Pension Schemes Act 2021

Inspection of premises

10 (1) Article 68 (inspection of premises) is amended as follows.

(2) In paragraph (2)—

(a) after sub-paragraph (da) insert—

“(db) Part 2 of the Pension Schemes Act 2021;”;

(b) in sub-paragraph (e)—

(i) at the beginning insert “the Pension Schemes Act 2017 and”;

(ii) for “(da)” substitute “(db)”.

(3) After paragraph (2) insert—

“(2A) An inspector may, for the purposes of investigating whether the Regulator has grounds in the case of an occupational pension scheme for issuing—

(a) a contribution notice under Article 34 (contribution notices where avoidance of employer debt),

(b) a financial support direction under Article 39 (financial support directions),

(c) a contribution notice under Article 43 (contribution notices where non-compliance with financial support direction),

(d) a restoration order under Article 48 (restoration orders where transactions at an undervalue),

(e) a contribution notice under Article 51 (contribution notice where failure to comply with restoration order), or

(f) a notice, direction or order under any corresponding provision in force in Great Britain,

at any reasonable time enter premises liable to inspection.”

(4) After paragraph (5) insert—

“(5A) An inspector may, for the purposes of investigating whether the relevant provisions are being, or have been, complied with in the case of a scheme, at any reasonable time enter premises liable to inspection.

(5B) In paragraph (5A), “the relevant provisions” means provisions contained in or made by virtue of—

(a) such provisions of the pensions legislation as may be prescribed;

(b) any provisions in force in Great Britain, corresponding to the provisions so prescribed.”

(5) In paragraph (6) (premises liable to inspection)—

(a) in sub-paragraph (b), omit the “or” at the end;

(b) after sub-paragraph (c) insert—

“(d) documents relevant to the administration of the business of the employer in relation to the scheme are being kept there,

(e) the administration of the business of the employer in relation to the scheme, or work connected with that administration, is being carried out there, or

(f) in the case of an occupational pension scheme other than a money purchase scheme, a prescribed scheme or a scheme of a prescribed description, documents relevant to a change in the ownership of the employer or of a significant asset of the employer are being kept there.”

(6) After paragraph (6) insert—

“(6A) In the application of this Article in relation to a provision mentioned in paragraph (1), (2A), (3), (4) or (5A), references in this Article to “employer” are to be read as having the meaning that it has for the purposes of the provision in question.

(6B) In this Article a reference to an employer in relation to an occupational pension scheme includes a reference to a person who has been the employer in relation to the scheme.”

(7) In paragraph (7), for “this Article,” substitute “this Article—

• “the pensions legislation” means any statutory provision contained in or made by virtue of—

  (a)

  the Pension Schemes Act,

  (b)

  Part 2 or Article 30 or 42 of the 1999 Order,

  (c)

  this Order,

  (d)

  Schedule 18 to the Pensions Act (Northern Ireland) 2015, or

  (e)

  section 51 or 52 of the Pension Schemes Act 2015;”.