a chairman appointed by the Secretary of State,

the Chief Executive of the Regulator, and

at least five other persons appointed by the Secretary of State after consulting the chairman.

references to non-executive members of the Regulator are to members who are not executive members.

the functions transferred to it from the Occupational Pensions Regulatory Authority by virtue of this Act or any provisions in force in Northern Ireland corresponding to this Act, and

any other functions conferred by, or by virtue of, this or any other enactment.

the non-executive functions listed in subsection (4) of section 8 must, by virtue of subsection (2) of that section, be discharged by the committee established under that section,

the exercise of other functions of the Regulator may be delegated by the Regulator under paragraph 20 of Schedule 1.

to protect the benefits under occupational pension schemes of, or in respect of, members of such schemes,

to protect the benefits under personal pension schemes of, or in respect of, members of such schemes within subsection (2),

to reduce the risk of situations arising which may lead to compensation being payable from the Pension Protection Fund (see Part 2), and

to promote, and to improve understanding of, the good administration of work-based pension schemes.

the members who are employees in respect of whom direct payment arrangements exist, and

where the scheme is a stakeholder pension scheme, any other members.

the Pension Schemes Act 1993 (c. 48),

the Pensions Act 1995 (c. 26), and

the Welfare Reform and Pensions Act 1999,

in section 33 of that Act (time for discharge of pension credit liability), in subsection (5) for “the Occupational Pensions Regulatory Authority” substitute “ the Pensions Regulator ”.

the duty to keep under review the question whether the Regulator’s internal financial controls secure the proper conduct of its financial affairs;

the duty to determine under paragraph 8(4)(b) of Schedule 1, subject to the approval of the Secretary of State, the terms and conditions as to remuneration of any Chief Executive appointed under paragraph 8(4)(a) of that Schedule.

may include persons who are not members of the committee or of the Regulator, but

must not include persons who are executive members or other staff of the Regulator.

any of the non-executive functions;

the duty to prepare a report under subsection (5).

a chairman, and

at least six other persons,

decide the number of persons to be appointed as the other members of the Panel, and

nominate a person suitable for each of those appointments.

any member of the Regulator;

any member of the staff of the Regulator;

any member of the Board of the Pension Protection Fund;

any member of the staff of that Board.

the power to determine, in the circumstances described in subsection (2), whether to exercise a reserved regulatory function, and

where it so determines to exercise a reserved regulatory function, the power to exercise the function in question.

where the Regulator considers that the exercise of the reserved regulatory function may be appropriate, or

where an application is made under, or by virtue of, any of the provisions listed in subsection (6) for the Regulator to exercise the reserved regulatory function.

adding any function of the Regulator conferred by, or by virtue of, this or any other enactment,

omitting any such function, or

altering the description of any such function contained in that Schedule.

section 20(10) (application to permit payments out of an account that is subject to a restraining order);

section 26(2) (application for order validating action taken in contravention of freezing order);

section 41(7) (application for the issue of a revised contribution notice under section 41(9));

section 50(7) (application for the issue of a revised contribution notice under section 50(9));

section 3(3) of the Pensions Act 1995 (c. 26) (application for revocation of prohibition order);

section 4(5) of that Act (application for revocation of a suspension order);

section 7(5A) of that Act (application for appointment of a trustee under section 7(3)(a) or (c) of that Act);

section 29(5) of that Act (application for waiver of disqualification);

section 58(7) of that Act (power of the Regulator in prescribed circumstances to extend or further extend the period referred to in section 58(6) of that Act in relation to a schedule of contributions);

section 60(7) of that Act (power of the Regulator in prescribed circumstances to extend or further extend the period applicable under section 60(3) of that Act in relation to securing an increase in value);

section 69(1) of that Act (application for order authorising modification or modifying a scheme);

section 71A(2) of that Act (application for modifying a scheme to secure winding up);

section 99(4A) of the Pension Schemes Act 1993 (c. 48) (application for extension under section 99(4) of that Act of a period for compliance);

section 101J(6)(a) of that Act (application for extension under section 101J(2) of that Act of a period for compliance).

adding any provision of this or any other enactment to the list in that subsection, or

omitting or altering the description of any provision mentioned in that list.

any of the functions of the Regulator which are exercisable by the Panel on behalf of the Regulator, or

any of the functions of the Panel under section 93(3), section 99(11) and paragraph 18(2) of Schedule 1 (procedure).

must deal with the activities of the Regulator in the financial year for which it is prepared, including the matters mentioned in subsection (3), and

must include the report prepared under subsection (5) of section 8 by the committee established under that section.

the strategic direction of the Regulator and the manner in which it has been kept under review;

the steps taken to scrutinise the performance of the Chief Executive in securing that the Regulator’s functions are exercised efficiently and effectively;

the Regulator’s objectives and targets (including its main objectives as set out in section 5 or in any corresponding provision in force in Northern Ireland) and the steps taken to monitor the extent to which they are being met.

the period beginning with the date on which the Regulator is established and ending with the next following 31st March, and

each successive period of 12 months.

the administration of work-based pension schemes, or

advising the trustees or managers in relation to such schemes as to their operation.

employers in relation to work-based pension schemes,

persons involved in advising such employers as to the operation of such schemes, or

persons upon whom duties are imposed by or by virtue of section 238 (information and advice to employees).

is contravening one or more provisions of the pensions legislation, or

has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated,

state that the Regulator is of that opinion and specify the provision or provisions of the pensions legislation in question,

contain a statement of the matters which it is asserted constitute the contravention and of the evidence on which that opinion is based, and

in respect of each step specified in the notice, state the period (being a period of not less than 21 days beginning with the date of the notice) within which it must be complied with.

may be framed to any extent by reference to a code of practice issued by the Regulator under section 90, and

may be framed so as to afford the person to whom the notice is issued a choice between different ways of remedying or preventing the recurrence of the contravention.

the Pension Schemes Act 1993 (c. 48),

Part 1 of the Pensions Act 1995 (c. 26), other than sections 62 to 66A of that Act (equal treatment),

Part 1 or section 33 of the Welfare Reform and Pensions Act 1999 (c. 30), or

this Act.

the contravention is or was, wholly or partly, a result of a failure of another person (“the third party”) to do any thing, and

that failure is not itself a contravention of the pensions legislation,

state that the Regulator is of that opinion and specify the provision or provisions of the pensions legislation in question,

in respect of each step specified in the notice, state the period (being a period of not less than 21 days beginning with the date of the notice) within which it must be complied with.

there is a reasonable likelihood that a particular person will do any act which constitutes a misuse or misappropriation of any of the assets of an occupational or personal pension scheme, or

a particular person has done any such act and there is a reasonable likelihood that he will continue or repeat the act in question or do a similar act,

“pension scheme” means an occupational pension scheme or a personal pension scheme,

“deposit-taker” has the meaning given by subsections (8A) and (8B) of section 49 of the Pensions Act 1995, except that, for the purposes of this definition, subsection (8A)(c) of that section has effect with the omission of the words from “or” to the end,

references to money liberated from a pension scheme are to be read in accordance with subsection (2),

“liberated member”, in relation to money liberated from a pension scheme, means the member of the pension scheme who is referred to in subsection (2)(a), and

“restraining order” means a restraining order under section 20.

the trustees or managers of the scheme transferred the amount out of the scheme on the basis that a third party (“the liberator”) would secure that the amount was used in an authorised way,

the amount has not been used in an authorised way, and

the liberator has not secured, and is not likely to secure, that the amount will be used in an authorised way.

section 94(1)(a), (aa) or (b) of the Pension Schemes Act 1993 (c. 48) (right to cash equivalent under Chapter 4 of Part 4 of that Act);

section 101AB(1)(a) of that Act (right to cash transfer sum under Chapter 5 of Part 4 of that Act);

section 101F(1) of that Act (right to cash equivalent of pension credit benefit).

where the amount concerned is transferred out of the scheme in pursuance of a provision mentioned in subsection (3)(a), a way specified in subsection (2) or, as the case may be, subsection (3) of section 95 of the Pension Schemes Act 1993;

where that amount is transferred out in pursuance of the provision mentioned in subsection (3)(b), a way specified in section 101AE(2) of that Act;

where that amount is transferred out in pursuance of the provision mentioned in subsection (3)(c), a way specified in subsection (2) or, as the case may be, subsection (3) of section 101F of that Act;

where that amount is transferred out in pursuance of a provision of the kind mentioned in subsection (2)(a)(ii), a way that is authorised by the applicable rules for amounts transferred out in pursuance of that provision.

the money or any of it, or

property (of any kind and wherever situated) that, directly or indirectly, represents any of the money.

the property ceases to be recoverable property, and

no property that subsequently represents it is recoverable property.

towards a pension scheme,

towards an annuity or insurance policy, or

to the liberated member.

to take steps for the purpose mentioned in that subsection;

to apply the property or money transferred, in such manner as the court may direct, for the purpose of providing benefits under that scheme to or in respect of the liberated member.

it is satisfied that the account contains money which has been liberated from a pension scheme,

the order is made pending consideration being given to the making of one or more repatriation orders in relation to the account under section 21.

specify the name of the deposit-taker in respect of which it is made,

identify the account in respect of which it is made, and

contain such other information as may be prescribed.

takes effect when the deposit-taker concerned is notified by the Regulator of the making of the order, and

(subject to subsection (7)) ceases to have effect through expiry of time at the end of the six months beginning with the day when it is made.

when the deposit-taker concerned is notified by the Regulator of the making of the order, but

only if notification under paragraph (a) occurs at a time when the restraining order concerned has effect.

the restraining order concerned does not cease to have effect through expiry of time until the end of the six months beginning with the time when it would have ceased to have effect through expiry of time had it not been extended, but

for so long as the extension order has effect, no further extension order can take effect before that time in relation to the restraining order.

that the money out of which the payment will be made is not money liberated from a pension scheme.

a restraining order has effect, and

the Regulator is satisfied that the restrained account contains an amount of money liberated from a pension scheme.

where it makes an order under paragraph (a)(i), direct the trustees or managers of the scheme to apply the sum, in such manner as the Regulator may direct, for the purpose of providing benefits under the scheme to or in respect of the liberated member.

the order is made pending consideration being given to the making of an order in relation to the scheme under section 11(1)(c) of the Pensions Act 1995 (c. 26) (power to wind up schemes where necessary to protect the generality of members), and

no benefits are to accrue under the scheme rules to, or in respect of, members of the scheme, and

winding up of the scheme may not begin.

a direction that no new members, or no specified classes of new member, are to be admitted to the scheme;

a direction that no benefits, or no specified benefits, are to be paid to or in respect of any members or any specified members under the scheme rules;

a direction that payments of all benefits or specified benefits under the scheme rules to or in respect of all the members or specified members may only be made from the scheme if they are reduced in a specified manner or by a specified amount;

a direction that no statements of entitlement are to be provided to members of the scheme under section 93A of the Pension Schemes Act 1993 (c. 48) (salary related schemes: right to statement of entitlement);

the references to contributions do not include contributions due to be paid before the order takes effect, and

the references to payments towards a scheme include payments in respect of pension credits where the person entitled to the credit is a member of the scheme.

the date by reference to which the assets and liabilities are to be valued,

the assets and liabilities which are to be taken into account,

the manner in which the valuation must be prepared,

the information and statements which it must contain, and

any other requirements that the valuation must satisfy.

any contributions which are the subject of the direction and which would otherwise be due to be paid towards the scheme during that period are to be treated as if they do not fall due, and

any obligation to pay those contributions (including any obligation under section 49(8) of the Pensions Act 1995 to pay amounts deducted corresponding to such contributions) is to be treated as if it does not arise.

giving effect to a pension sharing order or provision, or

Chapter 4 of Part 4 of the Pension Schemes Act 1993 (c. 48) (protection for early leavers: transfer values), or

Chapter 5 of that Part (protection for early leavers: cash transfer sums and contribution refunds),

the trustees or managers of the scheme;

any person directly affected by the action.

the Regulator determines to make an order under section 11 of the Pensions Act 1995 (c. 26) (power to wind up occupational pension schemes) in relation to a scheme (“a winding up order”),

that determination is made during the period for which a freezing order has effect in relation to the scheme,

the case is not one to which the special procedure in section 98 applies (immediate exercise of powers where immediate risk to assets etc), and

the winding up order accordingly cannot be made until the expiry of the period specified in section 96(5) (no exercise during period of referral to the Tribunal etc).

where the winding up order is made, it ceases to have effect under section 28 from the time when that order is made, or

the determination to make the winding up order is revoked.

an order is made under section 11 of the Pensions Act 1995 (“the 1995 Act”) (power to wind up occupational pension schemes) in relation to a scheme, and

the order is made during the period for which a freezing order has effect in relation to the scheme.

the winding up of the scheme in pursuance of the order under section 11 of the 1995 Act is to be taken as beginning at the time when the freezing order took effect, and

the freezing order ceases to have effect from the time when the order under section 11 of the 1995 Act is made.

to take such specified steps as it considers are necessary as a result of the winding up of the scheme being deemed under subsection (2)(a) to have begun at the time when the freezing order took effect, and

to take those steps within a specified period.

the Regulator revokes a freezing order in relation to a scheme or it otherwise ceases to have effect, and

at the time when the freezing order ceases to have effect, the Regulator has not made an order under section 11 of the Pensions Act 1995 (c. 26) (“the 1995 Act”) in relation to the scheme.

a requirement that specified benefits do not accrue to, or in respect of, a member or a specified member unless a contribution of a specified amount is paid by or on behalf of the member towards the scheme within a specified period;

a requirement that a contribution of a specified amount must be paid by or on behalf of the employer within a specified period;

a requirement that such contributions as are specified under paragraph (a) or (b) are to be accepted for the period for which the freezing order had effect or any part of that period.

the direction does not affect any entitlement to that benefit, and

any benefit to which a member, or a person in respect of a member, remains entitled at the end of the period for which the freezing order had effect is an amount which falls due to the member or, as the case may be, the person at the end of that period.

an order is made under this section in relation to a scheme,

the order contains a requirement as described in subsection (3)(b) that a contribution of a specified amount must be paid by or on behalf of the employer within a specified period, and

the contribution is not paid within that period.

section 10 of the 1995 Act applies to the employer if he has failed, without reasonable excuse, to secure compliance,

the amount which for the time being remains unpaid after the end of the specified period is to be treated as a debt due from the employer to the trustees or managers of the scheme, and

except in prescribed circumstances, the trustees or managers must, within a prescribed period, give notice of the failure to pay to the Regulator and to the member.

a freezing order is made in relation to a scheme,

an order is made under section 26 validating action taken in contravention of a freezing order made in relation to a scheme,

an order is made under section 28 directing specified steps to be taken following the winding up of a scheme, or

an order is made under section 30 in relation to a scheme where a freezing order ceases to have effect.

the trustees or managers of the scheme, and

the employer in relation to the scheme,

all the members of the scheme, or

the members of the scheme specified in the order,

in spite of any enactment or rule of law, or any rule of the scheme, which would otherwise operate to prevent the order being made, and

without regard to any such enactment, rule of law or rule of the scheme as would otherwise require, or might otherwise be taken to require, the implementation of any procedure or the obtaining of any consent, with a view to the making of the order.

omit subsection (4), and

in subsection (2), after “a scheme” insert “ by virtue of subsection (1) ”,

a money purchase scheme, or

a prescribed scheme or a scheme of a prescribed description.

to the trustees or managers of the scheme, or

where the Board of the Pension Protection Fund has assumed responsibility for the scheme in accordance with Chapter 3 of Part 2 (pension protection), to the Board.

the Regulator is of the opinion that the person was a party to an act or a deliberate failure to act which falls within subsection (5),

the Regulator is of the opinion that the person, in being a party to the act or failure, was not acting in accordance with his functions as an insolvency practitioner in relation to another person, and

the Regulator is of the opinion that it is reasonable to impose liability on the person to pay the sum specified in the notice.

the parties to an act or a deliberate failure include those persons who knowingly assist in the act or failure, and

the degree of involvement of the person in the act or failure to act which falls within subsection (5),

the relationship which the person has or has had with the employer (including, where the employer is a company within the meaning of subsection (11) of section 435 of the Insolvency Act 1986 (c. 45), whether the person has or has had control of the employer within the meaning of subsection (10) of that section),

any connection or involvement which the person has or has had with the scheme,

if the act or failure to act was a notifiable event for the purposes of section 69 (duty to notify the Regulator of certain events), any failure by the person to comply with any obligation imposed on the person by subsection (1) of that section to give the Regulator notice of the event,

all the purposes of the act or failure to act (including whether a purpose of the act or failure was to prevent or limit loss of employment),

the financial circumstances of the person, and

such other matters as may be prescribed.

section 249 of the Insolvency Act 1986 (connected persons) applies as it applies for the purposes of any provision of the first Group of Parts of that Act,

section 435 of that Act (associated persons) applies as it applies for the purposes of that Act, and

section 74 of the Bankruptcy (Scotland) Act 1985 (c. 66) (associated persons) applies as it applies for the purposes of that Act.

a person acting as an insolvency practitioner, in relation to that person, in accordance with section 388 of the Insolvency Act 1986, or

an insolvency practitioner within the meaning of section 121(9)(b) (persons of a prescribed description).

in a case where, at the relevant time, a debt was due from the employer to the trustees or managers of the scheme under section 75 of the Pensions Act 1995 (c. 26) (“the 1995 Act”) (deficiencies in the scheme assets), the amount which the Regulator estimates to be the amount of that debt at that time, and

in a case falling within paragraph (a) of subsection (2), in the amount of the debt which became due under section 75 of the 1995 Act being less than it would otherwise have been, or

in a case falling within paragraph (b) of subsection (2), in the amount of any such debt calculated for the purposes of that paragraph being less than it would otherwise have been,

in the case of an act falling within subsection (5) of section 38, the time of the act, or

references to a debt due under section 75 of the 1995 Act include a contingent debt under that section, and

references to the amount of such a debt include the amount of such a contingent debt.

contain a statement of the matters which it is asserted constitute the act or failure to act which falls within subsection (5) of section 38,

specify the sum which the person is stated to be under a liability to pay, and

identify any other persons to whom contribution notices have been or are issued as a result of the act or failure to act in question and the sums specified in each of those notices.

is issued as a result of the same act or failure to act falling within subsection (5) of section 38 as the act or failure as a result of which P’s contribution notice is issued,

specifies the same sum as is specified in P’s contribution notice, and

specifies that the person to whom the contribution notice is issued is jointly and severally liable with P, or with P and other persons, for the debt in respect of that sum.

to the trustees or managers of the scheme, or

where the Board of the Pension Protection Fund has assumed responsibility for the scheme in accordance with Chapter 3 of Part 2 (pension protection), to the Board.

to the trustees or managers of the scheme in respect of any debt due to them by virtue of the contribution notice, or

to the Board in respect of any debt due to it by virtue of the contribution notice,

reduce the amount of the sum specified in P’s contribution notice by an amount which it considers reasonable, and

issue a revised contribution notice specifying the revised sum.

the amount paid in respect of the debt due under section 75 of the 1995 Act since the contribution notice was issued,

any amounts paid in respect of the debt due by virtue of that contribution notice,

whether contribution notices have been issued to other persons as a result of the same act or failure to act falling within subsection (5) of section 38 as the act or failure as a result of which P’s contribution notice was issued,

where such contribution notices have been issued, the sums specified in each of those notices and any amounts paid in respect of the debt due by virtue of those notices,

whether P’s contribution notice specifies that P is jointly and severally liable for the debt with other persons, and

such other matters as may be prescribed.

P’s contribution notice specifies that P is jointly and severally liable for the debt with other persons, and

a revised contribution notice is issued to P under subsection (9) specifying a revised sum,

references to a debt due under section 75 of the 1995 Act include a contingent debt under that section, and

references to the amount of such a debt include the amount of such a contingent debt.

the applicant would not be, for the purposes of subsection (3)(a) of section 38, a party to an act or a deliberate failure to act falling within subsection (5)(a) of that section,

it would not be reasonable to impose any liability on the applicant under a contribution notice issued under section 38, or

such requirements of that section as may be prescribed would not be satisfied in relation to the applicant.

may request further information from the applicant;

may invite the applicant to amend the application to modify the circumstances described.

determine whether to issue the clearance statement, and

where it determines to do so, issue the statement.

the circumstances in relation to which the exercise of the power under that section arises are not the same as the circumstances described in the application, and

the difference in those circumstances is material to the exercise of the power.

a money purchase scheme, or

a prescribed scheme or a scheme of a prescribed description.

is a service company, or

is insufficiently resourced,

that financial support for the scheme is put in place within the period specified in the direction,

that thereafter that financial support or other financial support remains in place while the scheme is in existence, and

that the Regulator is notified in writing of prescribed events in respect of the financial support as soon as reasonably practicable after the event occurs.

the person is at the relevant time a person falling within subsection (6), and

the Regulator is of the opinion that it is reasonable to impose the requirements of the direction on that person.

the employer in relation to the scheme,

a person, other than an individual, who is connected with or an associate of the employer.

the relationship which the person has or has had with the employer (including, where the employer is a company within the meaning of subsection (11) of section 435 of the Insolvency Act 1986 (c. 45), whether the person has or has had control of the employer within the meaning of subsection (10) of that section),

in the case of a person falling within subsection (6)(b) or (c), the value of any benefits received directly or indirectly by that person from the employer,

any connection or involvement which the person has or has had with the scheme,

the financial circumstances of the person, and

such other matters as may be prescribed.

E is a company within the meaning given by section 735(1) of the Companies Act 1985 (c. 6),

E is a member of a group of companies, and

E’s turnover, as shown in the latest available accounts for E prepared in accordance with section 226 of that Act, is solely or principally derived from amounts charged for the provision of the services of employees of E to other members of that group.

at that time the value of the resources of the employer is less than the amount which is a prescribed percentage of the estimated section 75 debt in relation to the scheme, and

what constitutes the resources of a person is to be determined in accordance with regulations, and

the value of a person’s resources is to be determined, calculated and verified in a prescribed manner.

subsection (2) of that section applied, and

the time designated by the trustees or managers of the scheme for the purposes of that subsection were the relevant time.

an arrangement whereby, at any time when the employer is a member of a group of companies, all the members of the group are jointly and severally liable for the whole or part of the employer’s pension liabilities in relation to the scheme;

an arrangement whereby, at any time when the employer is a member of a group of companies, a company (within the meaning given in section 736 of the Companies Act 1985 (c. 6)) which meets prescribed requirements and is the holding company of the group is liable for the whole or part of the employer’s pension liabilities in relation to the scheme;

an arrangement which meets prescribed requirements and whereby additional financial resources are provided to the scheme;

such other arrangements as may be prescribed.

the liabilities for any amounts payable by or on behalf of the employer towards the scheme (whether on his own account or otherwise) in accordance with a schedule of contributions under section 227, and

the liabilities for any debt which is or may become due to the trustees or managers of the scheme from the employer whether by virtue of section 75 of the Pensions Act 1995 (deficiencies in the scheme assets) or otherwise.

the employer in relation to the scheme would not be a service company for the purposes of section 43,

the employer in relation to the scheme would not be insufficiently resourced for the purposes of that section, or

it would not be reasonable to impose the requirements of a financial support direction, in relation to the scheme, on the applicant.

may request further information from the applicant;

may invite the applicant to amend the application to modify the circumstances described.

determine whether to issue the clearance statement, and

where it determines to do so, issue the statement.

the circumstances in relation to which the exercise of the power under that section arises are not the same as the circumstances described in the application, and

the difference in those circumstances is material to the exercise of the power.

whether the person has taken reasonable steps to secure compliance with the financial support direction,

the relationship which the person has or has had with the employer (including, where the employer is a company within the meaning of subsection (11) of section 435 of the Insolvency Act 1986 (c. 45), whether the person has or has had control of the employer within the meaning of subsection (10) of that section),

in the case of a person to whom the financial support direction was issued as a person falling within section 43(6)(b) or (c), the value of any benefits received directly or indirectly by that person from the employer,

the relationship which the person has or has had with the parties to any arrangements put in place in accordance with the direction (including, where any of those parties is a company within the meaning of subsection (11) of section 435 of the Insolvency Act 1986, whether the person has or has had control of that company within the meaning of subsection (10) of that section),

any connection or involvement which the person has or has had with the scheme,

the financial circumstances of the person, and

such other matters as may be prescribed.

in a case where, at the time of non-compliance, a debt was due from the employer to the trustees or managers of the scheme under section 75 of the Pensions Act 1995 (c. 26) (“the 1995 Act”) (deficiencies in the scheme assets), the amount which the Regulator estimates to be the amount of that debt at that time, and

in the case of non-compliance with paragraph (a) of subsection (3) of section 43 (financial support directions), the time immediately after the expiry of the period specified in the financial support direction for putting in place the financial support,

in the case of non-compliance with paragraph (b) of that subsection, the time when financial support for the scheme ceased to be in place,

in the case of non-compliance with paragraph (c) of that subsection, the time when the prescribed event occurred in relation to which there was the failure to notify the Regulator, or

where more than one of paragraphs (a) to (c) above apply, whichever of the times specified in the applicable paragraphs the Regulator determines.

contain a statement of the matters which it is asserted constitute the non-compliance with the financial support direction in respect of which the notice is issued, and

specify the sum which the person is stated to be under a liability to pay.

is issued in respect of the same non-compliance with the financial support direction as the non-compliance in respect of which P’s contribution notice is issued,

specifies the same sum as is specified in P’s contribution notice, and

specifies that the person to whom the contribution notice is issued is jointly and severally liable with P, or with P and other persons, for the debt in respect of that sum.

to the trustees or managers of the scheme in respect of any debt due to them by virtue of the contribution notice, or

to the Board of the Pension Protection Fund in respect of any debt due to it by virtue of the contribution notice (where it has assumed responsibility for the scheme in accordance with Chapter 3 of Part 2 (pension protection)),

reduce the amount of the sum specified in P’s contribution notice by an amount which it considers reasonable, and

issue a revised contribution notice specifying the revised sum.

the amount paid in respect of the debt due under section 75 of the 1995 Act since the contribution notice was issued,

any amounts paid in respect of the debt due by virtue of that contribution notice,

whether contribution notices have been issued to other persons in respect of the same non-compliance with the financial support direction in question as the non-compliance in respect of which P’s contribution notice was issued,

where such contribution notices have been issued, the sums specified in each of those notices and any amounts paid in respect of the debt due by virtue of those notices,

whether P’s contribution notice specifies that P is jointly and severally liable for the debt with other persons, and

such other matters as may be prescribed.

P’s contribution notice specifies that P is jointly and severally liable for the debt with other persons, and

a revised contribution notice is issued to P under subsection (9) specifying a revised sum,

references to a debt due under section 75 of the Pensions Act 1995 (c. 26) include a contingent debt under that section, and

references to the amount of such a debt include the amount of such a contingent debt.

section 249 of the Insolvency Act 1986 (c. 45) (connected persons) applies as it applies for the purposes of any provision of the first Group of Parts of that Act,

section 435 of that Act (associated persons) applies as it applies for the purposes of that Act, and

section 74 of the Bankruptcy (Scotland) Act 1985 (c. 66) (associated persons) applies as it applies for the purposes of that Act.

a money purchase scheme, or

a prescribed scheme or a scheme of a prescribed description.

a relevant event has occurred in relation to the employer in relation to the scheme, and

an insolvency event occurs in relation to the employer, or

the trustees or managers of the scheme make an application under subsection (1) of section 129 or receive a notice from the Board of the Pension Protection Fund under subsection (5)(a) of that section (applications and notifications prior to the Board assuming responsibility for a scheme).

the “appointed day” means the day appointed under section 126(2) (no pension protection under Chapter 3 of Part 2 if the scheme begins winding up before the day appointed by the Secretary of State),

section 121 (meaning of “insolvency event”) applies for the purposes of determining if and when an insolvency event has occurred in relation to the employer, and

the reference to an insolvency event in relation to the employer does not include an insolvency event which occurred in relation to him before he became the employer in relation to the scheme.

make a gift to P or otherwise enter into a transaction with P on terms that provide for no consideration to be provided towards the scheme, or

enter into a transaction with P for a consideration the value of which, in money or money’s worth, is significantly less than the value, in money or money’s worth, of the consideration provided by or on behalf of the trustees or managers of the scheme.

a person of a prescribed description, and

entitled to exercise powers in relation to the scheme.

he is one of the trustees or managers or appropriate persons who entered into the transaction as mentioned in subsection (6) of section 52, or

section 249 of the Insolvency Act 1986 (c. 45) (connected persons) applies as it applies for the purposes of any provision of the first Group of Parts of that Act,

section 435 of that Act (associated persons) applies as it applies for the purposes of that Act, and

section 74 of the Bankruptcy (Scotland) Act 1985 (c. 66) (associated persons) applies as it applies for the purposes of that Act.

money, goods, things in action, land and every description of property wherever situated, and

obligations and every description of interest, whether present or future or vested or contingent, arising out of, or incidental to, property.

a restoration order is made under section 52 in respect of a transaction involving assets of a scheme (“the transaction”), and

a person fails to comply with an obligation imposed on him by the order which is not an obligation to transfer or pay a sum of money.

to the trustees or managers of the scheme, or

where the Board of the Pension Protection Fund has assumed responsibility for the scheme in accordance with Chapter 3 of Part 2 (pension protection), to the Board.

contain a statement of the matters which it is asserted constitute the failure to comply with the restoration order under section 52 in respect of which the notice is issued, and

specify the sum which the person is stated to be under a liability to pay.

a partnership or a partner in a partnership;

a limited liability partnership or a member of such a partnership.

section 249 of the Insolvency Act 1986 (c. 45) (connected persons),

section 435 of that Act (associated persons),

section 74 of the Bankruptcy (Scotland) Act 1985 (c. 66) (associated persons), and

section 736 of the Companies Act 1985 (c. 6) (meaning of “subsidiary” and “holding company” etc).

“partnership” includes a firm or entity of a similar character formed under the law of a country or territory outside the United Kingdom, and

references to a partner are to be construed accordingly.

a limited liability partnership formed under the Limited Liability Partnerships Act 2000 (c. 12) or the Limited Liability Partnerships Act (Northern Ireland) 2002 (c. 12 (N.I.)), or

an entity which is of a similar character to such a limited liability partnership and which is formed under the law of a country or territory outside the United Kingdom,

section 307 (power to modify this Act in relation to certain categories of scheme), and

section 318(4) (power to extend the meaning of “employer”).

the debtor is the employer in relation to an occupational pension scheme, and

condition A or condition B is met in relation to the scheme.

has been adjudged bankrupt,

is a body corporate which is being wound up or is in administration, or

is a partnership which is being wound up or is in administration,

a trustee or member of the scheme, or

the Board.

the registrable information most recently provided to it in respect of the scheme, and

has been, or is treated as having been, wound up, or

has ceased to be a registrable scheme,

the name of the scheme;

the address of the scheme;

the full names and addresses of each of the trustees or managers of the scheme;

the categories of benefits under the scheme;

such other information as may be prescribed.

make provision with respect to the disclosure of information obtained by virtue of the regulations.

information recorded in the register, and

the operation of the Regulator’s functions in relation to the register.

the form in which, and

the times at which,

a registrable scheme is established, or

an occupational or personal pension scheme otherwise becomes a registrable scheme.

notify the Regulator that the scheme is a registrable scheme, and

provide to the Regulator all the registrable information with respect to the scheme.

the date on which the scheme is established, or

if later, the date on which it becomes a registrable scheme.

of that fact, and

of the new registrable information.

ceases to be a registrable scheme, or

is wound up (otherwise than under section 161(2) (effect of Board assuming responsibility for scheme)),

must issue the first scheme return notice in accordance with subsection (3), and

must issue subsequent scheme return notices in accordance with subsection (4).

if the trustees or managers have complied with paragraph (b) of section 62(2), must fall after the end of the period of one year beginning with the date on which they provided the information required by that paragraph to the Regulator.

within the period of three years, but

after the end of the period of one year,

the descriptions of information required by it, and

the return date,

must require all registrable information in relation to the scheme, and

may require other information which the Regulator reasonably requires for the purposes of the exercise of its functions in relation to the scheme.

the principal office used by it for the carrying out of its functions, and

such other of its offices (if any) as it considers to be places where it would be reasonable for a copy of the register to be kept open for inspection.

to state whether a particular person identified in the request is a person appearing in the prohibition register as prohibited in respect of an occupational trust scheme specified in the request,

to state whether a particular person so identified is a person appearing in that register as prohibited in respect of a particular description of occupational trust schemes so specified, or

to state whether a particular person so identified is a person appearing in that register as prohibited in respect of all occupational trust schemes,

contains all the information described in subsection (4),

arranges that information in the manner described in subsection (5),

does not (except by identifying a person as prohibited in respect of all occupational trust schemes, in respect of a particular description of such schemes or in respect of a particular such scheme) identify any of the schemes in respect of which persons named in the summary are prohibited, and

does not disclose any other information contained in the register.

the full names and titles, so far as the Regulator has a record of them, of all the persons appearing in the register as persons who are prohibited,

the dates of birth of such of those persons as are persons whose dates of birth are matters of which the Regulator has a record, and

is the subject of any pending reference, review, appeal or legal proceedings which could result in that person’s removal from the register, or

is a determination which might still become the subject of any such reference, review, appeal or proceedings.

is the subject of any pending reference, review, appeal or legal proceedings which could result in such a revocation or other overturning of a prohibition of that person as would require his particulars to appear in a different list, or

is a determination which might still become the subject of any such reference, review, appeal or proceedings.

the time for the making of an application for a review or reference, or for the bringing of an appeal or other proceedings, has not expired, and

there is a reasonable likelihood that such an application might yet be made, or that such an appeal or such proceedings might yet be brought.

a prescribed event in respect of an eligible scheme, or

a prescribed event in respect of the employer in relation to an eligible scheme.

must be in writing, and

subject to subsection (5), must be given as soon as reasonably practicable after the person giving it becomes aware of the notifiable event.

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

a person who is otherwise involved in the administration of such a scheme;

the employer in relation to an occupational pension scheme;

a professional adviser in relation to such a scheme;

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

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

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

the trustees or managers of a work-based pension scheme,

any employer in relation to such a scheme, or

any person who is otherwise involved in the administration of such a scheme,

nominated or approved by the Regulator, and

appearing to the Regulator to have the skills necessary to make a report on the matter or matters concerned.

in a specified form;

before a specified date.

of a description specified in the notice, and

relevant to the exercise of the Regulator’s functions.

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

a professional adviser in relation to an occupational pension scheme,

any other person appearing to the Regulator to be a person who holds, or is likely to hold, information relevant to the exercise of the Regulator’s functions.

any of the following provisions of this Act—

• this Part;

• Part 3 (scheme funding);

• sections 241 to 243 (member-nominated trustees and directors);

• sections 247 to 249 (requirement for knowledge and understanding);

• section 252 (UK-based scheme to be trust with effective rules);

• section 253 (non-European scheme to be trust with UK-resident trustee);

• section 255 (activities of occupational pension schemes);

• section 256 (no indemnification for fines or civil penalties);

• sections 259 and 261 (consultation by employers);

• Part 7 (cross-border activities within European Union);

• Part 9 (miscellaneous and supplementary);

either of the following provisions of the Welfare Reform and Pensions Act 1999 (c. 30)—

• section 33 (time for discharge of pension credit liability);

• section 45 (information);

any of the following provisions of the Pension Schemes Act 1993 (c. 48)—

• Chapter 4 of Part 4 (transfer values);

• Chapter 5 of Part 4 (early leavers: cash transfer sums and contribution refunds);

• Chapter 2 of Part 4A (pension credit transfer values);

• section 113 (information);

• section 175 (levy);

any provisions in force in Northern Ireland corresponding to any provisions within paragraphs (a) to (d).

sections 1 and 2(4) of the Welfare Reform and Pensions Act 1999 (stakeholder pension schemes: registration etc), or

any corresponding provisions in force in Northern Ireland,

members of the scheme are employed there,

documents relevant to the administration of the scheme are being kept there, or

the administration of the scheme, or work connected with that administration, is being carried out there.

section 2 of the Welfare Reform and Pensions Act 1999 (register of stakeholder schemes), or

any corresponding provision in force in Northern Ireland.

section 3 of the Welfare Reform and Pensions Act 1999 (duty of employers to facilitate access to stakeholder pension schemes), or

any corresponding provision in force in Northern Ireland,

employees of the employer are employed there,

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

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

regulations made by virtue of sections 260 and 261 (consultation by employers),

section 111A of the Pension Schemes Act 1993 (c. 48) (monitoring of employers' payments to personal pension schemes), or

any corresponding provisions in force in Northern Ireland,

employees of the employer are employed there,

may make such examination and inquiry as may be necessary for the purpose for which he entered the premises,

may require any person on the premises to produce, or secure the production of, any document relevant to compliance with the regulatory provisions for his inspection,

may take copies of any such document,

may take possession of any document appearing to be a document relevant to compliance with the regulatory provisions or take in relation to any such document any other steps which appear necessary for preserving it or preventing interference with it,

may, as to any matter relevant to compliance with the regulatory provisions, examine, or require to be examined, either alone or in the presence of another person, any person on the premises whom he has reasonable cause to believe to be able to give information relevant to that matter.

anything is being or has been done or omitted which might by virtue of any of the regulatory provisions give rise to a liability for a civil penalty under or by virtue of section 10 of the Pensions Act 1995 (c. 26) or section 168(4) of the Pension Schemes Act 1993 (c. 48) (or under or by virtue of any provision in force in Northern Ireland corresponding to either of them), or

an offence is being or has been committed under any of the regulatory provisions,

if the document is relevant to proceedings against any person for any offence which are commenced before the end of the retention period, until the conclusion of those proceedings, and

otherwise, until the end of the retention period.

the period of 12 months beginning with the date on which possession was taken of the document, and

any extension of that period under subsection (8).

intentionally delays or obstructs an inspector exercising any power under section 73, 74 or 75,

neglects or refuses to produce, or secure the production of, any document when required to do so under section 75, or

neglects or refuses to answer a question or to provide information when so required,

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or both.

to enter the premises specified in the information, using such force as is reasonably necessary for the purpose,

to take copies of any such document,

to require any person named in the warrant to provide an explanation of any such document or to state where it may be found or how access to it may be obtained, and

subsection (3) of section 238 (information and advice to employees) or regulations under subsection (4) of that section, or

any provision in force in Northern Ireland which corresponds to that subsection (3) or is made under provision corresponding to that subsection (4),

section 10 of the Pensions Act 1995 (c. 26), or

any corresponding provision in force in Northern Ireland,

if the document is relevant to proceedings against any person for any offence which are commenced before the end of the retention period, until the conclusion of those proceedings, and

otherwise, until the end of the retention period.

the period of 12 months beginning with the date on which possession was taken of the document, and

any extension of that period under subsection (10).

the reference to a justice of the peace is to be read as a reference to the sheriff, and

the references in subsections (1) and (2)(a) to information are to be read as references to evidence.

in a legible form, or

in a form from which it can readily be produced in a legible form.

is provided in applying for registration of a pension scheme under section 2 of the Welfare Reform and Pensions Act 1999 (c. 30) (registration of stakeholder pension schemes), or

is provided otherwise than as mentioned in paragraph (a) or (b) but in circumstances in which the person providing the information intends, or could reasonably be expected to know, that it would be used by the Regulator for the purpose of exercising its functions under this Act or the Pensions Act 1995 (c. 26).

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or both.

by the Regulator, or

by any person who receives the information directly or indirectly from the Regulator.

subsection (3), and

sections 71(9), 83 to 88 and 235.

which at the time of the disclosure is or has already been made available to the public from other sources, or

which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or both.

as provided in section 82(3),

for the purpose of enabling or assisting the Regulator to discharge its functions, or

by order restrict the circumstances in which, or impose conditions subject to which, disclosure may be made to any person for the time being specified in the Schedule.

the Secretary of State,

the Commissioners of Inland Revenue or their officers, or

the Department for Social Development in Northern Ireland,

with a view to the institution of, or otherwise for the purposes of, any disciplinary proceedings relating to the exercise of his professional duties by a solicitor, an actuary, an accountant or an insolvency practitioner,

with a view to the institution of, or otherwise for the purposes of, any disciplinary proceedings relating to the exercise by a public servant of his functions,

for the purpose of enabling or assisting an authority in a country outside the United Kingdom to exercise functions corresponding to those of the Regulator under this Act, the Welfare Reform and Pensions Act 1999 (c. 30), the Pensions Act 1995 (c. 26) or the Pension Schemes Act 1993 (c. 48), or

in pursuance of a Community obligation.

the Director of Public Prosecutions,

the Director of Public Prosecutions for Northern Ireland,

the Lord Advocate,

a procurator fiscal, or

a constable.

with the consent of the Regulator, and

for the purpose of enabling or assisting the person to exercise any functions specified in relation to him in the second column of the Schedule.

to, or in accordance with authority given by, the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, or

with a view to the institution of, or otherwise for the purposes of, any criminal proceedings.

containing practical guidance in relation to the exercise of functions under the pensions legislation, and

regarding the standards of conduct and practice expected from those who exercise such functions.

what constitutes a “reasonable” period for the purposes of any provision of the pensions legislation (other than any enactment contained in or made by virtue of Part 2) which requires any action to be taken within such a period;

the discharge of the duty imposed by section 69 (duty to notify Regulator of certain events);

the discharge of the duty imposed by section 70 (duty to report breaches of the law);

the discharge of duties imposed on trustees or managers of occupational pension schemes by, or by virtue of, Part 3 (scheme funding);

the discharge of the duties imposed by sections 241 and 242 (member-nominated trustees and directors);

the obligations imposed by sections 247 and 248 (requirements for knowledge and understanding: individual and corporate trustees);

the discharge of the duty imposed by section 49(9)(b) of the Pensions Act 1995 (c. 26) (duty of trustees or managers of occupational pension schemes to report material failures by employers to pay contributions deducted from employee’s earnings timeously);

the discharge of the duties imposed by sections 67 to 67I of that Act (the subsisting rights provisions);

the discharge of the duty imposed by section 88(1) of that Act (duties of trustees and managers of money purchase schemes to report failures to pay employer contributions etc timeously);

the discharge of the duty imposed by section 111A(7A) of the Pension Schemes Act 1993 (c. 48) (duty of trustees or managers of personal pension schemes to report material failures to pay employer contributions timeously);

such other matters as are prescribed for the purposes of this section.

such persons as it considers appropriate, and

any other persons the Secretary of State requires it to consult.

to a code made for the purpose only of consolidating other codes issued under section 90, or

to a code if the Secretary of State considers consultation inexpedient by reason of urgency.

if he approves of it, must lay it before Parliament, and

if he does not approve of it, must publish details of his reasons for withholding approval.

if within the period mentioned in subsection (7) either House so resolves, no further proceedings may be taken on the draft code;

if no such resolution is passed, the Regulator must issue the code in the form of the draft.

beginning with the day on which the draft is laid before Parliament (or, if it is laid before the two Houses on different days, with the later of the two days), and

ignoring any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

the power to issue an improvement notice under section 13,

the power to issue a third party notice under section 14,

the reserved regulatory functions (see Schedule 2),

the power to issue a clearance statement under section 42,

the power to issue a notice under section 45(1) approving the details of arrangements,

the power to issue a clearance statement under section 46,

the power to vary or revoke under section 101 (to the extent that it does not fall within paragraph (c)),

the power to make an order under section 154(8),

the power to make an order under section 219(4),

the power to grant or revoke authorisation under section 288,

the power to grant or revoke approval under section 289,

the power to issue a notice under section 293(5),

the power by direction under section 2(3)(a) of the Welfare Reform and Pensions Act 1999 (c. 30) to refuse to register a scheme under section 2 of that Act,

the power to make an order under section 7 of the Pensions Act 1995 (c. 26) appointing a trustee (to the extent that it does not fall within paragraph (c)),

the power to make an order under section 23 of that Act appointing an independent trustee,

the power to give directions under section 72B of that Act (directions facilitating winding up), and

such other functions of the Regulator as may be prescribed.

the power to determine whether to exercise a regulatory function, and

where the Panel so determines to exercise a regulatory function, the power to exercise the function in question.

may include such other procedural requirements as the Regulator or, as the case may be, the Panel considers appropriate.

sections 99 to 104 (the remaining provisions concerning the procedure in relation to the regulatory functions), and

any regulations made by the Secretary of State under paragraph 19 of Schedule 1.