Pensions Regulator updates enforcement and prosecution policies

The Regulator is consulting over a consolidated version of its enforcement materials and an updated prosecution policy. Both reflect its new, stronger powers.

This is in response to feedback that those involved with defined benefit (DB) pensions would benefit from a clear set of policies that explains the Regulator’s approach to investigations and use of its enforcement powers.

The Regulator proposes to replace some now out-dated enforcement policies (for defined benefit, hybrid, public sector and defined contribution pension schemes) with a single enforcement policy which includes clear links to other relevant policies.

The consultation documents are consistent with the Regulator’s stated approach to enforcement since the Pension Schemes Act 2021 was introduced, so this appears to be no more than a tidying-up exercise.

Auto-enrolment and master trust compliance and enforcement policies have not changed and remain separate.

The consultation closed on June 24, 2022.

Meanwhile the Regulator has also published a consultation response on overlapping powers, monetary penalties and information gathering policies, following a consultation in autumn 2021. Its final policies on High fines (avoidance) and High fines (information requirements) are now available and are substantially the same as the consultation drafts.