F1Art. 38B inserted (1.10.2021) by Pension Schemes Act 2021 (c. 1), s. 131(2)(b), Sch. 8 para. 5(4); S.R. 2021/271, art. 2(3)(c) (with art. 3(1)-(3))
38B—(1) This Article applies where a contribution notice is issued to a person under Article 34.N.I.
(2) Article 83A (financial penalties) applies to the person if the person, without reasonable excuse, fails to pay the debt due by virtue of the contribution notice to—
(a)the trustees or managers of the scheme, or
(b)the Board (as the case may be),
before the date specified in the contribution notice for the purposes of this paragraph (see Article 36(2A)).
(3) The Regulator may not issue a warning notice to the person in respect of the imposition of a penalty under Article 83A as it applies by virtue of paragraph (2) if an application under Article 37(7) has been made—
(a)in relation to the contribution notice, or
(b)in relation to a contribution notice which is a corresponding contribution notice for the purposes of Article 36(8),
and the application has not been determined, withdrawn or abandoned.
(4) In this Article “warning notice” means a notice given as mentioned in Article 91(2)(a).]