C1Part 1Pension scheme membership for jobholders
Chapter 3Safeguards: employment and pre-employment
Prohibited recruitment conduct
I152Penalty notices
1
The Regulator may issue a penalty notice to an employer if the Regulator is of the opinion that the employer—
a
has contravened section 50, or
b
has failed to comply with a compliance notice under section 51.
2
A penalty notice is a notice requiring the person to whom it is issued to pay a penalty within the period specified in the notice.
3
The penalty—
a
is to be determined in accordance with regulations, and
b
must not exceed £50,000.
4
A 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
specify the contravention or failure to which the notice relates;
d
notify the employer of the review process under section 43 and the right to make a reference under section 44 (as applied by section 53).
5
Section 42 (penalty notices: recovery) applies to a penalty payable under this section, and to a notice under this section, as it applies to a penalty payable under section 40, and to a notice under that section.
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)