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Pensions Act 2008, Section 42 is up to date with all changes known to be in force on or before 11 November 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.
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(1)Any penalty payable under section 40 or section 41 is recoverable by the Regulator.
(2)In England and Wales, any such penalty is, if [F1The county court] so orders, recoverable under section 85 of the County Courts Act 1984 (c. 28) or otherwise as if it were payable under an order of that court.
(3)In Scotland, a fixed penalty notice or escalating penalty notice is enforceable as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(4)The Regulator must pay into the Consolidated Fund any penalty recovered under this section.
Textual Amendments
F1Words in s. 42(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Modifications etc. (not altering text)
C1S. 42 applied (27.4.2017) by Pension Schemes Act 2017 (c. 17), ss. 18(7)(a), 44
C2S. 42 applied (27.4.2017) by Pension Schemes Act 2017 (c. 17), ss. 17(5)(a), 44
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