# Pensions Act 2008, Section 45: Offences of failing to comply


(1) An offence is committed by an employer who wilfully fails to comply with—
(a) the duty under section 3(2) (automatic enrolment),
(b) the duty under section 5(2) (automatic re-enrolment), or
(c) the duty under section 7(3) (jobholder's right to opt in).
(2) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both;
(b) on summary conviction to a fine not exceeding the statutory maximum.

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Source: https://www.legislation.gov.uk/ukpga/2008/30/section/45 (the official version)
Page: https://openlegislation.uk/pensions-act-2008/section-45
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.