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Pensions Bill


Pensions Bill
Part 1 — The Pensions Regulator

42

 

(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).

(11)   

In this section—

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).

Gathering information

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

information, which is—

(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

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

30

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.

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

inspection.

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—

 

 

Pensions Bill
Part 1 — The Pensions Regulator

43

 

   

this Part;

   

Part 3 (scheme funding);

   

sections 220 to 222 (member-nominated trustees and directors);

   

sections 224 to 226 (requirement for knowledge and

understanding);

5

   

Part 7 (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);

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

(c. 48)—

   

Chapter 4 of Part 4 (transfer values);

   

Chapter 2 of Part 4A (pension credit transfer values);

   

section 113 (information);

   

section 175 (levy);

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

stakeholder scheme—

(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

liable to inspection.

(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

liable to inspection.

(5)   

In subsection (4)—

   

“trust-based personal stakeholder scheme” means a personal pension

35

scheme which—

(a)   

is a stakeholder scheme, and

(b)   

is established under a trust; and

   

the “trust-based scheme provisions” means any provisions contained in

or made by virtue of—

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,

 

 

Pensions Bill
Part 1 — The Pensions Regulator

44

 

(b)   

documents relevant to the administration of the scheme are being kept

there, or

(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

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 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

liable to inspection.

(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

   

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.

45

 

 

Pensions Bill
Part 1 — The Pensions Regulator

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

   

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.

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

in a legible form, and

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

that matter.

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

either of them), or

 

 

Pensions Bill
Part 1 — The Pensions Regulator

46

 

(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

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

retained—

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

guilty of an offence.

(2)   

A person who without reasonable excuse—

(a)   

intentionally delays or obstructs an inspector exercising any power

30

under section 62, 63 or 64,

(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

when so required,

35

is guilty of an offence.

(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

 

 

Pensions Bill
Part 1 — The Pensions Regulator

47

 

required under section 61 or 64 to produce to the Regulator 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;

5

(b)   

on conviction on indictment, to a fine or imprisonment for a term not

exceeding two years, or both.

67      

Warrants

(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

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

20

(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

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

Northern Ireland,

   

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—

 

 

Pensions Bill
Part 1 — The Pensions Regulator

48

 

(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,

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

in a legible form.

15

(3)   

In subsection (1)—

(a)   

any reference in paragraph (a) or (b) to a document does not include

any document which—

(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

any other reason, and

(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

retained—

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—

 

 

 
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