PART IITHE PENSIONS REGULATOR

Gathering information

Inspection of premises68

1

An inspector may, for the purposes of investigating whether, in the case of any occupational pension scheme, the occupational scheme provisions are being, or have been, complied with, at any reasonable time enter premises liable to inspection.

2

In paragraph (1), the “occupational scheme provisions” means provisions contained in or made by virtue of—

a

any of the following provisions of this Order—

  • Part I (introductory);

  • this Part;

  • Part IV (scheme funding);

  • Articles 218 to 220 (member-nominated trustees and directors);

  • Articles 224 to 226 (requirement for knowledge and understanding);

  • Article 229 (UK-based scheme to be trust with effective rules);

  • Article 230 (F5non-UK scheme to be trust with UK resident trustee);

  • Article 232 (activities of occupational pension schemes);

  • Article 233 (no indemnification for fines or civil penalties);

  • Articles 236 and 238 (consultation by employers);

  • F1...

  • Part IX (miscellaneous and supplementary);

b

either of the following provisions of the 1999 Order—

  • Article 30 (time for discharge of pension credit liability);

  • Article 42 (information);

c

any of the provisions of Part II of the 1995 Order (occupational pension schemes), other than—

i

Articles 51 to 54 (indexation), and

ii

Articles 62 to 65 (equal treatment);

d

any of the following provisions of the Pension Schemes Act—

  • F4Chapter 1 of Part 4ZA (transfer values);

  • F3Chapter 2 of Part 4ZA (early leavers: cash transfer sums and contribution refunds);

  • Chapter 2 of Part IVA (pension credit transfer values);

  • section 109 (information);

  • section 170 (levy);

F2da

section 16 of the Public Service Pensions Act (Northern Ireland) 2014;

F14db

Part 2 of the Pension Schemes Act 2021;

F13dc

the Pension Schemes Act (Northern Ireland) 2021;

e

F9the Pension Schemes Act 2017 and any provisions in force in Great Britain corresponding to any provisions within sub-paragraphs (a) to F15(db) .

F62A

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.

3

An inspector may, for the purposes of investigating whether, in the case of a stakeholder scheme—

a

Articles 3 and 4(4) of the 1999 Order (stakeholder pension schemes: registration etc.), or

b

any corresponding provisions in force in Great Britain,

are being, or have been, complied with, at any reasonable time enter premises liable to inspection.

4

An inspector may, for the purposes of investigating whether, in the case of any trust-based personal stakeholder scheme, the trust-based scheme provisions are being, or have been, complied with, at any reasonable time enter premises liable to inspection.

5

In paragraph (4)—

“trust-based personal stakeholder scheme” means a personal pension scheme which—

  1. a

    is a stakeholder scheme, and

  2. b

    is established under a trust;

the “trust-based scheme provisions” means any provisions contained in or made by virtue of—

  1. a

    any provision which applies in relation to trust-based personal stakeholder schemes by virtue of paragraph 1 of Schedule 1 to the 1999 Order, as the provision applies by virtue of that paragraph, or

  2. b

    any corresponding provision in force in Great Britain.

F75A

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.

C16

Premises are liable to inspection for the purposes of this Article if the inspector has reasonable grounds to believe that—

a

members of the scheme are employed there,

b

documents relevant to the administration of the scheme are being kept there, F11...

c

the administration of the scheme, or work connected with that administration, is being carried out there.

F10d

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.

F86A

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 F12this 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;

“stakeholder scheme” means an occupational pension scheme or a personal pension scheme which is or has been registered under—

a

Article 4 of the 1999 Order (register of stakeholder schemes), or

b

any corresponding provision in force in Great Britain.