Part 1

The Pensions Regulator

Gathering information

Inspection of premises in respect of employers' obligations
74
A1
An inspector may, for the purposes of investigating whether an employer is contravening, or has contravened—
a
any provision of, or of regulations under, Chapter 1 of Part 1, or section 50 or 54, of the Pensions Act 2008, or
b
any corresponding provision in force in Northern Ireland,
at any reasonable time enter premises liable to inspection.
B1
Premises are liable to inspection for the purposes of subsection (A1) if the inspector has reasonable grounds to believe that—
a
the employer employs workers there,
b
documents relevant to any of the following are being kept there—
i
the administration of the employer's business,
ii
the duties of the employer under Chapter 1 of Part 1 of the Pensions Act 2008 or under any corresponding provision in force in Northern Ireland,
iii
the administration of a pension scheme that is relevant to the discharge of those duties, or
c
the administration of the employer's business, or work connected with that administration, is being carried out there.
C1
In subsections (A1) and (B1) “employer” and “worker” have the meaning given by section 88 of the Pensions Act 2008.
D1
In the application of subsections (A1) and (B1) in relation to any provision mentioned in subsection (A1)(b) (a “corresponding Northern Ireland provision”), references in those subsections to “employer” or “worker” are to be read as having the meaning that they have for the purposes of the corresponding Northern Ireland provision.
1
An inspector may, for the purposes of investigating whether an employer is complying, or has complied, with the requirements under—
a
section 3 of the Welfare Reform and Pensions Act 1999 (duty of employers to facilitate access to stakeholder pension schemes), or
b
any corresponding provision in force in Northern Ireland,
at any reasonable time enter premises liable to inspection.
2
Premises are liable to inspection for the purposes of subsection (1) if the inspector has reasonable grounds to believe that—
a
employees of the employer are employed there,
b
documents relevant to the administration of the employer’s business are being kept there, or
c
the administration of the employer’s business, or work connected with that administration, is being carried out there.
3
In subsections (1) and (2), “employer” has the meaning given by section 3(9) of the Welfare Reform and Pensions Act 1999 (or, where subsection (1)(b) applies, by any corresponding provision in force in Northern Ireland).
4
An inspector may, for the purposes of investigating whether, in the case of any direct payment arrangements relating to a personal pension scheme, any of the following provisions—
a
regulations made by virtue of sections 260 and 261 (consultation by employers),
b
section 111A of the Pension Schemes Act 1993 (c. 48) (monitoring of employers' payments to personal pension schemes), or
c
any corresponding provisions in force in Northern Ireland,
is being, or has been, complied with, at any reasonable time enter premises liable to inspection.
5
Premises are liable to inspection for the purposes of subsection (4) if the inspector has reasonable grounds to believe that—
a
employees of the employer are employed there,
b
documents relevant to the administration of—
i
the employer’s business,
ii
the direct payment arrangements, or
iii
the scheme to which those arrangements relate,
are being kept there, or
c
either of the following is being carried out there—
i
the administration of the employer’s business, the arrangements or the scheme;
ii
work connected with that administration.
6
In the application of subsections (4) and (5) in relation to any provision mentioned in subsection (4)(c) (a “corresponding Northern Ireland provision”), references in those subsections to—
- direct payment arrangements,
- a personal pension scheme,
- the employer, or
- employees of the employer,
are to be read as having the meanings that they have for the purposes of the corresponding Northern Ireland provision.
S. 74 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7
Pt. 1 applied in part (with modifications) (20.7.2005 for specified purposes, 1.9.2005 for specified purposes, 5.12.2005 for specified purposes) by The Financial Assistance Scheme Regulations 2005 (S.I. 2005/1986), regs. 1(1), 4, Sch. 1 Pt. 1 (as amended (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 5(2), 13; (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 5, 18; (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 5, 15)
S. 74(A1)-(D1) inserted (30.6.2012) by Pensions Act 2008 (c. 30), ss. 61(3), 149(1); S.I. 2012/1682, art. 2, Sch. 2