Pensions Act 2004

Pensions Act 2004

2004 CHAPTER 35

Commentary on Sections

Part 1 – the Pensions Regulator

Disclosure of information

Section 87: Other permitted disclosures

274. This section sets out other circumstances where the Regulator can disclose restricted information. These include disclosure:

• to the Secretary of State, the Inland Revenue or the Department for Social Development in Northern Ireland if the Regulator believes it is in the interest of scheme members or in the public interest (subsection (1));

• for the purpose of any criminal proceedings arising from the specified provisions, in disciplinary proceedings relating to carrying out professional duties by a solicitor, an actuary, an accountant or an insolvency practitioner;

• in relation to disciplinary proceedings against a public servant;

• in assisting an authority in a country outside the United Kingdom to carry out functions in this Act and the Pensions Act 1995; or

• in the pursuance of a Community obligation.

275. The Regulator is not prevented from disclosing restricted information to the Director of Public Prosecutions; the Director of Public Prosecutions for Northern Ireland; the Lord Advocate; a procurator fiscal; or a constable.

276. Subsection (4) provides that the Regulator is not prevented from disclosing restricted information where disclosure is required by law, or to a trustee which the Regulator has appointed if the disclosure is for the purpose of enabling or assisting him to carry out his work.

277. Any person mentioned in subsection (1) or (4) to whom the Regulator gives information is able to disclose it with the permission of the Regulator. Also any person listed in Schedule 3 can disclose information to other supervising authorities with the consent of the Regulator for the purpose of carrying out functions listed in the second column of Schedule 3. Before the Regulator gives consent to a party to disclose information the Regulator must take into account representations made by that party in respect of the need for the disclosure.