# Pensions Act 2004, Section 77A: Fixed penalty notices


(1) The Regulator may issue a fixed penalty notice to a person if it considers that the person—
(a) has failed to comply with a notice under section 72 or 72A,
(b) has failed to comply with a requirement under section 75, or
(c) has prevented or hindered an inspector exercising any power under section 73, 74 or 75.
(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.
(3) The penalty—
(a) is to be determined in accordance with regulations, and
(b) must not exceed £50,000.
(4) A fixed penalty notice must—
(a) state the amount of the penalty;
(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;
(c) state the period to which the penalty relates;
(d) specify the failure or conduct to which the penalty relates;
(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;
(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)).
(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—
(a) section 42 (penalty notices: recovery);
(b) section 43 (review of penalty notices);
(c) section 44 (references to First-tier Tribunal or Upper Tribunal).
(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.

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Source: https://www.legislation.gov.uk/ukpga/2004/35/section/77A (the official version)
Page: https://openlegislation.uk/pensions-act-2004/section-77A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.