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Pensions Act 2008

Section 45: Offences of failing to complySection 46: Offences by bodies corporateSection 47: Offences by partnerships and unincorporated associations

118.Sections 45 to 47 make it a criminal offence for employers wilfully to fail to comply with specified duties.

119.These duties are automatic enrolment (section 3(2)), re-enrolment of eligible jobholders into an automatic enrolment scheme (section 5(2)) and the requirement to enrol jobholders into an automatic enrolment scheme at the jobholders’ request (section 7(3)).

120.Section 45 provides that a person who commits such an offence could face imprisonment for up to two years and/or a fine. If convicted in a magistrates’ court, the maximum penalty is a fine not exceeding the statutory maximum.

121.Sections 46 and 47 enable the following to be prosecuted for the section 45 offence:

  • specified individuals within a body corporate, as well as the body corporate itself (section 46);

  • partnerships and individual partners (section 47); and

  • unincorporated associations and officers within these (section 47).

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