Hogan Lovells

Key Dates

Decision issued 21 August 2017


Summary

The Pensions Regulator does not have to issue a new warning notice before bringing a matter before the Tribunal when the regulatory outcome that would be achieved (a fine) was the same in broad terms as set out in the original notice.

Background

The trustee contested a £300 fine imposed by the Regulator for failure to provide a scheme return. The January 2017 warning notice had stated that the Regulator was considering issuing a financial penalty for failure to provide a scheme return and, alternatively, for failure to notify the Regulator of changes to registrable information (that the scheme had been wound up). The determination notice confirming the fine referred only to the failure to submit a scheme return.

Decision

The Tribunal held that (as the Regulator had accepted) a scheme return was not required as the scheme had been wound up. However, it was within the Regulator's jurisdiction to impose a penalty for failing to notify the Regulator that the scheme had wound up, even though the determination notice sought to impose a penalty on a different basis.



Date Accessed: 03/12/2021