Section 238 — Pensions Act 2004: Information and advice to employees

Information and advice to employees 238 1 Regulations may require employers to take action for the purpose of enabling employees to obtain information and advice about pensions and saving for retirement.

2 Regulations under subsection (1) may in particular—

a provide that they are to apply in relation to employers of a prescribed description and employees of a prescribed description;

b make different provision for different descriptions of employers and employees;

c make provision as to the action to be taken by employers (including the frequency at which, and the time and place at which, action is to be taken);

d make provision as to the description of information and advice in relation to which requirements apply;

e make provision about the description of person authorised to provide any such information and advice.

3 Employers to whom regulations under subsection (1) apply must provide information to the Regulator about the action taken by them for the purpose of complying with the regulations.

4 Regulations may make provision as to—

a the information to be provided under subsection (3);

b the form and manner in which the information is to be provided;

c the period within which the information is to be provided.

5 Section 10 of the Pensions Act 1995 (c. 26) (civil penalties) applies to any person who, without reasonable excuse, fails to comply with subsection (3).

6 In this section “ employer ” means any employer, whether or not resident or incorporated in any part of the United Kingdom.