PART IIITHE BOARD OF THE PENSION PROTECTION FUND

CHAPTER 5GATHERING INFORMATION

Penalties relating to Articles 173 and 174175.

(1)

A person who, without reasonable excuse, neglects or refuses to provide information or produce a document when required to do so under Article 173 is guilty of an offence.

(2)

A person who without reasonable excuse—

(a)

intentionally delays or obstructs an appointed person exercising any power under Article 174,

(b)

neglects or refuses to produce, or secure the production of, any document when required to do so under that Article, or

(c)

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

is guilty of an offence.

(3)

In paragraph (2)(a) “appointed person” has the same meaning as it has in Article 174.

(4)

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

(5)

An offence under paragraph (1) 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.

(6)

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 Article 173 or 174 is guilty of an offence.

(7)

Any person guilty of an offence under paragraph (6) 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.