Section 43 — Pensions Act 2008: Review of notices

Review of notices 43 1 The Regulator may review a notice to which this section applies—

a on the written application of the person to whom the notice was issued, or b if the Regulator otherwise considers it appropriate.

2 This section applies to—

a a compliance notice issued under section 35;

b a third party compliance notice issued under section 36;

c an unpaid contributions notice issued under section 37;

d a fixed penalty notice issued under section 40;

e an escalating penalty notice issued under section 41.

3 Regulations may prescribe the period within which—

a an application to review a notice may be made under subsection (1)(a);

b a notice may be reviewed under subsection (1)(b).

4 On a review of a notice, the effect of the notice is suspended for the period beginning when the Regulator determines to carry out the review and ending when the review is completed.

5 In carrying out a review, the Regulator must consider any representations made by the person to whom the notice was issued.

6 The Regulator's powers on a review include power to—

a confirm, vary or revoke the notice;

b substitute a different notice.