10Late payments by employers to occupational pension schemes
(1)For section 49(8) of the [1995 c. 26.] Pensions Act 1995 (offence where deduction from earnings not paid in timely fashion to occupational pension scheme) there shall be substituted—
“(8)Where on making a payment of any earnings in respect of any employment there is deducted any amount corresponding to any contribution payable on behalf of an active member of an occupational pension scheme, the amount deducted is to be paid, within a prescribed period, to the trustees or managers of the scheme.
(9)If in any case there is a failure to comply with subsection (8)—
(a)section 10 applies to the employer; and
(b)except in prescribed circumstances, the trustees or managers must give notice of the failure, within the prescribed period, to the Authority and the member.
(10)If in any case subsection (9)(b) is not complied with—
(a)section 3 applies to any trustee who has failed to take all such steps as are reasonable to secure compliance; and
(b)section 10 applies to any trustee or manager who has failed to take all such steps.
(11)If any person is knowingly concerned in the fraudulent evasion of the obligation imposed by subsection (8) in any case, he is guilty of an offence.
(12)A person guilty of an offence under subsection (11) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; and
(b)on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine or both.
(13)A person shall not be required by virtue of subsection (9)(a) above to pay a penalty under section 10 in respect of a failure if in respect of that failure he has been—
(a)required to pay a penalty under that section by virtue of section 3(7) of the Welfare Reform and Pensions Act 1999 (failures in respect of stakeholder pensions), or
(b)convicted of an offence under subsection (11) above.”
(2)In section 88(3) of that Act (civil penalty where contributions by or on behalf of employer to occupational pension scheme not paid by due date), after “by or on behalf of the employer” there shall be inserted “on the employer’s own account”.