Section 42A — Pensions Act 2004: Offence of failing to comply with a section 38 contribution notice

Offence of failing to comply with a section 38 contribution notice 42A 1 This section applies where a contribution notice is issued to a person under section 38.

2 If the person, without reasonable excuse, fails to pay the debt due by virtue of the contribution notice to—

a the trustees or managers of the scheme, or b the Board of the Pension Protection Fund (as the case may be), before the date specified in the contribution notice for the purposes of this subsection (see section 40(2A)), the person is guilty of an offence.

3 A person guilty of an offence under subsection (2) is liable—

a on summary conviction in England and Wales, to a fine;

b on summary conviction in Scotland, to a fine not exceeding level 5 on the standard scale.

4 Proceedings for an offence under subsection (2) may not be instituted if an application under section 41(7) has been made—

a in relation to the contribution notice, or b in relation to a contribution notice which is a corresponding contribution notice for the purposes of section 40(8), and the application has not been determined, withdrawn or abandoned.

5 Proceedings for an offence under subsection (2) may be instituted in England and Wales only—

a by the Regulator or the Secretary of State, or b by or with the consent of the Director of Public Prosecutions.