PART 1N.I.PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS

CHAPTER 2N.I.COMPLIANCE

Reviews and referencesN.I.

Review of noticesN.I.

43—(1) The Regulator may review a notice to which this section applies—

(a)on the written application of the person to whom the notice was issued, or

(b)if the Regulator otherwise considers it appropriate.

(2) This section applies to—

(a)a compliance notice issued under section 35;

(b)a third party compliance notice issued under section 36;

(c)an unpaid contributions notice issued under section 37;

(d)a fixed penalty notice issued under section 40;

(e)an escalating penalty notice issued under section 41.

(3) Regulations may prescribe the period within which—

(a)an application to review a notice may be made under subsection (1)(a);

(b)a notice may be reviewed under subsection (1)(b).

(4) On a review of a notice, the effect of the notice is suspended for the period beginning when the Regulator determines to carry out the review and ending when the review is completed.

(5) In carrying out a review, the Regulator must consider any representations made by the person to whom the notice was issued.

(6) The Regulator's powers on a review include power to—

(a)confirm, vary or revoke the notice;

(b)substitute a different notice.

Modifications etc. (not altering text)

C2S. 43 applied (10.8.2021 for specified purposes) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), ss. 17(5)(b), 44(1)(a)(iii) (with transitional provisions in S.R. 2021/234, art. 3)

C3S. 43 applied (10.8.2021 for specified purposes) by Pension Schemes Act (Northern Ireland) 2021 (c. 6), ss. 18(7)(b), 44(1)(a)(iii) (with transitional provisions in S.R. 2021/234, art. 3)

C4S. 43 applied (1.9.2021 for specified purposes) by S.I. 2005/255 (N.I. 1), art. 72A(5)(b) (with art. 72A(6)) (as inserted by Pension Schemes Act 2021 (c. 1), s. 131(2)(b), Sch. 8 para. 11; S.R. 2021/240, art. 2(1)(f))

C5S. 43 applied (1.9.2021 for specified purposes) by S.I. 2005/255 (N.I. 1), art. 72B(7)(b) (with art. 72B(8)) (as inserted by Pension Schemes Act 2021 (c. 1), s. 131(2)(b), Sch. 8 para. 11; S.R. 2021/240, art. 2(1)(f))

Commencement Information

I1S. 43 partly in force; s. 43 in force for certain purposes at Royal Assent see s. 118(2)

I2S. 43 in operation at 30.6.2012 in so far as not already in operation by S.R. 2012/266, art. 2, Sch. Pt. 1