No versions valid at: 15/03/2005
Point in time view as at 15/03/2005. This version of this provision is not valid for this point in time.
Pensions Act 2004, Section 42 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Yn ddilys o 06/04/2005
(1)An application may be made to the Regulator under this section for the issue of a clearance statement within paragraph (a), (b) or (c) of subsection (2) in relation to circumstances described in the application.
(2)A clearance statement is a statement, made by the Regulator, that in its opinion in the circumstances described in the application—
(a)the applicant would not be, for the purposes of subsection (3)(a) of section 38, a party to an act or a deliberate failure to act falling within subsection (5)(a) of that section,
(b)it would not be reasonable to impose any liability on the applicant under a contribution notice issued under section 38, or
(c)such requirements of that section as may be prescribed would not be satisfied in relation to the applicant.
(3)Where an application is made under this section, the Regulator—
(a)may request further information from the applicant;
(b)may invite the applicant to amend the application to modify the circumstances described.
(4)Where an application is made under this section, the Regulator must as soon as reasonably practicable—
(a)determine whether to issue the clearance statement, and
(b)where it determines to do so, issue the statement.
(5)A clearance statement issued under this section binds the Regulator in relation to the exercise of the power to issue a contribution notice under section 38 to the applicant unless—
(a)the circumstances in relation to which the exercise of the power under that section arises are not the same as the circumstances described in the application, and
(b)the difference in those circumstances is material to the exercise of the power.
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Mae’r holl gynnwys ar gael dan Drwydded Llywodraeth Agored v3.0 ac eithrio ble nodir yn wahanol. Yn ychwanegol mae’r safle hwn â chynnwys sy’n deillio o EUR-Lex, a ailddefnyddiwyd dan delerau Penderfyniad y Comisiwn 2011/833/EU ar ailddefnyddio dogfennau o sefydliadau’r UE. Am ragor o wybodaeth gweler ddatganiad cyhoeddus Swyddfa Gyhoeddiadau’r UE ar ailddefnyddio.
