Section 77A Fixed penalty noticesF1
The Regulator may issue a fixed penalty notice to a person if it considers that the person—
has failed to comply with a notice under section 72 or 72A,
has failed to comply with a requirement under section 75, or
has prevented or hindered an inspector exercising any power under section 73, 74 or 75.
A fixed penalty notice is a notice requiring the person to whom it is issued to pay a penalty within the period specified in the notice.
The penalty—
is to be determined in accordance with regulations, and
must not exceed £50,000.
A fixed penalty notice must—
state the amount of the penalty;
state the date by which the penalty must be paid, which must be at least 28 days after the date on which the notice is issued;
state the period to which the penalty relates;
specify the failure or conduct to which the penalty relates;
state that the Regulator may issue an escalating penalty notice under section 77B if the person fails to comply with a notice under section 72 or 72A;
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 (5)).
The following sections of the Pensions Act 2008 apply to a penalty notice under this section as they apply to a penalty notice under section 40 of that Act—
section 42 (penalty notices: recovery);
section 43 (review of penalty notices);
section 44 (references to First-tier Tribunal or Upper Tribunal).
This section does not apply in a case where section 40 of the Pensions Act 2008 or section 17 of the Pension Schemes Act 2017 applies.
Annotations
Textual amendments
- F1
Ss. 77A, 77B inserted (31.5.2021 for specified purposes, 1.10.2021 in so far as not already in force) by Pension Schemes Act 2021 (c. 1), ss. 112, 131(1); S.I. 2021/620, reg. 2(1)(d); S.I. 2021/950, reg. 2(5)(c) (with reg. 5)
Notes on Part 1
Modifications
- C1
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)