C3Part 1The Pensions Regulator
Contribution notices where avoidance of employer debt
C2C142C2Section 38 contribution notice: clearance statements
I11
An application may be made to the Regulator under this section for the issue of a clearance statement within paragraph (a), (b) or (c) of subsection (2) in relation to circumstances described in the application.
2
A clearance statement is a statement, made by the Regulator, that in its opinion in the circumstances described in the application—
I1a
the applicant would not be, for the purposes of subsection (3)(a) of section 38, a party to an act or a deliberate failure to act falling within subsection (5)(a) of that section,
I1b
it would not be reasonable to impose any liability on the applicant under a contribution notice issued under section 38, or
c
such requirements of that section as may be prescribed would not be satisfied in relation to the applicant.
I13
Where an application is made under this section, the Regulator—
a
may request further information from the applicant;
b
may invite the applicant to amend the application to modify the circumstances described.
I14
Where an application is made under this section, the Regulator must as soon as reasonably practicable—
a
determine whether to issue the clearance statement, and
b
where it determines to do so, issue the statement.
I15
A clearance statement issued under this section binds the Regulator in relation to the exercise of the power to issue a contribution notice under section 38 to the applicant unless—
a
the circumstances in relation to which the exercise of the power under that section arises are not the same as the circumstances described in the application, and
b
the difference in those circumstances is material to the exercise of the power.
Pt. 1 applied in part (with modifications) (20.7.2005 for specified purposes, 1.9.2005 for specified purposes, 5.12.2005 for specified purposes) by The Financial Assistance Scheme Regulations 2005 (S.I. 2005/1986), regs. 1(1), 4, Sch. 1 Pt. 1 (as amended (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 5(2), 13; (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 5, 18; (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 5, 15)