C2C10C49Part I Occupational pensions

Annotations:
Modifications etc. (not altering text)
C49

Pt. I: Pensions Act 2004 (c.35), Pt. 3 construed as one with Pt. I of this Act (4.12.2005 for specified purposes, 30.12.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), ss. 233, 322(1) (with s. 313); S.I. 2005/3331, art. 2(1)(a)(b), Sch. Pt. 1

Supervision by the Authority

10C3C4C11C13C6C5C7C8C9I3C12C1C14C15C16C17C18C19C20C21C22C23C24C25C26C27C28C34C29C30C31C32C33C35C37C38C39C54C55C41C42C43C44C45C46C47C48C50C51C52C53C56C57C58C59C60C61C62C63C64C70C69C65C66C67C68C75C78C84C71C72C73C74C76C77C79C80C81C82C83C85C86C87C90C91C92C93C94C95C96C97C98C99C100C101C102C103C104C105C106C107C108C109C110C88C89C111 Civil penalties.

I21

Where the Authority are satisfied that by reason of any act or omission this section applies to any person, they may by notice in writing require him to pay, within a prescribed period, a penalty in respect of that act or omission not exceeding the maximum amount.

I12

In this section “the maximum amount” means—

a

£5,000 in the case of an individual and £50,000 in any other case, or

b

such lower amount as may be prescribed in the case of an individual or in any other case,

and the Secretary of State may by order amend paragraph (a) by substituting higher amounts for the amounts for the time being specified in that paragraph.

I1C36C403

Regulations made by virtue of this Part may provide for any person who has contravened any provision of such regulations to pay, within a prescribed period, a penalty under this section not exceeding an amount specified in the regulations; and the regulations must specify different amounts in the case of individuals from those specified in other cases and any amount so specified may not exceed the amount for the time being specified in the case of individuals or, as the case may be, others in subsection (2)(a).

C36C404

An order made under subsection (2) or regulations made by virtue of subsection (3) do not affect the amount of any penalty recoverable under this section by reason of an act or omission occurring before the order or, as the case may be, regulations are made.

C36C405

Where—

a

apart from this subsection, a penalty under this section is recoverable from a body corporate or Scottish partnership by reason of any act or omission of the body or partnership F2... , and

b

the act or omission was done with the consent or connivance of, or is attributable to any neglect on the part of, any persons mentioned in subsection (6),

this section applies to each of those persons who consented to or connived in the act or omission or to whose neglect the act or omission was attributable.

C36C406

The persons referred to in subsection (5)(b)—

a

in relation to a body corporate, are—

i

any director, manager, secretary, or other similar officer of the body, or a person purporting to act in any such capacity, and

ii

where the affairs of a body corporate are managed by its members, any member in connection with his functions of management, and

b

in relation to a Scottish partnership, are the partners.

C36C407

Where the Authority requires any person to pay a penalty by virtue of subsection (5), they may not also require the body corporate, or Scottish partnership, in question to pay a penalty in respect of the same act or omission.

C36C408

A penalty under this section is recoverable by the Authority.

C36C40F18A

Any penalty recoverable under this section—

a

shall, if F4the county court so orders, be recoverable F3under section 85 of the County Courts Act 1984 or otherwise as if it were payable under an order of that court; and

b

may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

C36C409

The Authority must pay to the Secretary of State any penalty recovered under this section.

F510

The Authority may not require a person to pay a penalty under this section in respect of an act or omission if the Authority have issued a notice to the person under section 88A of the Pensions Act 2004 (financial penalties) in respect of the same act or omission.