F1PART 20APENSIONS GUIDANCE
False claims when giving pensions guidance
333GOffence of falsely claiming to be giving pensions guidance under Treasury arrangements
1
It is an offence for a person who is not giving pensions guidance under arrangements made with the Treasury—
a
to describe himself (in whatever terms) as a person who is doing so, or
b
to behave, or otherwise hold himself out, in a manner which indicates (or which is reasonably likely to be understood as indicating) that he is doing so.
2
For the purposes of subsection (1), pensions guidance given by a designated guidance provider is given under arrangements made with the Treasury.
3
In proceedings for an offence under this section it is a defence for the accused to show that the accused took all reasonable precautions and exercised all due diligence to avoid committing the offence.
4
A person guilty of an offence under this section is liable on summary conviction—
a
in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine, or both;
b
in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale, or both;
c
in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both.
5
In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (4)(a) to 51 weeks is to be read as a reference to 6 months.
6
In relation to an offence committed before section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (4)(a) to a fine is to be read as a reference to a fine not exceeding level 5 on the standard scale.
Pt. 20A inserted (3.3.2015) by Pension Schemes Act 2015 (c. 8), s. 89(1)(a), Sch. 3 para. 2 (with s. 87, Sch. 3 para. 18(1))