PART I continued
(3) The Authority may on the application of a person appearing to them to be interested—
(a) at any time review any other such determination of theirs as is mentioned in subsection (1) (including a determination given by them on a previous review), if they are satisfied that there has been a relevant change of circumstances since the determination was made, or that the determination was made in ignorance of a material fact or based on a mistake as to a material fact or was erroneous in point of law,
(b) at any time within a period of six months from the date of the determination, or within such longer period as they may allow in any particular case, review such a determination on any ground.
(4) The Authority’s powers on a review under subsection (2) or (3) include power—
(a) to vary or revoke any determination or order previously made,
(b) to substitute a different determination or order, and
(c) generally to deal with the matters arising on the review as if they had arisen on the original determination;
and also include power to make savings and transitional provisions.
(5) Subject to subsection (6), regulations may make provision with respect to the procedure to be adopted on any application for a review under subsection (2) or (3) or under any corresponding provision in force in Northern Ireland and generally with respect to such applications and reviews.
(6) Nothing in subsection (5) shall be taken to prevent such a review being entered upon by the Authority without an application being made.
(1) Any question of law arising in connection with—
(a) any matter arising under this Part for determination, or
(b) any matter arising on an application to the Authority for a review of a determination, or on a review by them entered upon without an application,
may, if the Authority think fit, be referred for decision to the court.
(2) If the Authority determine in accordance with subsection (1) to refer any question of law to the court, they must give notice in writing of their intention to do so—
(a) in a case where the question arises on an application made to the Authority, to the applicant, and
(b) in any case to such persons as appear to them to be concerned with the question.
(3) Any person who is aggrieved—
(a) by a determination of the Authority given on a review under section 96, or
(b) by the refusal of the Authority to review a determination,
where the determination involves a question of law and that question is not referred by the Authority to the court under subsection (1), may on that question appeal from the determination to the court.
(4) The Authority is entitled to appear and be heard on any reference or appeal under this section.
(5) The rules of court must include provision for regulating references and appeals to the court under this section and for limiting the time within which such appeals may be brought.
(6) The decision of the court on a reference or appeal under this section is final, and this subsection overrides any other enactment.
(7) On any such reference or appeal the court may order the Authority to pay the costs or, in Scotland, the expenses of any other person, whether or not the decision is in that other person’s favour and whether or not the Authority appear on the reference or appeal.
(8) In this section “the court” means the High Court or the Court of Session.
(1) In the case of any occupational pension scheme—
(a) a trustee, manager, professional adviser or employer, and
(b) any other person appearing to the Authority to be a person who holds, or is likely to hold, information relevant to the discharge of the Authority’s functions,
must, if required to do so by them by notice in writing, produce any document relevant to the discharge of those functions.
(2) To comply with subsection (1) the document must be produced in such a manner, at such a place and within such a period as may be specified in the notice.
(3) In this section and sections 99 to 101, “document” includes information recorded in any form, and any reference to production of a document, in relation to information recorded otherwise than in legible form, is to producing a copy of the information in legible form.
(1) An inspector may, for the purposes of investigating whether, in the case of any occupational pension scheme, the regulatory provisions are being, or have been, complied with, at any reasonable time enter premises liable to inspection and, while there—
(a) may make such examination and inquiry as may be necessary for such purposes,
(b) may require any person on the premises to produce, or secure the production of, any document relevant to compliance with those provisions for his inspection, and
(c) may, as to any matter relevant to compliance with those provisions, examine, or require to be examined, either alone or in the presence of another person, any person on the premises whom he has reasonable cause to believe to be able to give information relevant to that matter.
(2) In subsection (1), “the regulatory provisions” means provisions made by or under—
(a) the provisions of this Part, other than the following provisions: sections 51 to 54, 62 to 65 and 110 to 112,
(b) the following provisions of the [1993 c. 48.] Pension Schemes Act 1993: section 6 (registration), Chapter IV of Part IV (transfer values), section 113 (information) or section 175 (levy), or
(c) any corresponding provisions in force in Northern Ireland.
(3) Premises are liable to inspection for the purposes of this section if the inspector has reasonable grounds to believe that—
(a) members of the scheme are employed there,
(b) documents relevant to the administration of the scheme are being kept there, or
(c) the administration of the scheme, or work connected with the administration of the scheme, is being carried out there,
unless the premises are a private dwelling-house not used by, or by permission of, the occupier for the purposes of a trade or business.
(4) An inspector applying for admission to any premises for the purposes of this section must, if so required, produce his certificate of appointment.
(5) In this Part “inspector” means a person appointed by the Authority as an inspector.
(1) A justice of the peace may issue a warrant under this section if satisfied on information on oath given by or on behalf of the Authority that there are reasonable grounds for believing—
(a) that there are on any premises documents whose production has been required under section 98(1) or 99(1)(b), or any corresponding provisions in force in Northern Ireland, and which have not been produced in compliance with the requirement,
(b) that there are on any premises documents whose production could be so required and that if their production were so required the documents would not be produced but would be removed from the premises, hidden, tampered with or destroyed, or
(c) that—
(i) an offence has been committed under this Act or the [1993 c. 48.] Pension Schemes Act 1993, or any enactment in force in Northern Ireland corresponding to either of them,
(ii) a person will do any act which constitutes a misuse or misappropriation of the assets of an occupational pension scheme,
(iii) a person is liable to pay a penalty under section 10 of this Act or section 168(4) of the Pension Schemes Act 1993, or any enactment in force in Northern Ireland corresponding to either of them, or
(iv) a person is liable to be prohibited from being a trustee of a trust scheme under section 3,
and that there are on any premises documents which relate to whether the offence has been committed, whether the act will be done, or whether the person is so liable, and whose production could be required under section 98(1) or 99(1)(b) or any corresponding provisions in force in Northern Ireland.
(2) A warrant under this section shall authorise an inspector—
(a) to enter the premises specified in the information, using such force as is reasonably necessary for the purpose,
(b) to search the premises and take possession of any documents appearing to be such documents as are mentioned in subsection (1) or to take in relation to such documents any other steps which appear necessary for preserving them or preventing interference with them,
(c) to take copies of any such documents, or
(d) to require any person named in the warrant to provide an explanation of them or to state where they may be found.
(3) A warrant under this section shall continue in force until the end of the period of one month beginning with the day on which it is issued.
(4) Any documents of which possession is taken by virtue of a warrant under this section may be retained—
(a) for a period of six months, or
(b) if within that period proceedings to which the documents are relevant are commenced against any person for any offence under this Act or the [1993 c. 48.] [1993 c. 48.] Pension Schemes Act 1993, or any enactment in force in Northern Ireland corresponding to either of them, until the conclusion of those proceedings.
(5) In the application of this section in Scotland—
(a) the reference to a justice of the peace is to be read as a reference to a justice within the meaning of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, and
(b) the references to information are to be read as references to evidence.
(1) A person who, without reasonable excuse, neglects or refuses to produce a document when required to do so under section 98 is guilty of an offence.
(2) A person who without reasonable excuse—
(a) intentionally delays or obstructs an inspector exercising any power under section 99,
(b) neglects or refuses to produce, or secure the production of, any document when required to do so under that section, or
(c) neglects or refuses to answer a question or to provide information when so required,
is guilty of an offence.
(3) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) An offence under subsection (1) or (2)(b) or (c) may be charged by reference to any day or longer period of time; and a person may be convicted of a second or subsequent offence by reference to any period of time following the preceding conviction of the offence.
(5) Any person who knowingly or recklessly provides the Authority with information which is false or misleading in a material particular is guilty of an offence if the information—
(a) is provided in purported compliance with a requirement under section 99, or
(b) is provided otherwise than as mentioned in paragraph (a) above but in circumstances in which the person providing the information intends, or could reasonably be expected to know, that it would be used by the Authority for the purpose of discharging their functions under this Act.
(6) Any person who intentionally and without reasonable excuse alters, suppresses, conceals or destroys any document which he is or is liable to be required under section 98 or 99 to produce to the Authority is guilty of an offence.
(7) Any person guilty of an offence under subsection (5) or (6) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum,
(b) on conviction on indictment, to imprisonment or a fine, or both.
(1) Nothing in sections 98 to 101 requires a person to answer any question or give any information if to do so would incriminate that person or that person’s spouse.
(2) Nothing in those sections requires any person to produce any document to the Authority, or to any person acting on their behalf, if he would be entitled to refuse to produce the document in any proceedings in any court on the grounds that it was the subject of legal professional privilege or, in Scotland, that it contained a confidential communication made by or to an advocate or solicitor in that capacity.
(3) Where a person claims a lien on a document, its production under section 98 or 99 shall be without prejudice to the lien.
(1) The Authority may, if they consider it appropriate to do so in any particular case, publish in such form and manner as they think fit a report of any investigation under this Part and of the result of that investigation.
(2) For the purposes of the law of defamation, the publication of any matter by the Authority shall be absolutely privileged.
(1) Except as provided by sections 106 to 108, restricted information must not be disclosed by the Authority or by any person who receives the information directly or indirectly from them, except with the consent of the person to whom it relates and (if different) the person from whom the Authority obtained it.
(2) For the purposes of this section and sections 105 to 108, “restricted information” means any information obtained by the Authority in the exercise of their functions which relates to the business or other affairs of any person, except for information—
(a) which at the time of the disclosure is or has already been made available to the public from other sources, or
(b) which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it.
(3) Any person who discloses information in contravention of this section is guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, and
(b) on conviction on indictment, to a fine or imprisonment, or both.
(1) Subject to subsection (2), for the purposes of section 104, “restricted information” includes information which has been supplied to the Authority for the purposes of their functions by an authority which exercises functions corresponding to the functions of the Authority in a country or territory outside the United Kingdom.
(2) Sections 106 to 108 do not apply to such information as is mentioned in subsection (1), and such information must not be disclosed except—
(a) as provided in section 104,
(b) for the purpose of enabling or assisting the Authority to discharge their functions, or
(c) with a view to the institution of, or otherwise for the purposes of, criminal proceedings, whether under this Act or otherwise.
(1) Section 104 does not preclude the disclosure of restricted information in any case in which disclosure is for the purpose of enabling or assisting the Authority to discharge their functions.
(2) If, in order to enable or assist the Authority properly to discharge any of their functions, the Authority consider it necessary to seek advice from any qualified person on any matter of law, accountancy, valuation or other matter requiring the exercise of professional skill, section 104 does not preclude the disclosure by the Authority to that person of such information as appears to the Authority to be necessary to ensure that he is properly informed with respect to the matters on which his advice is sought.
(1) Section 104 does not preclude the disclosure by the Authority of restricted information to any person specified in the first column of the following Table if the Authority consider that the disclosure would enable or assist that person to discharge the functions specified in relation to him in the second column of that Table.
| The Secretary of State. | Functions under the [1982 c. 50.] Insurance Companies Act 1982, Part XIV of the [1985 c. 6.] Companies Act 1985, the [1986 c. 45.] Insolvency Act 1986, the [1986 c. 60.] Financial Services Act 1986, Part III of the [1989 c. 40.] Companies Act 1989 or Part III of the [1993 c. 48.] Pension Schemes Act 1993. |
| The Treasury. | Functions under the Financial Services Act 1986. |
| The Bank of England. | Functions under the [1987 c. 22.] Banking Act 1987 or any other functions. |
| The Charity Commissioners. | Functions under the [1993 c. 10.] Charities Act 1993. |
| The Lord Advocate. | Functions under Part I of the [1990 c. 40.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. |
| The Pensions Ombudsman and the Registrar of Occupational and Personal Pension Schemes. | Functions under the [1993 c. 48.] Pension Schemes Act 1993 or the [1993 c. 49.] Pension Schemes (Northern Ireland) Act 1993. |
| The Compensation Board. | Functions under this Act or any corresponding enactment in force in Northern Ireland. |
| The Policyholders Protection Board. | Functions under the [1975 c. 75.] Policyholders Protection Act 1975. |
| The Deposit Protection Board. | Functions under the [1987 c. 22.] Banking Act 1987. |
| The Investor Protection Board. | Functions under the [1986 c. 53.] Building Societies Act 1986. |
| The Friendly Societies Commission. | Functions under the enactments relating to friendly societies. |
| The Building Societies Commission. | Functions under the Building Societies Act 1986. |
| The Commissioners of Inland Revenue or their officers. | Functions under the Taxes Act 1988 or the [1992 c. 12.] Taxation of Chargeable Gains Act 1992. |
| The Official Receiver, or, in Northern Ireland, the Official Receiver for Northern Ireland. | Functions under the enactments relating to insolvency. |
| An inspector appointed by the Secretary of State. | Functions under Part XIV of the [1985 c. 6.] Companies Act 1985 or section 94 or 177 of the [1986 c. 60.] Financial Services Act 1986. |
| A person authorised to exercise powers under section 43A or 44 of the [1982 c. 50.] Insurance Companies Act 1982, section 447 of the [1985 c. 6.] Companies Act 1985, section 106 of the [1986 c. 60.] Financial Services Act 1986, Article 440 of the [S.I. 1986/1032 (N.I. 6)] Companies (Northern Ireland) Order 1986, or section 84 of the [1989 c. 40.] Companies Act 1989. | Functions under those sections or that Article. |
| A designated agency or transferee body or the competent authority (within the meaning of the [1986 c. 60.] Financial Services Act 1986). | Functions under the [1986 c. 60.] Financial Services Act 1986. |
| A recognised self-regulating organisation, recognised professional body, recognised investment exchange or recognised clearing house (within the meaning of the [1986 c. 60.] Financial Services Act 1986). | Functions in its capacity as an organisation, body, exchange or clearing house recognised under the [1986 c. 60.] Financial Services Act 1986. |
| A person administering a scheme for compensating investors under section 54 of the [1986 c. 60.] Financial Services Act 1986. | Functions under that section. |
| A recognised professional body (within the meaning of section 391 of the [1986 c. 45.] Insolvency Act 1986). | Functions in its capacity as such a body under that Act. |
| The Department of Economic Development in Northern Ireland. | Functions under Part XV of the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986, the [S.I. 1989/2405 (N.I. 19).] Insolvency (Northern Ireland) Order 1989 or Part II of the [S.I. 1990/1504 (N.I. 10).] Companies (No. 2)(Northern Ireland) Order 1990. |
| The Department of Health and Social Services for Northern Ireland. | Functions under Part III of the [1993 c. 49.] Pension Schemes (Northern Ireland) Act 1993. |
| An inspector appointed by the Department of Economic Development in Northern Ireland. | Functions under Part XV of the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986. |
| A recognised professional body within the meaning of Article 350 of the [S.I. 1989/2405 (N.I. 19).] Insolvency (Northern Ireland) Order 1989. | Functions in its capacity as such a body under that Order. |
(2) The Secretary of State may after consultation with the Authority—
(a) by order amend the Table in subsection (1) by—
(i) adding any person exercising regulatory functions and specifying functions in relation to that person,
(ii) removing any person for the time being specified in the Table, or
(iii) altering the functions for the time being specified in the Table in relation to any person, or
(b) by order restrict the circumstances in which, or impose conditions subject to which, disclosure may be made to any person for the time being specified in the Table.
(1) Section 104 does not preclude the disclosure by the Authority of restricted information to—
(a) the Secretary of State, or
(b) the Department of Health and Social Services for Northern Ireland,
if the disclosure appears to the Authority to be desirable or expedient in the interests of members of occupational pension schemes or in the public interest.
(2) Section 104 does not preclude the disclosure of restricted information—
(a) with a view to the institution of, or otherwise for the purposes of, criminal proceedings, whether under this Act or otherwise,
(b) in connection with any other proceedings arising out of—
(i) this Act, or
(ii) the [1993 c. 48.] Pension Schemes Act 1993,
or any corresponding enactment in force in Northern Ireland or any proceedings for breach of trust in relation to an occupational pension scheme,
(c) with a view to the institution of, or otherwise for the purposes of, proceedings under section 7 or 8 of the [1986 c. 46.] Company Directors Disqualification Act 1986 or Article 10 or 11 of the [S.I. 1989/2404 (N.I. 18).] Companies (Northern Ireland) Order 1989,
(d) in connection with any proceedings under the [1986 c. 45.] Insolvency Act 1986 or the [S.I. 1989/2405 (N.I. 19).] Insolvency (Northern Ireland) Order 1989 which the Authority have instituted or in which they have a right to be heard,
(e) with a view to the institution of, or otherwise for the purposes of, any disciplinary proceedings relating to the exercise of his professional duties by a solicitor, an actuary or an accountant,
(f) with a view to the institution of, or otherwise for the purposes of, any disciplinary proceedings relating to the discharge by a public servant of his duties,
(g) for the purpose of enabling or assisting an authority in a country outside the United Kingdom to exercise functions corresponding to those of the Authority under this Act, or
(h) in pursuance of a Community obligation.
(3) Section 104 does not preclude the disclosure by the Authority of information to the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Lord Advocate, a procurator fiscal or a constable.
(4) Section 104 does not preclude the disclosure by any person mentioned in subsection (1) or (3) of information obtained by the person by virtue of that subsection, if the disclosure is made with the consent of the Authority.
(5) Section 104 does not preclude the disclosure by any person specified in the first column of the Table in section 107 of information obtained by the person by virtue of that subsection, if the disclosure is made—
(a) with the consent of the Authority, and
(b) for the purpose of enabling or assisting the person to discharge any functions specified in relation to him in the second column of the Table.
(6) The Authority must, before deciding whether to give their consent to such a disclosure as is mentioned in subsection (4) or (5), take account of any representations made to them by the person seeking to make the disclosure as to the desirability of the disclosure or the necessity for it.
(7) In subsection (2), “public servant” means an officer or servant of the Crown or of any prescribed authority.
(1) This section applies to information held by any person in the exercise of tax functions about any matter relevant, for the purposes of those functions, to tax or duty in the case of an identifiable person (in this section referred to as “tax information”).
(2) No obligation as to secrecy imposed by section 182 of the [1989 c. 26.] Finance Act 1989 or otherwise shall prevent the disclosure of tax information to the Authority for the purpose of enabling or assisting the Authority to discharge their functions.
(3) Where tax information is disclosed to the Authority by virtue of subsection (2), it shall, subject to subsection (4), be treated for the purposes of section 104 as restricted information.
(4) Sections 106 to 108 do not apply to tax information and such information must not be disclosed except—
(a) to, or in accordance with authority duly given by, the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, or
(b) with a view to the institution of, or otherwise for the purposes of, criminal proceedings under this Act or the [1993 c. 48.] Pension Schemes Act 1993, or any enactment in force in Northern Ireland corresponding to either of them.
(5) In this section “tax functions” has the same meaning as in section 182 of the [1989 c. 26.] Finance Act 1989.
(1) In the case of any trust scheme—
(a) a trustee, professional adviser or employer, and
(b) any other person appearing to the Compensation Board to be a person who holds, or is likely to hold, information relevant to the discharge of the Board’s functions,
must, if required to do so by the Board by notice in writing, produce any document relevant to the discharge of those functions.
(2) To comply with subsection (1) the document must be produced in such a manner, at such a place and within such a period as may be specified in the notice.
(3) In this section and section 111, “document” includes information recorded in any form, and any reference to production of a document, in relation to information recorded otherwise than in legible form, is to producing a copy of the information in legible form.
(1) A person who without reasonable excuse neglects or refuses to produce a document when required to do so under section 110 is guilty of an offence.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) An offence under subsection (1) may be charged by reference to any day or longer period of time; and a person may be convicted of a second or subsequent offence by reference to any period of time following the preceding conviction of the offence.
(4) Any person who knowingly or recklessly provides the Compensation Board with information which is false or misleading in a material particular is guilty of an offence if the information is provided in circumstances in which the person providing the information intends, or could reasonably be expected to know, that it would be used by the Board for the purpose of discharging their functions under this Act or any corresponding enactment in force in Northern Ireland.
(5) Any person who intentionally and without reasonable excuse alters, suppresses, conceals or destroys any document which he is or is liable to be required under section 110 to produce to the Compensation Board is guilty of an offence.
(6) Any person guilty of an offence under subsection (4) or (5) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum,
(b) on conviction on indictment, to imprisonment or a fine, or both.
Nothing in section 110 or 111 requires a person—
(a) to answer any question or give any information if to do so would incriminate that person or that person’s spouse, or
(b) to produce any document if he would be entitled to refuse to produce the document in any proceedings in any court on the grounds that it was the subject of legal professional privilege or, in Scotland, that it contained a confidential communication made by or to an advocate or solicitor in that capacity.
(1) The Compensation Board may, if they consider it appropriate to do so in any particular case, publish in such form and manner as they think fit a report of any investigation under this Part and of the result of that investigation.
(2) For the purposes of the law of defamation, the publication of any matter by the Compensation Board shall be absolutely privileged.
(1) A person to whom this section applies may disclose to the Compensation Board any information received by him under or for the purposes of any enactment if the disclosure is made by him for the purpose of enabling or assisting the Board to discharge any of their functions.
(2) In the case of information which a person holds or has held in the exercise of functions—
(a) of the Commissioners of Inland Revenue or their officers, and
(b) relating to any tax within the general responsibility of the Commissioners,
subsection (1) does not authorise any disclosure unless made in accordance with an authorisation given by the Commissioners.