115 Powers as respects failure to comply with information requirements.E+W+S
(1)If the trustees or managers of an occupational pension scheme or a personal pension scheme, having made default in complying with regulations under section 113 [F1, 113B] or 114(1)(b), fail to make good the default within 14 days after the service on them of a notice requiring them to do so, an order may be made under this subsection.
(2)The Secretary of State may by regulations specify forms for notices under subsection (1).
(3)An order under subsection (1) is an order directing the trustees or managers to make good the default within such time as may be specified in the order.
(4)The power to make such an order shall be exercisable by the appropriate court on the application of any person mentioned in subsection (5).
(5)The persons referred to in subsection (4) are—
(a)the Secretary of State;
(b)any person authorised by the Secretary of State to make an application under this section; and
(c)any aggrieved person.
(6)In this section “the appropriate court” means—
(a)in England and Wales, [F2the county court]; and
(b)in Scotland, the sheriff.
(7)An application to the sheriff shall be made by summary application.
(8)An order under this section may provide that all costs (or, in Scotland, expenses) of and incidental to the application shall be borne personally by any of the trustees or managers of the scheme.
Textual Amendments
F1Word in s. 115(1) inserted (5.7.2021 for specified purposes, 1.6.2022 in so far as not already in force) by Financial Guidance and Claims Act 2018 (c. 10), ss. 19(3), 37(5); S.I. 2021/764, reg. 2(e); S.I. 2022/509, reg. 2(b)
F2Words in s. 115(6)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Commencement Information
I1Ss. 1-187 in force at 7.2.1994 by S.I. 1994/86, art. 2