{
  "url": "https://openlegislation.uk/draft-occupational-pension-schemes-climate-change-governance-and-reporting-regulations-2021/regulation-9",
  "json_url": "https://openlegislation.uk/draft-occupational-pension-schemes-climate-change-governance-and-reporting-regulations-2021/regulation-9.json",
  "legislation": "ukdsi/2021/9780348224382",
  "legislation_title": "The Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021",
  "legislation_url": "https://openlegislation.uk/draft-occupational-pension-schemes-climate-change-governance-and-reporting-regulations-2021",
  "path": "regulation/9",
  "kind": "regulation",
  "number": "9",
  "heading": "Penalty notices",
  "text": "(1) Subject to paragraph (2) and to regulation 11(1) and (3)(b), the Authority may issue a penalty notice to—\n(a) a person where they are of the opinion that the person has—\n(i) failed to comply with a compliance notice under regulation 7; or\n(ii) contravened a provision under Part 2 of, or the Schedule to, these Regulations;\n(b) a third party where they are of the opinion that the third party has failed to comply with a third party compliance notice under regulation 8.\n(2) Where the Authority are of the opinion that a person has failed to comply with the requirement in regulation 6(1)(b) to publish a report on a publicly available website, accessible free of charge, the Authority must issue a penalty notice to that person.\n(3) A penalty notice is a notice requiring the person to whom it is issued to pay a penalty within the period specified in the notice.\n(4) The amount of the penalty is to be determined by the Authority, but—\n(a) for the purpose of a penalty notice issued under paragraph (1) or (2), must not exceed—\n(i) £5,000 if the person is an individual; or\n(ii) £50,000 if the person is a body corporate, Scottish partnership or any other person;\n(b) for the purpose of a penalty notice issued under paragraph (2), must be at least £2,500.\n(5) A penalty notice must—\n(a) where it is issued to trustees, be issued to all the trustees of the scheme and specify their joint and several liability for the penalty;\n(b) state the amount of the penalty;\n(c) state the date by which the penalty must be paid, which must be at least 4 weeks after the date on which the notice is issued;\n(d) state the period (if any) to which the penalty relates;\n(e) if the notice is issued under paragraph (1)(a)(i) or (b) or (2), specify the failure to which the notice relates;\n(f) if the notice is issued under paragraph (1)(a)(ii), specify the provision or provisions which have been contravened; and\n(g) notify the person to whom the notice is issued of the review process under regulation 12 and the right of referral to a tribunal under regulation 13.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2021/9780348224382/regulation/9",
    "retrieved_at": "2026-10-30T14:47:03.963100+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}