(1)For the purpose of meeting expenditure—
(a)[F2under section 2,]
(b)under Part X and section 169,[F3or]
(c)[F4of the Regulatory Authority (including the establishment of the authority and, if the authority are appointed as Registrar under section 6 of the Pension Schemes Act 1993, their expenditure as Registrar),]
(c)[F4regulations may make provision for imposing levies in respect of prescribed occupational or prescribed personal pension schemes.
(d)of the Lord Chancellor in meeting the costs of the legal assistance scheme established by virtue of section 106 of the Pensions Act 2004 (legal assistance in connection with proceedings before the Pensions Regulator Tribunal),]
(2)Any levy imposed under subsection (1) is payable to the Department by or on behalf of—
(a)the administrators of any prescribed public service pension scheme,
(b)the trustees or managers of any other prescribed occupational or prescribed personal pension scheme, or
(c)any other prescribed person,
at prescribed rates and at prescribed times.
(3)Regulations made by virtue of subsection (1)—
(a)in determining the amount of any levy in respect of the Regulatory Authority, must take account (among other things) of [F5any amounts paid to the Department under section 164(4) or Article 10 of the Pensions (Northern Ireland) Order 1995, and]
[F5(i)any amounts paid to the Department under section 164(4) of this Act or Article 10 of the Pensions (Northern Ireland) Order 1995 (civil penalties), and
(ii)any fees paid to the Regulatory Authority under paragraph 25 of Schedule 1 to the Pensions Act 2004 (fees for applications), and]
(b)in determining the amount of expenditure in respect of which any levy is to be imposed, may take one year with another and, accordingly, may have regard to expenditure estimated to be incurred in current or future periods and to actual expenditure incurred in previous periods (including periods ending before the coming into operation of this subsection).
(4)[F6Regulations may make provision for imposing a levy in respect of prescribed occupational pension schemes for the purpose of meeting expenditure of the Pensions Compensation Board (including the establishment of the Board).]
(5)[F6Any levy imposed under subsection (4) is payable to the Board by or on behalf of—
(a)the trustees of any prescribed occupational pension scheme, or
(b)any other prescribed person,
at prescribed times and at a rate not exceeding the prescribed rate, determined by the Board. ]
(6)[F6In determining the amount of expenditure in respect of which any levy under subsection (4) is to be imposed, the Board, and regulations made by virtue of subsection (5), may take one year with another and, accordingly, may have regard to expenditure estimated to be incurred in current or future periods and to actual expenditure incurred in previous periods (including periods ending before the coming into operation of this subsection).]
(7)[F6Notice of the rates determined by the Board under subsection (5) must be given to prescribed persons in the prescribed manner.]
(8)[F7An amount payable by a person on account of a levy imposed under this section shall be a debt due from him to the appropriate person, that is—
(a)if the levy is imposed under subsection (1), the Department, and
(b)if the levy is imposed under subsection (4), the Board,
and an amount so payable shall be recoverable by the appropriate person accordingly or, if the appropriate person so determines, be recoverable by the Registrar on behalf of the appropriate person.]
(8)[F7An amount payable by a person on account of a levy imposed under this section shall be a debt due from him to the Department, and an amount so payable shall be recoverable by the Department accordingly or, if the Department so determines, by the Regulatory Authority on its behalf.]
(9)Without prejudice to the generality of [F8subsections (1) and (4)] [F8subsection (1)] , regulations under this section may include provision relating to—
(a)the collection and recovery of amounts payable by way of levy under this section, or
(b)the circumstances in which any such amount may be waived.]
Textual Amendments
F1S. 170 substituted (19.11.1996 for certain purposes otherwise 1.4.1997) by S.I. 1995/3213 (N.I. 22), art. 161; S.R. 1996/534, art. 2(a); S.R. 1997/192, art. 2(a)
F2S. 170(1)(a) repealed (25.2.2005 for specified purposes, 1.4.2005 for all other purposes) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), art. 1(2), Sch. 11; S.R. 2005/48, art. 2(3)(a), Sch. Pt. 3
F3Word in s. 170(1)(b) repealed (25.2.2005 for specified purposes, 1.4.2005 for all other purposes) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), art. 1(2), Sch. 1 para. 3(2), Sch. 11; S.R. 2005/48, art. 2(3)(a), Sch. Pt. 3
F4S. 170(1)(c)-(d) substituted for s. 170(1)(c) (25.2.2005 for specified purposes, 1.4.2005 for all other purposes) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), art. 1(2), Sch. 1 para. 3(2); S.R. 2005/48, art. 2(3)(a), Sch. Pt. 3
F5Words in s. 170(3)(a) substituted (25.2.2005 for specified purposes, 1.4.2005 for all other purposes) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), art. 1(2), Sch. 1 para. 3(3); S.R. 2005/48, art. 2(3)(a), Sch. Pt. 3
F6S. 170(4)-(7) repealed (25.2.2005 for specified purposes, 1.4.2005 for all other purposes) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), art. 1(2), Sch. 11; S.R. 2005/48, art. 2(3)(a), Sch. Pt. 3
F7S. 170(8) substituted (25.2.2005 for specified purposes, 1.4.2005 for all other purposes) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), art. 1(2), Sch. 10 para. 23(a); S.R. 2005/48, art. 2(3)(a), Sch. Pt. 3 (with art. 6)
F8Words in s. 170(9) substituted (25.2.2005 for specified purposes, 1.4.2005 for all other purposes) by The Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1), art. 1(2), Sch. 10 para. 23(b); S.R. 2005/48, art. 2(3)(a), Sch. Pt. 3
Modifications etc. (not altering text)
C1S. 170(4)-(9) applied (with modifications) (1.12.1999 for certain purposes and otherwise 1.10.2000) by S.I. 1999/3147 (N.I. 11), arts. 1(5)(a), 8(3), Sch. 1 para. 1(2)(a); S.R. 2000/133, art. 2(3)(c), Sch. Pt. III
C2S. 170(8) continued (24.2.2005) by The Pensions (2005 Order) (Commencement No. 1 and Consequential and Transitional Provisions) Order (Northern Ireland) 2005 (S.R. 2005/48), art. 6