PART IITHE PENSIONS REGULATOR

Gathering information

Inspection of premises in respect of employers' obligations69

1

An inspector may, for the purposes of investigating whether an employer is complying, or has complied, with the requirements under—

a

Article 5 of the 1999 Order (duty of employers to facilitate access to stakeholder pension schemes), or

b

any corresponding provision in force in Great Britain,

at any reasonable time enter premises liable to inspection.

2

Premises are liable to inspection for the purposes of paragraph (1) if the inspector has reasonable grounds to believe that—

a

employees of the employer are employed there,

b

documents relevant to the administration of the employer’s business are being kept there, or

c

the administration of the employer’s business, or work connected with that administration, is being carried out there.

3

In paragraphs (1) and (2), “employer” has the meaning given in Article 5(9) of the 1999 Order (or, where paragraph (1)(b) applies, in any corresponding provision in force in Great Britain).

4

An inspector may, for the purposes of investigating whether, in the case of any direct payment arrangements relating to a personal pension scheme, any of the following provisions—

a

regulations made by virtue of Articles 237 and 238 (consultation by employers),

b

section 107A of the Pension Schemes Act (monitoring of employers' payments to personal pension schemes), or

c

any corresponding provision in force in Great Britain,

is being, or has been, complied with, at any reasonable time enter premises liable to inspection.

5

Premises are liable to inspection for the purposes of paragraph (4) if the inspector has reasonable grounds to believe that—

a

employees of the employer are employed there,

b

documents relevant to the administration of—

i

the employer’s business,

ii

the direct payment arrangements, or

iii

the scheme to which those arrangements relate,

are being kept there, or

c

either of the following is being carried out there—

i

the administration of the employer’s business, the arrangements or the scheme;

ii

work connected with that administration.

6

In the application of paragraphs (4) and (5) in relation to any provision mentioned in paragraph (4)(c) (a “corresponding Great Britain provision”), references in those paragraphs to—

  • direct payment arrangements,

  • a personal pension scheme,

  • the employer, or

  • employees of the employer,

  • are to be read as having the meanings that they have for the purposes of the corresponding Great Britain provision.