43Review of noticesE+W+S
(1)The Regulator may review a notice to which this section applies—
(a)on the written application of the person to whom the notice was issued, or
(b)if the Regulator otherwise considers it appropriate.
(2)This section applies to—
(a)a compliance notice issued under section 35;
(b)a third party compliance notice issued under section 36;
(c)an unpaid contributions notice issued under section 37;
(d)a fixed penalty notice issued under section 40;
(e)an escalating penalty notice issued under section 41.
(3)Regulations may prescribe the period within which—
(a)an application to review a notice may be made under subsection (1)(a);
(b)a notice may be reviewed under subsection (1)(b).
(4)On a review of a notice, the effect of the notice is suspended for the period beginning when the Regulator determines to carry out the review and ending when the review is completed.
(5)In carrying out a review, the Regulator must consider any representations made by the person to whom the notice was issued.
(6)The Regulator's powers on a review include power to—
(a)confirm, vary or revoke the notice;
(b)substitute a different notice.
Modifications etc. (not altering text)
C1S. 43 applied (27.4.2017 for specified purposes, 5.9.2018 for specified purposes, 1.10.2018 in so far as not already in force) by Pension Schemes Act 2017 (c. 17), ss. 17(5)(b), 44(1)(a); S.I. 2018/965, reg. 2(a)(b)
C2S. 43 applied (27.4.2017 for specified purposes, 5.9.2018 for specified purposes, 1.10.2018 in so far as not already in force) by Pension Schemes Act 2017 (c. 17), ss. 18(7)(b), 44(1)(a); S.I. 2018/965, reg. 2(a)(b)
C3S. 43 applied (31.5.2021 for specified purposes, 1.10.2021 in so far as not already in force) by 2004 c. 35, s. 77B(7)(b) (with s. 77B(8)) (as inserted by Pension Schemes Act 2021 (c. 1), ss. 112, 131(1); S.I. 2021/620, reg. 2(1)(d); S.I. 2021/950, reg. 2(5)(c) (with reg. 5))
C4S. 43 applied (31.5.2021 for specified purposes, 1.10.2021 in so far as not already in force) by 2004 c. 35, s. 77A(5)(b) (with s. 77A(6)) (as inserted by Pension Schemes Act 2021 (c. 1), ss. 112, 131(1); S.I. 2021/620, reg. 2(1)(d); S.I. 2021/950, reg. 2(5)(c) (with reg. 5))
Commencement Information
I1S. 43 wholly in force at 30.6.2012; s. 43 in force for certain purposes at Royal Assent see s. 149(2)(k); s. 43 in force so far as not already in force at 30.6.2012 by S.I. 2012/1682, art. 2(1)(2)(a), Sch. 1