Pensions Act 2004 Explanatory Notes

Pensions Act 2004

2004 CHAPTER 35

Commentary on Sections

Part 1 – the Pensions Regulator

Financial support directions

Section 47: Contribution notices where non-compliance with financial support direction

183. Subsection (1) provides that this section applies where there is non-compliance with a financial support direction under section 43. Subsection (2) provides for the Regulator to issue a notice requiring that a contribution be made to the scheme. The Regulator may issue a contribution notice to any one or more of the persons to whom the original direction under section 43 was issued. However, subsection (3) provides that the Regulator can only do so if it is of the opinion that it is reasonable to impose liability on that person to pay the sum specified in the notice.

184. Subsection (4) sets out that, in considering whether it is reasonable to impose liability, the Regulator should have regard to all relevant matters including (where relevant):

• 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 whether the person has or has had control of the employer).

• in the case of a person to whom the financial support direction was issued 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 (this consideration would be particularly appropriate if non-compliance had arisen as a result of an arrangement lapsing);

• any connection or involvement which the person has or has had with the pension scheme;

• the financial circumstances of the person; and

• such other matters as may be prescribed.

185. Subsection (5) sets out that a contribution notice cannot be issued in respect of a scheme once the Board of the Pension Protection Fund has assumed responsibility for the scheme.