38 Contribution notices where avoidance of employer debt
Pensions Act 2004 (2004 c 35) | Legislation

Contribution notices where avoidance of employer debt

38  Contribution notices where avoidance of employer debt

(1)     This section applies in relation to an occupational pension scheme other than—

(a)     a money purchase scheme, or

(b)     a prescribed scheme or a scheme of a prescribed description.

(2)     The Regulator may issue a notice to a person stating that the person is under a liability to pay the sum specified in the notice (a “contribution notice”)—

(a)     to the trustees or managers of the scheme, or

(b)     where the Board of the Pension Protection Fund has assumed responsibility for the scheme in accordance with Chapter 3 of Part 2 (pension protection), to the Board.

(3)     The Regulator may issue a contribution notice to a person only if—

(a)     the Regulator is of the opinion that the person was a party to an act or a deliberate failure to act which falls within subsection (5),

(b)     the person was at any time in the relevant period—

(i)     the employer in relation to the scheme, or

(ii)     a person connected with, or an associate of, the employer,

(c)     the Regulator is of the opinion that the person, in being

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