OpenLegislation

Section 175 Levies towards certain expenditureF1I1C1C2C3C4

England, Wales and Scotland

(1)

For the purpose of meeting expenditure—

(a)

under section 6,

(b)

under Part X and section 174, F2...

(F3c)

of the Regulatory Authority (including the establishment of the Authority under the Pensions Act 2004), F4...

(d)

of the Lord Chancellor in meeting the costs of the legal assistance scheme established by virtue of section 106 of the Pensions Act 2004 (legal assistance in connection with proceedings before F5a tribunal in relation to a decision of the Pensions Regulator), F6...

(F7da)

of the Secretary of State under section 209(6) of the Pensions Act 2004 (payments to PPF Ombudsman), or

(F8e)

under section 11 of the Financial Guidance and Claims Act 2018 (financial assistance from Secretary of State) relating to the F9Money and Pensions Service’s pensions guidance function (see section 3 of that Act),

regulations may make provision for imposing levies in respect of prescribed occupational or prescribed personal pension schemes.

(2)

Any levy imposed under subsection (1) is payable to the Secretary of State by or on behalf of—

(a)

the administrators of any prescribed public service pension scheme,

(b)

the trustees or managers of any other prescribed occupational or prescribed personal pension scheme, or

(c)

any other prescribed person,

at prescribed rates and at prescribed times.

(3)

Regulations made by virtue of subsection (1)—

(a)

in determining the amount of any levy in respect of the Regulatory Authority, must take account (among other things) of F10—

(i)

any amounts paid to the Secretary of State under section 168(4) of this Act or section 10 of the Pensions Act 1995 (civil penalties), and

(ii)

any fees paid to the Authority under paragraph 25 of Schedule 1 to the Pensions Act 2004 (fees for certain applications), and

(b)

in determining the amount of expenditure in respect of which any levy is to be imposed, may take one year with another and, accordingly, may have regard to expenditure estimated to be incurred in current or future periods and to actual expenditure incurred in previous periods (including periods ending before the coming into force of this subsection).

F11(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F128)

An amount payable by a person on account of a levy imposed under this section shall be a debt due from him to the Secretary of State, and an amount so payable shall be recoverable by the Secretary of State accordingly or, if the Secretary of State so determines, by the Regulatory Authority on his behalf.

(9)

Without prejudice to the generality of F13subsection (1), regulations under this section may include provision relating to—

(a)

the collection and recovery of amounts payable by way of levy under this section, or

(b)

the circumstances in which any such amount may be waived.

Annotations

Textual amendments

F1

S. 175 substituted (16.10.1996 for specified purposes, 1.4.1997 in so far as not already in force) by Pensions Act 1995 (c. 26), ss. 165, 180(1); S.I. 1996/2637, art. 3(c); S.I. 1997/664, art. 2(2), Sch. Pt. 1

F2

Word in s. 175(1)(b) repealed (10.2.2005 for specified purposes, 1.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 1 para. 26(2), Sch. 13; S.I. 2005/275, arts., 2(2)(a), Sch. Pt. 2 (with transitional provisions and savings in S.I. 2005/695, arts. 5(8), 6, Schs. 2, 3 (as amended by S.I. 2005/1108, art. 3(b))

F3

S. 175(1)(c)(d) substituted for s. 175(1)(c) (10.2.2005 for specified purposes, 1.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 1 para. 26(2); S.I. 2005/275, arts., 2(2)(a), Sch. Pt. 2 (with transitional provisions and savings in S.I. 2005/695, arts. 5(8), 6, Schs. 2, 3 (as amended by S.I. 2005/1108, art. 3(b))

F4

Word in s. 175(1) omitted (10.5.2018) by virtue of Financial Guidance and Claims Act 2018 (c. 10), ss. 12(1)(a), 37(1)(b) (with s. 12(3))

F5

Words in s. 175(1)(d) substituted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 20 (with Sch. 5)

F6

Word in s. 175(1)(d) omitted (retrospective to 1.4.2007) by virtue of Pension Schemes Act 2026 (c. 22), ss. 127(1)(a), 133(11)(e)

F7

S. 175(1)(da) inserted (retrospective to 1.4.2007) by Pension Schemes Act 2026 (c. 22), ss. 127(1)(b), 133(11)(e)

F8

S. 175(1)(e) and preceding word inserted (10.5.2018) by Financial Guidance and Claims Act 2018 (c. 10), ss. 12(1)(b), 37(1)(b) (with s. 12(3))

F9

Words in s. 175(1)(e) substituted (6.4.2019) by The Financial Guidance and Claims Act 2018 (Naming and Consequential Amendments) Regulations 2019 (S.I. 2019/383), reg. 1(1), Sch. para. 5

F10

S. 175(3)(a)(i)(ii) substituted for words (10.2.2005 for specified purposes, 1.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 1 para. 26(3) (with s. 313); S.I. 2005/275, arts., 2(2)(a), Sch. Pt. 2 (with transitional provisions and savings in S.I. 2005/695, arts. 5(8), 6, Schs. 2, 3 (as amended by S.I. 2005/1108, art. 3(b))

F11

S. 175(4)-(7) repealed (10.2.2005 for specified purposes, 1.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 13; S.I. 2005/275, art. 2(2)(a), Sch. Pt. 2 (with transitional provisions and savings in S.I. 2005/695, arts. 5(8), 6, Schs. 2, 3 (as amended by S.I. 2005/1108, art. 3(b))

F12

S. 175(8) substituted (10.2.2005 for specified purposes, 1.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 28(a); S.I. 2005/275, art. 2(2)(a), Sch. Pt. 2 (with art. 4) (with transitional provisions and savings in S.I. 2005/695, arts. 5(8), 6, Schs. 2, 3 (as amended by S.I. 2005/1108, art. 3(b))

F13

Words in s. 175(9) substituted (10.2.2005 for specified purposes, 1.4.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), s. 322(1), Sch. 12 para. 28(b); S.I. 2005/275, art. 2(2)(a), Sch. Pt. 2 (with transitional provisions and savings in S.I. 2005/695, arts. 5(8), 6, Schs. 2, 3 (as amended by S.I. 2005/1108, art. 3(b))

Modifications

C1

S. 175(4)-(9) applied (with modifications) (11.11.1999 for specified purposes, 1.10.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(5)(a), Sch. 1 para. 1(1)(2)(a); S.I. 2000/1047, art. 2(2)(c), Sch. Pt. 3

C2

S. 175 savings for effects of 2004 c. 35, Sch. 1 para. 26 Sch. 12 para. 28 Sch. 13 (6.4.2005) by The Pensions Act 2004 (Commencement No. 3, Transitional Provisions and Amendment) Order 2005 (S.I. 2005/695), arts. 5(3), 6, Sch. 3

C3

S. 175 transitional provisions for effects of 2004 c. 35, Sch. 12 para. 28 (6.4.2005) by The Pensions Act 2004 (Commencement No. 3, Transitional Provisions and Amendment) Order 2005 (S.I. 2005/695), art. 5(8), Sch. 2 para. 1

C4

S. 175: power to amend conferred (29.4.2026) by Pension Schemes Act 2026 (c. 22), ss. 31(6)(b), 133(4)(b) (with s. 35)

Commencement

I1

Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2