | Penalties relating to sections 61 to 64 |
| 25 |
(1) | A person who, without reasonable excuse, neglects or refuses to provide |
| |
information or produce a document when required to do so under section 61 is |
| |
| |
(2) | A person who without reasonable excuse— |
| |
(a) | intentionally delays or obstructs an inspector exercising any power |
| 30 |
| |
(b) | neglects or refuses to produce, or secure the production of, any |
| |
document when required to do so under section 64, or |
| |
(c) | neglects or refuses to answer a question or to provide information |
| |
| 35 |
| |
(3) | A person guilty of an offence under subsection (1) or (2) is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
(4) | An offence under subsection (1) 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 |
| 40 |
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 under section 61 or 64 to produce to the Regulator is guilty of an |
| |
| |
(6) | Any person guilty of an offence under subsection (5) is liable— |
| |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| 5 |
(b) | on conviction on indictment, to a fine or imprisonment for a term not |
| |
exceeding two years, or both. |
| |
| |
(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 |
| 10 |
reasonable grounds for believing— |
| |
(a) | that there is on, or accessible from, any premises any document— |
| |
(i) | whose production has been required under section 61 or 64, or |
| |
any corresponding provision in force in Northern Ireland, and |
| |
(ii) | which has not been produced in compliance with that |
| 15 |
| |
(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, |
| |
| |
(i) | would not be produced, but |
| 20 |
(ii) | would be removed, or made inaccessible, from the premises, |
| |
hidden, tampered with or destroyed, or |
| |
| |
(i) | an offence has been committed, |
| |
(ii) | a person will do any act which constitutes a misuse or |
| 25 |
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 |
| |
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 |
| 30 |
breach of regulations), or under or by virtue of any provision in |
| |
force in Northern Ireland corresponding to either of them, 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 |
| 35 |
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 |
| |
| |
| and that there is on, or accessible from, any premises any document |
| 40 |
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 61 or 64 or any |
| |
corresponding provision in force in Northern Ireland. |
| |
(2) | A warrant under this section shall authorise an inspector— |
| 45 |
(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 |
| |
| 5 |
(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 |
| 10 |
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 |
| |
| 15 |
| |
(a) | any reference in paragraph (a) or (b) to a document does not include |
| |
| |
(i) | is relevant to whether a person has complied with subsection (3) |
| |
of section 219 (information and advice to employees) or |
| 20 |
regulations under subsection (4) of that section, and |
| |
(ii) | is not relevant to the exercise of the Regulator’s functions for |
| |
| |
(b) | any liability to pay a penalty under section 10 of the Pensions Act 1995 |
| |
(c. 26) which might arise out of a failure to comply with subsection (3) |
| 25 |
of section 219 or regulations under subsection (4) of that section is to be |
| |
disregarded for the purposes of paragraph (c)(iii); |
| |
| and the references in subsection (2) to such a document as is mentioned in |
| |
subsection (1) are to be read accordingly. |
| |
(4) | When executing a warrant under this section, an inspector may be |
| 30 |
accompanied by such persons as he considers appropriate. |
| |
(5) | 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. |
| |
(6) | Any document of which possession is taken under this section may be |
| |
| 35 |
(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— |
| 40 |
(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 |
| 45 |
not exceeding 12 months as the Regulator considers appropriate. |
| |
(9) | In the application of this section in Scotland— |
| |
|
| |
|