Section 93 Escalating penalty noticesI1

it considers that the person has failed to comply with a requirement imposed by virtue of section 87, 88 or 90,

it has already issued the person with a fixed penalty notice under section 92 in respect of that failure, and

the period for paying the penalty specified in that notice has passed without the requirement to which that notice related being complied with.

is to be determined in accordance with regulations made by the Secretary of State, and

must not exceed £20,000.

the person has exercised the right of referral to a tribunal under section 44 of the Pensions Act 2008 (as applied by section 92(5)) in respect of a fixed penalty notice issued under section 92,

the escalating penalty notice relates to the same failure as the fixed penalty notice, and

the reference in respect of the fixed penalty notice has not been determined.

specify the failure to which the penalty relates,

state that, if the person fails to comply with the requirement to which the notice relates before a specified date, the person will be liable to pay an escalating penalty,

state the daily rate of the escalating penalty and the way in which the penalty is calculated,

state the date from which the escalating penalty will be payable,

state that the escalating penalty will continue to be payable at the daily rate until the date on which the person complies with the requirement to which the notice relates or an earlier date specified in the notice, and

notify the person to whom the notice is issued of the review process under section 43 of the Pensions Act 2008 and the right of referral to a tribunal under section 44 of that Act (as applied by subsection (6)).

section 42 (penalty notices: recovery);

section 43 (review of penalty notices);

section 44 (references to First-tier Tribunal or Upper Tribunal).