Article 41C Articles 41A and 41B: complianceF1

(1)

Regulations may make provision with a view to ensuring compliance with a provision of regulations under Article 41A or 41B.

(2)

The regulations may in particular—

(a)

provide for the Authority to issue a notice (a “compliance notice”) to a person with a view to ensuring the person's compliance with a provision of regulations under Article 41A or 41B;

(b)

provide for the Authority to issue a notice (a “third party compliance notice”) to a person with a view to ensuring another person's compliance with a provision of regulations under Article 41A or 41B;

(c)

provide for the Authority to issue a notice (a “penalty notice”) imposing a penalty on a person where the Authority are of the opinion that the person—

(i)

has failed to comply with a compliance notice or third party compliance notice, or

(ii)

has contravened a provision of regulations under Article 41A or 41B;

(d)

provide for the making of a reference to the First-tier Tribunal or Upper Tribunal in respect of the issue of a penalty notice or the amount of a penalty;

(e)

confer other functions on the Authority.

(3)

The regulations may make provision for determining the amount, or the maximum amount, of a penalty in respect of a failure or contravention.

(4)

But the amount of a penalty imposed under the regulations in respect of a failure or contravention must not exceed—

(a)

£5,000, in the case of an individual, and

(b)

£50,000, in any other case.

(5)

In this Article “First-tier Tribunal” and “Upper Tribunal” mean those tribunals established under section 3 of the Tribunals, Courts and Enforcement Act 2007.

Annotations

Textual amendments

F1: Arts. 41A-41C inserted (1.9.2021) by Pension Schemes Act 2021 (c. 1), s. 131(2)(d)(3)(c), Sch. 11 para. 12(2); S.R. 2021/240, art. 2(2)(e)

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481
F2: functions transf. by 2005 NI 1