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The Pensions (Northern Ireland) Order 1995, Section 41C is up to date with all changes known to be in force on or before 29 July 2024. 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.
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41C—(1) Regulations may make provision with a view to ensuring compliance with a provision of regulations under Article 41A or 41B.
(2) The regulations may in particular—
(a)provide for the Authority to issue a notice (a “compliance notice”) to a person with a view to ensuring the person's compliance with a provision of regulations under Article 41A or 41B;
(b)provide for the Authority to issue a notice (a “third party compliance notice”) to a person with a view to ensuring another person's compliance with a provision of regulations under Article 41A or 41B;
(c)provide for the Authority to issue a notice (a “penalty notice”) imposing a penalty on a person where the Authority are of the opinion that the person—
(i)has failed to comply with a compliance notice or third party compliance notice, or
(ii)has contravened a provision of regulations under Article 41A or 41B;
(d)provide for the making of a reference to the First-tier Tribunal or Upper Tribunal in respect of the issue of a penalty notice or the amount of a penalty;
(e)confer other functions on the Authority.
(3) The regulations may make provision for determining the amount, or the maximum amount, of a penalty in respect of a failure or contravention.
(4) But the amount of a penalty imposed under the regulations in respect of a failure or contravention must not exceed—
(a)£5,000, in the case of an individual, and
(b)£50,000, in any other case.
(5) In this Article “First-tier Tribunal” and “Upper Tribunal” mean those tribunals established under section 3 of the Tribunals, Courts and Enforcement Act 2007.]
F1Arts. 41A-41C inserted (1.9.2021) by Pension Schemes Act 2021 (c. 1), s. 131(2)(d)(3)(c), Sch. 11 para. 12(2); S.R. 2021/240, art. 2(2)(e)
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