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.