Pensions Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 68 — Information relevant to the Board
Information relevant to the Board 68 The Regulator may collect any information which appears to it to be relevant to the exercise of the functions of the Board of the Pension Protection Fund.
Section 69 — Duty to notify the Regulator of certain events
Duty to notify the Regulator of certain events 69 1 Except where the Regulator otherwise directs, the appropriate person must give notice of any notifiable event to the Regulator. 2 In subsection (1)…
Section 69A — Duty to give notices and statements to the Regulator in respect of certain events
Duty to give notices and statements to the Regulator in respect of certain events 69A 1 Except where the Regulator otherwise directs, the appropriate person must— a give notice to the Regulator of…
Section 70 — Duty to report breaches of the law
Duty to report breaches of the law 70 1 Subsection (2) imposes a reporting requirement on the following persons— a a trustee or manager of an occupational or personal pension scheme; aa a member of…
Section 70A — Duty to report late payment of employer contributions
Duty to report late payment of employer contributions 70A 1 Where— a any amount payable under a public service pension scheme by or on behalf of an employer in relation to the scheme by way of…
Section 71 — Reports by skilled persons
Reports by skilled persons 71 1 The Regulator may issue a notice (a “report notice”) to— a the trustees or managers of a work-based pension scheme, b any employer in relation to such a scheme, ... ba…
Section 72 — Provision of information
Provision of information 72 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…
Section 72A — Interviews
Interviews 72A 1 The Regulator may, by notice in writing, require any person to whom section 72(2) applies to attend before the Regulator, at a time and place specified in the notice, to answer…
Section 73 — Inspection of premises
Inspection of premises 73 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,…
Section 73A — Operation of scheme during winding up period
Operation of scheme during winding up period 73A 1 This section applies where an occupational pension scheme to which section 73 applies is being wound up. 2 During the winding up period, the…
Section 73B — Sections 73 and 73A: supplementary
Sections 73 and 73A: supplementary 73B 1 Any action taken in contravention of section 73A(3) is void. 2 If any provision made by or by virtue of the winding up provisions is not complied with in…
Section 74 — Inspection of premises in respect of employers' obligations
Inspection of premises in respect of employers' obligations 74 A1 An inspector may, for the purposes of investigating whether an employer is contravening, or has contravened— a any provision of, or…
Section 75 — Inspection of premises: powers of inspectors
Inspection of premises: powers of inspectors 75 1 Subsection (2) applies where, for a purpose mentioned in subsection (1), (2A), (3), (4) or (5A) of section 73 or subsection (A1), (1) or (4) of…
Section 75A — Deficiencies in the assets: multi-employer schemes
Deficiencies in the assets: multi-employer schemes 75A 1 Regulations may modify section 75 (deficiencies in the assets) as it applies in relation to multi-employer schemes. 2 The regulations may in…
Section 76 — Inspection of premises: supplementary
Inspection of premises: supplementary 76 1 This section applies for the purposes of sections 73 to 75. 2 Premises which are a private dwelling-house not used by, or by permission of, the occupier for…
Section 77 — Penalties relating to sections 72 to 75
Penalties relating to sections 72 to 75 77 1 A person who, without reasonable excuse, neglects or refuses to provide information or produce a document when required to do so under section 72 is…
Section 77A — Fixed penalty notices
Fixed penalty notices 77A 1 The Regulator may issue a fixed penalty notice to a person if it considers that the person— a has failed to comply with a notice under section 72 or 72A, b has failed to…
Section 77B — Escalating penalty notices
Escalating penalty notices 77B 1 The Regulator may issue an escalating penalty notice to a person if it considers that the person has failed to comply with a notice under section 72 or 72A. 2 But the…
Section 78 — Warrants
Warrants 78 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 reasonable grounds for believing—…
Section 79 — Sections 72 to 78: interpretation
Sections 72 to 78: interpretation 79 1 This section applies for the purposes of sections 72 to 78. 2 “ Document ” includes information recorded in any form, and any reference to production of a…
Section 80 — Offences of providing false or misleading information
Offences of providing false or misleading information 80 1 Any person who knowingly or recklessly provides the Regulator with information which is false or misleading in a material particular is…
Section 80A — Financial penalty for providing false or misleading information to Regulator
Financial penalty for providing false or misleading information to Regulator 80A 1 Section 88A (financial penalties) applies to a person who has knowingly or recklessly provided the Regulator with…
Section 80B — Financial penalty for providing false or misleading information to trustees or managers
Financial penalty for providing false or misleading information to trustees or managers 80B 1 This section applies in relation to an occupational pension scheme other than— a a money purchase scheme,…
Section 81 — Use of information
Use of information 81 Information— a contained in the register, or b otherwise held by the Regulator in the exercise of any of its functions, may be used by the Regulator for the purposes of, or for…
Section 82 — Restricted information
Restricted information 82 1 Restricted information must not be disclosed— a by the Regulator, or b by any person who receives the information directly or indirectly from the Regulator. 2 Subsection…
Section 83 — Information supplied to the Regulator by corresponding overseas authorities
Information supplied to the Regulator by corresponding overseas authorities 83 1 Subject to subsection (2), for the purposes of section 82, “ restricted information ” includes information which has…
Section 84 — Disclosure for facilitating exercise of functions by the Regulator
Disclosure for facilitating exercise of functions by the Regulator 84 1 Section 82 does not preclude the disclosure of restricted information in any case in which disclosure is for the purpose of…
Section 85 — Disclosure for facilitating exercise of functions by the Board
Disclosure for facilitating exercise of functions by the Board 85 Section 82 does not preclude the disclosure of restricted information in any case in which disclosure is for the purpose of enabling…
Section 86 — Disclosure for facilitating exercise of functions by other supervisory authorities
Disclosure for facilitating exercise of functions by other supervisory authorities 86 1 Section 82 does not preclude the disclosure by the Regulator of restricted information to any person specified…
Section 87 — Other permitted disclosures
Other permitted disclosures 87 1 Section 82 does not preclude the disclosure by the Regulator of restricted information to— a the Secretary of State, b the Commissioners of Inland Revenue or their…
Section 88 — Tax information etc
Tax information etc 88 1 This section applies to information held by the Revenue and Customs if it is held by them in connection with a function of the Revenue and Customs that relates to any of…
Section 88A — Financial penalties
Financial penalties 88A 1 Where the Regulator is satisfied that by reason of an act this section applies to a person, the Regulator may issue a notice to the person requiring the person to pay a…
Section 88B — Financial penalties: time for recovery
Financial penalties: time for recovery 88B 1 Subsection (3) applies where— a the Regulator is satisfied that section 88A applies to a person by virtue of section 58C or 58D (financial penalty for…
Section 88C — Financial penalties: recovery
Financial penalties: recovery 88C 1 A penalty under section 88A is recoverable by the Regulator. 2 In England and Wales, such a penalty is, if the county court so orders, recoverable under section 85…
Section 89 — Publishing reports etc
Publishing reports etc 89 1 The Regulator may, if it considers it appropriate to do so in any particular case, publish a report of the consideration given by it to the exercise of its functions in…
Section 89A — Reports about misappropriation etc in public service pension schemes
Reports about misappropriation etc in public service pension schemes 89A 1 If the Regulator has reasonable grounds to suspect or believe that a member of the pension board of a public service pension…
Section 90 — Codes of practice
Codes of practice 90 1 The Regulator may issue codes of practice— a containing practical guidance in relation to the exercise of functions under the pensions legislation, and b regarding the…
Section 90A — Codes of practice: public service pension schemes
Codes of practice: public service pension schemes 90A 1 The Regulator may, in relation to public service pension schemes, issue codes of practice— a containing practical guidance in relation to the…
Section 91 — Procedure for issue and publication of codes of practice
Procedure for issue and publication of codes of practice 91 1 Where the Regulator proposes to issue a code of practice under section 90 or 90A it must prepare and publish a draft of the code. 2 Where…
Section 92 — Revocation of codes of practice
Revocation of codes of practice 92 1 A code of practice under section 90 or 90A may be revoked by the Secretary of State by order. 2 An order under this section may be made only with the consent of…
Section 93 — The Regulator’s procedure in relation to its regulatory functions
The Regulator’s procedure in relation to its regulatory functions 93 1 The Regulator must determine the procedure that it proposes to follow in relation to the exercise of its regulatory functions. 2…
Section 94 — Publication of procedure in relation to regulatory functions
Publication of procedure in relation to regulatory functions 94 1 The Regulator must issue a statement of the procedure determined under section 93. 2 The Regulator must arrange for the statement to…
Section 95 — Application of standard and special procedure
Application of standard and special procedure 95 1 The Regulator must comply with the standard procedure (see section 96) or, where section 97 applies, the special procedure (see section 98) in a…
Section 96 — Standard procedure
Standard procedure 96 1 The procedure determined under section 93 must make provision for the standard procedure. 1A In any case where— a a warning notice is given to any person in respect of a…
Section 97 — Special procedure: applicable cases
Special procedure: applicable cases 97 1 The special procedure in section 98 (and not the standard procedure) applies to— a a case falling within subsection (2), b a case falling within subsection…
Section 98 — Special procedure
Special procedure 98 1 The procedure determined under section 93 must make provision for the special procedure. 2 The “ special procedure ” is a procedure which provides for— a the giving of notice…
Section 99 — Compulsory review
Compulsory review 99 1 In a case where the special procedure applies, the Regulator must review the determination to exercise the regulatory function. 2 The review must be determined as soon as…
Section 100 — Duty to have regard to the interests of members etc
Duty to have regard to the interests of members etc 100 1 The Regulator must have regard to the matters mentioned in subsection (2)— a when determining whether to exercise a regulatory function— i in…
Section 101 — Powers to vary or revoke orders, notices or directions etc
Powers to vary or revoke orders, notices or directions etc 101 1 The Regulator may vary or revoke— a any determination by the Regulator whether to exercise a regulatory function, or b any order,…
Section 101AA — Scope of Chapter 5
Scope of Chapter 5 101AA 1 This Chapter applies to any member of an occupational pension scheme to which Chapter 1 applies (see section 69(3)) if— a his pensionable service terminates before he…