PART IIOccupational Pensions

Receipts, payments and records

Other responsibilities of trustees, employers, etc.49.

(1)

The trustees of any trust scheme must, except in any prescribed circumstances, keep any money received by them in a separate account kept by them at an institution authorised under the Banking Act 198730.

(2)

Regulations may require the trustees of any trust scheme to keep—

(a)

records of their meetings (including meetings of any of their number), and

(b)

books and records relating to any prescribed transaction.

(3)

Regulations may, in the case of any trust scheme, require the employer, and any prescribed person acting in connection with the scheme, to keep books and records relating to any prescribed transaction.

(4)

Regulations may require books or records kept under paragraph (2) or (3) to be kept in a prescribed form and manner and for a prescribed period.

(5)

Regulations must, in cases where payments of benefit to members of trust schemes are made by the employer, require the employer to make into a separate account kept by him at an institution authorised under the Banking Act 198731 and payments of benefit which have not been made to the members within any prescribed period.

(6)

If in the case of any trust scheme any requirements imposed by or under paragraph (1) or (2) are not complied with, Articles 3 and 10 apply to any trustee who has failed to take all such steps as are reasonable to secure compliance.

(7)

If in the case of any trust scheme any person fails to comply with any requirement imposed under paragraph (3) or (5), Article 10 applies to him.

(8)

Where—

(a)

on making a payment of any earnings in respect of any employment there is deducted any amount corresponding to any contribution payable on behalf of an active member of an occupational pension scheme, and

(b)

the amount deducted is not, within a prescribed period, paid to the trustees or managers of the scheme and there is not reasonable excuse for the failure to do so,

the employer is guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum and, on conviction on indictment, to imprisonment, or a fine, or both.