PART IITHE PENSIONS REGULATOR
Contribution notices where avoidance of employer debt
Article 34 contribution notice: clearance statements38 F1
1
An application may be made to the Regulator under this Article for the issue of a clearance statement within sub-paragraph (a), (b) or (c) of paragraph (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 paragraph (3)(a) of Article 34, a party to an act or a deliberate failure to act falling within paragraph (5)(a) of that Article,
b
it would not be reasonable to impose any liability on the applicant under a contribution notice issued under Article 34, or
c
such requirements of that Article as may be prescribed would not be satisfied in relation to the applicant.
3
Where an application is made under this Article, 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 Article, 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 Article binds the Regulator in relation to the exercise of the power to issue a contribution notice under Article 34 to the applicant unless—
a
the circumstances in relation to which the exercise of the power under that Article 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.