Article 69 Inspection of premises in respect of employers' obligations

Northern Ireland

F1(A1)

An inspector may, for the purposes of investigating whether an employer is contravening, or has contravened—

(a)

any provision of, or of regulations under, Chapter 1 of Part 1, or section 50 or 54, of the Pensions ( No. 2) Act (Northern Ireland) 2008, or

(b)

any corresponding provision in force in Great Britain,

at any reasonable time enter premises liable to inspection.

(B1)

Premises are liable to inspection for the purposes of paragraph (A1) if the inspector has reasonable grounds to believe that—

(a)

the employer employs workers there,

(b)

documents relevant to any of the following are being kept there—

(i)

the administration of the employer's business,

(ii)

the duties of the employer under Chapter 1 of Part 1 of the Pensions ( No. 2) Act (Northern Ireland) 2008 or any corresponding provision in force in Great Britain,

(iii)

the administration of a pension scheme that is relevant to the discharge of those duties, or

(c)

the administration of the employer's business, or work connected with that administration, is being carried out there.

(C1)

In paragraphs (A1) and (B1) “employer” and “worker” have the meaning given by section 70 of the Pensions ( No. 2) Act (Northern Ireland) 2008.

(D1)

In the application of paragraphs (A1) and (B1) in relation to any provision mentioned in paragraph (A1)(b) (a “corresponding GB provision”), references in those paragraphs to “employer” or “worker” are to be read as having the meaning that they have for the purposes of the corresponding GB provision.

(1)

An inspector may, for the purposes of investigating whether an employer is complying, or has complied, with the requirements under—

(a)

Article 5 of the 1999 Order (duty of employers to facilitate access to stakeholder pension schemes), or

(b)

any corresponding provision in force in Great Britain,

at any reasonable time enter premises liable to inspection.

(2)

Premises are liable to inspection for the purposes of paragraph (1) if the inspector has reasonable grounds to believe that—

(a)

employees of the employer are employed there,

(b)

documents relevant to the administration of the employer's business are being kept there, or

(c)

the administration of the employer's business, or work connected with that administration, is being carried out there.

(3)

In paragraphs (1) and (2), “employer” has the meaning given in Article 5(9) of the 1999 Order (or, where paragraph (1)(b) applies, in any corresponding provision in force in Great Britain).

(4)

An inspector may, for the purposes of investigating whether, in the case of any direct payment arrangements relating to a personal pension scheme, any of the following provisions—

(a)

regulations made by virtue of Articles 237 and 238 (consultation by employers),

(b)

section 107A of the Pension Schemes Act (monitoring of employers' payments to personal pension schemes), or

(c)

any corresponding provision in force in Great Britain,

is being, or has been, complied with, at any reasonable time enter premises liable to inspection.

(5)

Premises are liable to inspection for the purposes of paragraph (4) if the inspector has reasonable grounds to believe that—

(a)

employees of the employer are employed there,

(b)

documents relevant to the administration of—

(i)

the employer's business,

(ii)

the direct payment arrangements, or

(iii)

the scheme to which those arrangements relate,

are being kept there, or

(c)

either of the following is being carried out there—

(i)

the administration of the employer's business, the arrangements or the scheme;

(ii)

work connected with that administration.

(6)

In the application of paragraphs (4) and (5) in relation to any provision mentioned in paragraph (4)(c) (a “corresponding Great Britain provision”), references in those paragraphs to—

direct payment arrangements,
a personal pension scheme,
the employer, or
employees of the employer,
are to be read as having the meanings that they have for the purposes of the corresponding Great Britain provision.

Annotations

Textual amendments

F1: Art. 69(A1)-(D1) inserted (30.6.2012) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 60(3), 118(1) (with s. 73); S.R. 2012/266, art. 2(b), Sch. Pt. 2