Pensions Act 2004

76 Inspection of premises: supplementary E+W+S

(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 the purposes of a trade or business are not liable to inspection.

(3) Any question whether—

(a) anything is being or has been done or omitted which might by virtue of any of the regulatory provisions give rise to a liability for a civil penalty under or by virtue of [F1 section 77A, 77B or 88A of this Act,] section 10 of the Pensions Act 1995 (c. 26) or section 168(4) of the Pension Schemes Act 1993 (c. 48) (or under or by virtue of any provision in force in Northern Ireland corresponding to [F2 any of those provisions]), or

(b) an offence is being or has been committed under any of the regulatory provisions,

is to be treated as a question whether the regulatory provision is being, or has been, complied with.

(4) An inspector applying for admission to any premises for the purposes of section 73 or 74 must, if so required, produce his certificate of appointment.

(5) When exercising a power under section 73, 74 or 75 an inspector may be accompanied by such persons as he considers appropriate.

(6) Any document of which possession is taken under section 75 may be retained—

(a) if the document is relevant to proceedings against any person for any offence which are commenced before the end of the retention period, until the conclusion of those proceedings, and

(b) otherwise, until the end of the retention period.

(7) In subsection (6), “the retention period” means the period comprising—

(a) the period of 12 months beginning with the date on which possession was taken of the document, and

(b) any extension of that period under subsection (8).

(8) The Regulator may, by a direction made before the end of the retention period (including any extension of it under this subsection), extend it by such period not exceeding 12 months as the Regulator considers appropriate.

(9) “The regulatory provisions”, in relation to an inspection under subsection (1), [F3 (2A),] [F4 (3), (4) or (5A)] of section 73 or subsection [F5 (A1),] (1) or (4) of section 74, means the provision or provisions referred to in that subsection.

Textual Amendments

F1 Words in s. 76(3)(a) inserted (1.10.2021) by Pension Schemes Act 2021 (c. 1), s. 131(1), Sch. 7 para. 5(2)(a); S.I. 2021/950, reg. 2(4)(c)

F2 Words in s. 76(3)(a) substituted (1.10.2021) by Pension Schemes Act 2021 (c. 1), s. 131(1), Sch. 7 para. 5(2)(b); S.I. 2021/950, reg. 2(4)(c)

F3 Word in s. 76(9) inserted (1.10.2021) by Pension Schemes Act 2021 (c. 1), s. 131(1), Sch. 7 para. 5(3)(a); S.I. 2021/950, reg. 2(4)(c)

F4 Words in s. 76(9) substituted (1.10.2021) by Pension Schemes Act 2021 (c. 1), s. 131(1), Sch. 7 para. 5(3)(b); S.I. 2021/950, reg. 2(4)(c)

F5 Word in s. 76(9) inserted (30.6.2012) by Pensions Act 2008 (c. 30), ss. 61(5), 149(1); S.I. 2012/1682, art. 2, Sch. 2

Commencement Information

I1 S. 76 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7