- Latest available (Revised)
- Original (As enacted)
Pensions Act 2004, Section 74 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
[F1(A1)An inspector may, for the purposes of investigating whether an employer is contravening, or has contravened—
(a)any provision of, or of regulations under, Chapter 1 of Part 1, or section 50 or 54, of the Pensions Act 2008, or
(b)any corresponding provision in force in Northern Ireland,
at any reasonable time enter premises liable to inspection.
(B1)Premises are liable to inspection for the purposes of subsection (A1) if the inspector has reasonable grounds to believe that—
(a)the employer employs workers there,
(b)documents relevant to any of the following are being kept there—
(i)the administration of the employer's business,
(ii)the duties of the employer under Chapter 1 of Part 1 of the Pensions Act 2008 or under any corresponding provision in force in Northern Ireland,
(iii)the administration of a pension scheme that is relevant to the discharge of those duties, or
(c)the administration of the employer's business, or work connected with that administration, is being carried out there.
(C1)In subsections (A1) and (B1) “employer” and “worker” have the meaning given by section 88 of the Pensions Act 2008.
(D1)In the application of subsections (A1) and (B1) in relation to any provision mentioned in subsection (A1)(b) (a “corresponding Northern Ireland provision”), references in those subsections to “employer” or “worker” are to be read as having the meaning that they have for the purposes of the corresponding Northern Ireland provision.]
(1)An inspector may, for the purposes of investigating whether an employer is complying, or has complied, with the requirements under—
(a)section 3 of the Welfare Reform and Pensions Act 1999 (duty of employers to facilitate access to stakeholder pension schemes), or
(b)any corresponding provision in force in Northern Ireland,
at any reasonable time enter premises liable to inspection.
(2)Premises are liable to inspection for the purposes of subsection (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 subsections (1) and (2), “employer” has the meaning given by section 3(9) of the Welfare Reform and Pensions Act 1999 (or, where subsection (1)(b) applies, by any corresponding provision in force in Northern Ireland).
(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 sections 260 and 261 (consultation by employers),
(b)section 111A of the Pension Schemes Act 1993 (c. 48) (monitoring of employers' payments to personal pension schemes), or
(c)any corresponding provisions in force in Northern Ireland,
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 subsection (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 subsections (4) and (5) in relation to any provision mentioned in subsection (4)(c) (a “corresponding Northern Ireland provision”), references in those subsections 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 Northern Ireland provision.
Textual Amendments
F1S. 74(A1)-(D1) inserted (30.6.2012) by Pensions Act 2008 (c. 30), ss. 61(3), 149(1); S.I. 2012/1682, art. 2, Sch. 2
Commencement Information
I1S. 74 in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: