The Pensions (Northern Ireland) Order 2005 No. 255 (NI. 1)

PART IX N.I. MISCELLANEOUS AND SUPPLEMENTARY

General N.I.

Admissibility of statements N.I.

282.—(1) A statement made by a person in compliance with an information requirement is admissible in evidence in any proceedings, so long as it also complies with any requirements governing the admissibility of evidence in the circumstances in question.

(2) But in proceedings to which this paragraph applies—

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution or (as the case may be) the Regulator, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(3) Paragraph (2) applies to—

(a) criminal proceedings in which that person is charged with a relevant offence, or

[F1 (bi) Article 215G (penalties for contravention of regulations under Article 215D),]

F1 (b) proceedings as a result of which that person may be required to pay a financial penalty [F2 on a relevant ground] under or by virtue of—

[F3 (ai) Article 83A (financial penalties),]

[F4 (i) section 164 of the Pension Schemes Act (breach of regulations),

(ia) Article 10 of the 1995 Order (civil penalties),

(ib) paragraph 10 of Schedule 17 to the Pensions Act (Northern Ireland) 2015 (penalties for contravention of regulations etc),

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

[F5 (ii) section 168 of the Pension Schemes Act 1993 (breach of regulations),

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

(iv) section 88A of the Pensions Act 2004 (financial penalties),

(v) section 238G of that Act (penalties for contravention of regulations under section 238D),

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

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

[F6 (3A) For the purposes of this Article a financial penalty is payable on a relevant ground if it is payable otherwise than under—

(a) Article 83A as it applies by virtue of—

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

(ii) Article 75B (financial penalty for providing false or misleading information to trustees or managers), or

(b) section 88A of the Pensions Act 2004 as it applies by virtue of—

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

(ii) section 80B of that Act (financial penalty for providing false or misleading information to trustees or managers).]

(4) In this Article—

• “information requirement” means any statement made in compliance with any duty imposed by or by virtue of—

  (a)

  Article 59 (duty of trustees or managers to provide scheme return);

  (b)

  Article 65 (duty to report breaches of the law);

  (c)

  Article 67 (requirement to provide information to the Regulator);

  (ca)

  [F7 Article 67A (requirement to attend interview etc);]

  (d)

  Article 70 (inspection of premises: powers of inspectors to examine etc.);

  (e)

  Article 73(2)(d) (power of inspector entering under warrant to require a person to provide an explanation of a document);

  (f)

  Article 172 (information to be provided to the Board);

  (g)

  Article 173 (notices requiring provision of information to the Board);

  (h)

  Article 174 (entry of premises: powers of appointed persons to examine etc.);

  (i)

  Article 176(2)(d) (power of inspector entering under warrant to require a person to provide an explanation of a document);

  (j)

  Article 191 (power to make order enabling PPF Ombudsman to obtain information, documents etc.);

  (k)

  Article 192 or 193 (disclosure of information on references made to PPF Ombudsman);

  (l)

  Article 207 (failure to make payments in accordance with schedule of contributions);

  (m)

  paragraph 19 of Schedule 1 to the Pensions Act 2004 (power to make regulations enabling Regulator to summon persons to give evidence before it);

  (n)

  paragraph 11 of Schedule 4 to that Act (the Pensions Regulator Tribunal: evidence);

  (o)

  [F8 Tribunal Procedure Rules so far as applying to decisions of the Regulator;]

• “relevant offence” means any offence other than one under—

  (a)

  Article 72 (neglect or refusal to provide information etc. to the Regulator);

  (b)

  Article 75 (providing false or misleading information to the Regulator);

  (c)

  Article 175 (neglect or refusal to provide information etc. to the Board);

  (d)

  Article 177 (providing false or misleading information to the Board);

  (e)

  any provision in force in Great Britain corresponding to a provision mentioned in paragraphs (a) to (d);

  (f)

  Article 10 of the Perjury (Northern Ireland) Order 1979 (NI 19) (false statements made otherwise than on oath);

  (g)

  section 5 of the Perjury Act 1911 (c. 6) (false statements made otherwise than on oath);

  (h)

  section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (false statements made otherwise than on oath).

F1 Art. 282(3)(b)(bi) inserted (11.2.2021 for specified purposes, 31.10.2022 in so far as not already in operation) by Pension Schemes Act 2021 (c. 1), s. 131(2)(c)(3)(a), Sch. 9 para. 4; S.R. 2022/291, art. 2

F2 Words in art. 282(3)(b) inserted (1.10.2021) by Pension Schemes Act 2021 (c. 1), s. 131(2)(b), Sch. 8 para. 25(2)(a); S.R. 2021/271, art. 2(4)(f)

F3 Art. 282(3)(b)(ai) inserted (1.10.2021) by Pension Schemes Act 2021 (c. 1), s. 131(2)(b), Sch. 8 para. 25(2)(b); S.R. 2021/271, art. 2(4)(f)

F4 Art. 282(3)(b)(i)-(ic) substituted for art. 282(3)(b)(i) (1.10.2021) by Pension Schemes Act 2021 (c. 1), s. 131(2)(b), Sch. 8 para. 25(2)(c); S.R. 2021/271, art. 2(4)(f)

F5 Art. 282(3)(b)(ii)-(vii) substituted for art. 282(3)(b)(ii) (1.10.2021) by Pension Schemes Act 2021 (c. 1), s. 131(2)(b), Sch. 8 para. 25(2)(d); S.R. 2021/271, art. 2(4)(f)

F6 Art. 282(3A) inserted (1.10.2021) by Pension Schemes Act 2021 (c. 1), s. 131(2)(b), Sch. 8 para. 25(3); S.R. 2021/271, art. 2(4)(f)

F7 Words in art. 282(4) inserted (1.10.2021) by Pension Schemes Act 2021 (c. 1), s. 131(2)(b), Sch. 8 para. 25(4); S.R. 2021/271, art. 2(4)(f)

F8 Art. 282(4): words in definition of "information requirement" added (6.4.2010) by Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010 (c. 4), ss. 3(1), 5(2), Sch. 1 para. 21 (with transitional and saving in Sch. 2); S.R. 2010/101, art. 2