New Clause 47 - Contribution notices where non-compliance with financial support direction
Pensions Bill
2:45 pm

'(1) This section applies where there is non-compliance with a financial support direction issued in relation to a scheme under section [Financial support directions].

(2) The Regulator may issue a notice to any one or more of the persons to whom the direction was issued stating that the person is under a liability to pay to the trustees or managers of the scheme the sum specified in the notice (a ''contribution notice'').

(3) The Regulator may issue a contribution notice to a person only if the Regulator is of the opinion that it is reasonable to impose liability on the person to pay the sum specified in the notice.

(4) The Regulator, when deciding for the purposes of subsection (3) whether it is reasonable to impose liability on a particular person to pay the sum specified in the notice, must have regard to such matters as the Regulator considers relevant including, where relevant, the following matters—

(a) whether the person has taken reasonable steps to secure compliance with the financial support direction,

(b) the relationship which the person has or has had with the employer (including, where the employer is a company, whether the person has or has had control of the employer),

(c) the relationship which the person has or has had with the parties to any arrangements put in place in accordance with the direction (including, where any of those parties is a company, whether the person has or has had control of that company),

(d) any connection or involvement which the person has or has had with the scheme,

(e) the financial circumstances of the person, and

(f) such other matters as may be prescribed.

(5) Subsection (10) of section 435 of the Insolvency Act 1986 (c. 45) (meaning of control) applies for the purposes of subsection (4) as it applies for the purposes of that section.

(6) A contribution notice may not be issued under this section in respect of non-compliance with a financial support direction in relation to a scheme where the Board of the Pension Protection Fund has assumed responsibility for the scheme under Chapter 3 of Part 2 (pension protection).'.—[Malcolm Wicks.]

Brought up, read the First and Second time, and added to the Bill.