Explanatory Notes

Child Support, Pensions and Social Security Act 2000

2000 CHAPTER 19

28th July 2000

Part II: Pensions.

Commentary on Sections

Chapter II: Occupational and Personal Pension Schemes
Winding-up of schemes
Section 50: Directions for facilitating winding-up
New section 72C: duty to comply with directions under 72B

545.New section 72C(2) provides that section 3 of the Pensions Act 1995 (Opra may prohibit a person from being a trustee) applies to any trustee who fails to take reasonable steps to ensure compliance, and has no reasonable excuse.

546.New section 72C(3) applies section 10 of the 1995 Act (financial penalties) to any trustee or manager who fails to take reasonable steps to ensure compliance, and has no reasonable excuse.

547.New section 72C(4) applies section 10 to anyone else who fails to comply with a direction, and has no reasonable excuse.

548.New section 72C(5) provides that any duty of non-disclosure is not a reasonable excuse for failure to supply information in accordance with directions from Opra. The statutory duty to comply with directions will mean that a person complying with a direction will not be in breach of the non-disclosure duty.