Regulation 44 Reference to the Upper TribunalF1

(1)

A person to whom a penalty notice is issued (“the applicant”) may, if one of the conditions in paragraph (2) is satisfied, make a reference to the Upper Tribunal (“the Tribunal”) in respect of—

(a)

the issue of the notice;

(b)

the amount of the penalty imposed under the notice.

(2)

The conditions are—

(a)

the Regulator has completed a review of the notice under regulation 43;

(b)

the applicant made an application for a review under regulation 43(1)(a) but the Regulator determined not to carry out such a review.

(3)

On a reference under this regulation, the effect of the notice is suspended for the period—

(a)

beginning with the day on which the Tribunal receives the notice of the reference, and

(b)

ending with the relevant day.

(4)

For the purposes of paragraph (3) “the relevant day” is—

(a)

if the applicant withdraws the reference, the day on which it is withdrawn;

(b)

if the reference is made out of time and the Tribunal determines not to allow the reference to proceed, the day on which that determination is made;

(c)

otherwise, the day on which the reference is completed.

(5)

A reference is completed when—

(a)

the reference has been determined, and

(b)

the Tribunal has remitted the matter to the Regulator.

Annotations

Textual amendments

F1: Pt. 6 inserted (1.10.2022) by The Occupational Pension Schemes (Governance and Registration) (Amendment) Regulations 2022 (S.I. 2022/825), regs. 1(2), 2(2)