Pension Schemes Act 2021

Pensions Act 2004 (c. 35)

11 (1) Section 310 (admissibility of statements) is amended as follows.

(2) In subsection (3)(b)—

(a) after “financial penalty” insert “on a relevant ground”;

(b) after “virtue of—” insert—

“(ai) section 88A (financial penalties),”;

(c) for sub-paragraph (i) (and the “or” following it) substitute—

“(i) section 168 of the Pension Schemes Act 1993 (breach of regulations),

(ia) section 10 of the Pensions Act 1995 (civil penalties),

(ib) paragraph 10 of Schedule 17 to the Pensions Act 2014 (penalties for contravention of regulations etc),

(ic) paragraph 3 of Schedule 18 to that Act (penalties for contravention of regulations etc),”;

(d) for sub-paragraph (ii) substitute—

“(ii) section 164 of the Pension Schemes (Northern Ireland) Act 1993 (c. 49) (breach of regulations),

(iii) Article 10 of the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)) (civil penalties),

(iv) Article 83A of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)) (financial penalties),

(v) Article 215G of that Order (penalties for contravention of regulations under Article 215D),

(vi) paragraph 10 of Schedule 17 to the Pensions Act (Northern Ireland) 2015 (c. 5 (N.I.)) (penalties for contravention of regulations etc), or

(vii) paragraph 3 of Schedule 18 to that Act (penalties for contravention of regulations etc).”

(3) After subsection (3) insert—

“(3A) For the purposes of this section a financial penalty is payable on a relevant ground if it is payable otherwise than under—

(a) section 88A as it applies by virtue of—

(i) section 80A (financial penalty for providing false or misleading information to Regulator), or

(ii) section 80B (financial penalty for providing false or misleading information to trustees or managers), or

(b) Article 83A of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)) as it applies by virtue of—

(i) Article 75A of that Order (financial penalty for providing false or misleading information to Regulator), or

(ii) Article 75B of that Order (financial penalty for providing false or misleading information to trustees or managers).”

(4) In subsection (4), in the definition of “information requirement”, after paragraph (c) insert—

“(“ca)

section 72A (requirement to attend interview etc);”.