Pensions Act 2004

Pensions Act 2004

2004 CHAPTER 35

Commentary on Sections

Part 2 – the Board of the Pension Protection Fund

Chapter 5 – Gathering Information

Section 193: Penalties relating to sections 191 and 192

705. This section is designed to ensure that there are effective criminal sanctions available for use against those who intentionally fail to comply with their obligations under section 191 (notices) and section 192 (entry of premises). There are two types of offences as set out below, though it is envisaged that these penalties will only be used in exceptional circumstances. They are designed to act as an important deterrent, and to encourage individuals to provide the information which the Board will need to carry out its role.

706. When a person (without reasonable excuse) fails to comply with a request to provide information or produce a document when required by section 191, he will be guilty of an offence which can lead to a fine of up to level 5 on the standard scale. A person will also be liable to such a fine if he intentionally delays or obstructs a person exercising a power under section 192 or does not secure production of a document or answer a question or provide information.

707. For the more serious offence of deliberately altering, destroying or concealing a document that a person may be asked to produce (again without reasonable excuse), a person will be guilty of an offence, which can lead to a fine or imprisonment or both.

708. This section should be read in conjunction with section 195 (offence of providing false or misleading information to the Board).