Part 1Pension scheme membership for jobholders

Chapter 2Compliance

Offences and monitoring

45Offences 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.