Pensions Act 2004

77 Penalties relating to sections 72 to 75 E+W+S

(1) A person who, without reasonable excuse, neglects or refuses to provide information or produce a document when required to do so under section 72 is guilty of an offence.

[F1 (1A) A person who, without reasonable excuse, neglects or refuses—

(a) to attend before the Regulator as required under section 72A(1), or

(b) to answer a question or provide an explanation on a matter specified in the notice under section 72A(1), when so attending before the Regulator,

is guilty of an offence.]

(2) A person who without reasonable excuse—

(a) intentionally delays or obstructs an inspector exercising any power under section 73, 74 or 75,

(b) neglects or refuses to produce, or secure the production of, any document when required to do so under section 75, or

(c) neglects or refuses to answer a question or to provide information when so required,

is guilty of an offence.

(3) A person guilty of an offence under subsection (1) [F2 , (1A)] or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) An offence under subsection (1) [F3 , (1A)] or (2)(b) or (c) may be charged by reference to any day or longer period of time; and a person may be convicted of a second or subsequent offence by reference to any period of time following the preceding conviction of the offence.

(5) Any person who intentionally and without reasonable excuse alters, suppresses, conceals or destroys any document which he is or is liable to be required to produce under section 72 or 75 is guilty of an offence.

(6) Any person guilty of an offence under subsection (5) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or both.

Textual Amendments

F1 S. 77(1A) inserted (1.10.2021) by Pension Schemes Act 2021 (c. 1), ss. 110(4)(a), 131(1); S.I. 2021/950, reg. 2(5)(b)

F2 Word in s. 77(3) inserted (1.10.2021) by Pension Schemes Act 2021 (c. 1), ss. 110(4)(b), 131(1); S.I. 2021/950, reg. 2(5)(b)

F3 Word in s. 77(4) inserted (1.10.2021) by Pension Schemes Act 2021 (c. 1), ss. 110(4)(c), 131(1); S.I. 2021/950, reg. 2(5)(b)

Commencement Information

I1 S. 77 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7