C1Part 1Pension scheme membership for jobholders
Chapter 2Compliance
Penalty notices
I140Fixed penalty notices
1
The Regulator may issue a fixed penalty notice to a person if it is of the opinion that the person has failed to comply with—
a
a compliance notice under section 35,
b
a third party compliance notice under section 36,
c
an unpaid contributions notice under section 37, or
d
a notice issued under section 72 of the Pensions Act 2004 (c. 35) (provision of information).
2
The Regulator may issue a fixed penalty notice to a person if it is of the opinion that the person has contravened—
a
any provision of regulations under section 3(2) or 5(2) (prescribed arrangements for automatic enrolment or re-enrolment),
b
any provision of regulations under section 7(4) (prescribed arrangements: jobholder's right to opt in),
c
section 8(2)(b) (refund of contributions if jobholder opts out of scheme membership), and any provision of regulations under that provision,
d
section 10 (requirement to give information to workers), and any provision of regulations under that section, or
e
any provision of regulations under section 60 (requirement to keep records).
3
A fixed penalty notice is a notice requiring the person to whom it is issued to pay a penalty within the period specified in the notice.
4
The penalty—
a
is to be determined in accordance with regulations, and
b
must not exceed £50,000.
5
A fixed penalty notice must—
a
state the amount of the penalty;
b
state the date, which must be at least 4 weeks after the date on which the notice is issued, by which the penalty must be paid;
c
state the period to which the penalty relates;
d
if the notice is issued under subsection (1), specify the failure to which the notice relates;
e
if the notice is issued under subsection (2), specify the provision or provisions that have been contravened;
f
if the notice is issued under subsection (1), state that, if the failure to comply continues, the Regulator may issue an escalating penalty notice under section 41;
g
notify the person to whom the notice is issued of the review process under section 43 and the right of referral to F1a tribunal under section 44.
Pt. 1 applied (with modifications) (temp. 1.7.2012 to 30.6.2020) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), art. 2 (with saving in art. 5)