Home Knowledge Pensions Offences – to Prosecute or not to Prosecute?

Pensions Offences - to Prosecute or not to Prosecute?

November 2, 2007

Until 17 September 2007 the only sanction which the Pensions Board could impose for breaches of the Pensions Act 1990 was to prosecute the offending party.  Given the nature of the breach in some instances, however, prosecution could have been regarded as the legal equivalent of using a sledgehammer to crack a nut.  With the introduction of an on-the-spot fine regime the Pensions Board now has a new weapon in its armoury giving it the option to prosecute or not to prosecute and thereby adopt the most proportionate course of action.   Peggy Hughes takes a look at the options now available to the Pensions Board, options which will be of particular interest to employers, those acting as trustees to pension schemes and their advisers.  She also highlights the audit tools available to assist employers and trustees with compliance.