Search Legislation

Pension Schemes Act 2017

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Pension Schemes Act 2017, Section 18. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

18Escalating penalty notice for failure to comply with request for information [F1etc] E+W+S

This section has no associated Explanatory Notes

(1)The Pensions Regulator may issue an escalating penalty notice to a person if it considers that the person has failed to comply [F2with—

(a)a] notice issued under section 72 of the Pensions Act 2004 (provision of information to Regulator on request), so far as relevant to the exercise of any of the Regulator's functions under or by virtue of this Part (a “section 72 notice”) [F3, or

(b)a notice issued under section 72A of that Act (interviews), so far as relevant to the exercise of any of the Regulator's functions under or by virtue of this Part (a “section 72A notice”)]

(2)But the Regulator may not issue an escalating penalty notice to a person if—

(a)the person has exercised the right of referral to a tribunal under section 44 of the Pensions Act 2008 (as applied by section 17(5)) in respect of a fixed penalty notice issued under section 17 in relation to the section 72 notice [F4or the section 72A notice], and

(b)the reference has not been determined.

(3)An escalating penalty notice is a notice requiring the person to whom it is issued to pay an escalating penalty if the person fails to comply with a section 72 notice [F5or a section 72A notice].

(4)An escalating penalty is a penalty which is calculated by reference to a daily rate.

(5)The daily rate—

(a)is to be determined in accordance with regulations made by the Secretary of State, and

(b)must not exceed £10,000.

(6)An escalating penalty notice must—

(a)specify the failure to which the penalty relates;

(b)state that, if the person fails to comply with the section 72 notice [F6or the section 72A notice] before a specified date, the person will be liable to pay an escalating penalty;

(c)state the daily rate of the escalating penalty and the way in which the penalty is calculated;

(d)state the date from which the escalating penalty will be payable, which must not be earlier than the date specified in the fixed penalty notice under section 17(4)(b);

(e)state that the escalating penalty will continue to be payable at the daily rate until the date on which the person complies with the section 72 notice [F7or the section 72A notice] or such earlier date as the Regulator may determine;

(f)notify the person to whom the notice is issued of the review process under section 43 of the Pensions Act 2008 and the right of referral to a tribunal under section 44 of that Act (as applied by subsection (7)).

(7)The following sections of the Pensions Act 2008 apply to an escalating penalty notice under this section as they apply to an escalating penalty notice under section 41 of that Act—

(a)section 42 (penalty notices: recovery);

(b)section 43 (review of penalty notices);

(c)section 44 (references to First-tier Tribunal or Upper Tribunal).

(8)Regulations under this section are subject to negative resolution procedure.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1S. 18 in force at Royal Assent for specified purposes, see s. 44(1)(a)(ii)

I2S. 18 in force at 5.9.2018 for specified purposes by S.I. 2018/965, reg. 2(a)

I3S. 18 in force at 1.10.2018 in so far as not already in force by S.I. 2018/965, reg. 2(b)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources