{
  "url": "https://openlegislation.uk/pensions-act-2004/section-77A",
  "json_url": "https://openlegislation.uk/pensions-act-2004/section-77A.json",
  "legislation": "ukpga/2004/35",
  "legislation_title": "Pensions Act 2004",
  "legislation_url": "https://openlegislation.uk/pensions-act-2004",
  "path": "section/77A",
  "kind": "section",
  "number": "77A",
  "heading": "Fixed penalty notices",
  "text": "(1) The Regulator may issue a fixed penalty notice to a person if it considers that the person—\n(a) has failed to comply with a notice under section 72 or 72A,\n(b) has failed to comply with a requirement under section 75, or\n(c) has prevented or hindered an inspector exercising any power under section 73, 74 or 75.\n(2) 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.\n(3) The penalty—\n(a) is to be determined in accordance with regulations, and\n(b) must not exceed £50,000.\n(4) A fixed penalty notice must—\n(a) state the amount of the penalty;\n(b) 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;\n(c) state the period to which the penalty relates;\n(d) specify the failure or conduct to which the penalty relates;\n(e) 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;\n(f) 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)).\n(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—\n(a) section 42 (penalty notices: recovery);\n(b) section 43 (review of penalty notices);\n(c) section 44 (references to First-tier Tribunal or Upper Tribunal).\n(6) 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "ukpga/2026/22",
      "affecting_title": "Pension Schemes Act 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2004/35/section/77A",
    "retrieved_at": "2026-10-29T09:16:45.114281+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."
}