Explanatory Memorandum

Pensions (No. 2) Act (Northern Ireland) 2008

2008 CHAPTER 13

15 December 2008

Commentary on Sections

PART 1 – Pension Scheme Membership for Jobholders

CHAPTER 4 – Supplementary provision about compliance and information-sharing
Section 60: Powers to require information and to enter premises

This section gives the Pensions Regulator powers to require information and to enter premises to ensure compliance.  It amends Article 67 of the Pensions (Northern Ireland) Order 2005 to permit the Regulator to require any person who holds or is likely to hold information relevant to the exercise of the Regulator’s functions to provide an explanation of a document requested, at a specified time and place.

The Regulator will not be able to require anyone to answer any question or provide any information that might incriminate themselves or their partner or spouse (subsection (2)).

This section also amends Article 69 of the Pensions (Northern Ireland) Order 2005 to allow an inspector, appointed by the Regulator, to enter premises liable to inspection to investigate whether an employer is complying with requirements under Chapter 1 of Part 1, section 50 or 54 or any corresponding provision in force in Great Britain (subsection (3)).