Part I

Occupational pensions

General

Breach of regulations.
116
1
Regulations made by virtue of any provision of this Part may provide for the contravention of any provision contained in any such regulations to be an offence under this Part and for the recovery on summary conviction for any such offence of a fine not exceeding level 5 on the standard scale.
2
An offence under any provision of the regulations may be charged by reference to any day or longer period of time; and a person may be convicted of a second or subsequent offence under such a provision by reference to any period of time following the preceding conviction of the offence.
3
Where by reason of the contravention of any provision contained in regulations made by virtue of this Part—
a
a person is convicted of an offence under this Part, or
b
a person pays a penalty under section 10 or under provision contained in regulations made by virtue of section 41C,
then, in respect of that contravention, he shall not, in a case within paragraph (a), be liable to pay such a penalty or, in a case within paragraph (b), be convicted of such an offence.
Pt. I modified (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786), regs. 1, 2
S. 116(1) in force at 16.7.1996 by S.I. 1996/1853, reg. 2
Pt. I applied (with modifications) (6.4.1997) by The Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/786), reg. 2
S. 116(2)(3) in force at 6.4.1997 in so far as not already in force by S.I. 1997/664, art. 2(3), Sch. Pt. 3
S. 116 applied (1.9.2005) by Pensions Act 2004 (c. 35), ss. 314(b), 322(1) (with s. 313); S.I. 2005/2447, art. 2(4), Sch. Pt. 1
Pt. I: Pensions Act 2004 (c.35), Pt. 3 construed as one with Pt. I of this Act (4.12.2005 for specified purposes, 30.12.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), ss. 233, 322(1) (with s. 313); S.I. 2005/3331, art. 2(1)(a)(b), Sch. Pt. 1
Words in s. 116(3)(b) inserted (31.5.2021) by Pension Schemes Act 2021 (c. 1), ss. 124(3), 131(1); S.I. 2021/620, reg. 2(2)(b)