Energy Act 2023

Information and assistance E+W+S

5 (1) The Secretary of State may direct a person within sub-paragraph (3) to provide the Secretary of State with—

(a) such specified pensions information, or

(b) such specified assistance,

as the Secretary of State may reasonably require in preparation for or in connection with the exercise of a power conferred on the Secretary of State by this Schedule.

(2) “Pensions information” means information that—

(a) relates to pensions or other benefits under a qualifying pension scheme, or

(b) relates to the administration of a qualifying pension scheme in respect of pensions or other benefits under the scheme.

(3) The following persons are within this sub-paragraph—

(a) the trustee of a qualifying pension scheme;

(b) any person who exercises functions on behalf of a person within paragraph (a);

(c) any person who is or has been an employer of a qualifying member of a qualifying pension scheme.

(4) The power under sub-paragraph (1) ceases to be exercisable—

(a) at the end of the period of 3 years beginning with the time from which the first designation under section 162(1) has effect, or

(b) if at any time before the end of that period a transfer scheme is made under paragraph 1(1) of Schedule 9, at the end of the period of 3 years beginning with the date (or, if there is more than one, the first date) from which the transfer of property, rights or liabilities under the scheme takes effect.

(5) A person to whom a direction is given under sub-paragraph (1) must, so far as reasonably practicable, provide the Secretary of State with the specified pensions information or assistance—

(a) within the specified period, and

(b) in the specified form and manner.

(6) A direction under sub-paragraph (1) is enforceable by the Secretary of State in civil proceedings—

(a) for an injunction,

(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

(c) for any other appropriate remedy or relief.

(7) The Secretary of State must reimburse a person for costs reasonably incurred by the person in complying with a direction under sub-paragraph (1).

(8) In this paragraph, “specified” means specified in the direction.

Commencement Information

I1 Sch. 10 para. 5 in force at Royal Assent, see s. 334(2)(h)(ii)