# Pensions Act 2008, Section 36: Third party compliance notices


(1) The Regulator may issue a third party compliance notice if it is of the opinion that—
(a) a person has contravened one or more of the employer duty provisions,
(b) the contravention is or was, wholly or partly, a result of a failure of another person (the “third party”) to do any thing, and
(c) that failure is not itself a contravention of any of the employer duty provisions.
(2) A third party compliance notice is a notice directing the third party to take, or refrain from taking, the steps specified in the notice in order to remedy or prevent a recurrence of the failure.
(3) A third party notice may, in particular—
(a) state the period within which any step must be taken or must cease to be taken;
(b) require the third party to inform the Regulator, within a specified period, how the third party has complied or is complying with the notice;
(c) state that, if the third party fails to comply with the requirements of the notice, the Regulator may issue a fixed penalty notice under section 40.
(4) A third party notice may give the third party a choice between different ways of remedying or preventing the recurrence of the third party's failure.

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Source: https://www.legislation.gov.uk/ukpga/2008/30/section/36 (the official version)
Page: https://openlegislation.uk/pensions-act-2008/section-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

