PART IITHE PENSIONS REGULATOR

Reporting breaches of the law

Duty to report breaches of the law65

1

Paragraph (2) imposes a reporting requirement on the following persons—

a

a trustee or manager of an occupational or personal pension scheme;

F1aa

a member of the pension board of a public service pension scheme;

b

a person who is otherwise involved in the administration of F2an occupational or personal pension scheme;

c

the employer in relation to an occupational pension scheme;

d

a professional adviser in relation to such a scheme;

e

a person who is otherwise involved in advising the trustees or managers of an occupational or personal pension scheme in relation to the scheme.

2

Where the person has reasonable cause to believe that—

a

a duty which is relevant to the administration of the scheme in question, and is imposed by or by virtue of a statutory provision or rule of law, has not been or is not being complied with, and

b

the failure to comply is likely to be of material significance to the Regulator in the exercise of any of its functions,

he must give a written report of the matter to the Regulator as soon as reasonably practicable.

3

Subject to Article 283 (protected items), no duty to which a person is subject is to be regarded as contravened merely because of any information or opinion contained in a written report under this Article.

4

Article 10 of the 1995 Order (civil penalties) applies to any person who, without reasonable excuse, fails to comply with an obligation imposed on him by this Article.