FOI reference - FOI 2016-08-10
Date - 10/08/2016
Please can you confirm that the Smart Pension Ltd is currently registered with The Pensions Regulator under Pension Scheme Registration Number 12011089.
Duty to confirm or deny whether TPR holds the information requested
I can confirm that we hold the information you have requested. However, we are unable to supply the information requested for the reason given below.
Information we are not able to supply
We have been given strong powers to demand documents and other information from trustees, employers and others, and those powers are also balanced by restrictions on how we disclose the information provided to us. The type of information you have requested would be ‘restricted information’. Restricted information is defined at section 82(4) of the Pensions Act 2004 ("the Act") as 'information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person’.
Under section 82(5) of the Act it is a criminal offence to disclose such information except as permitted under that Act.
Whilst the Freedom of Information Act (FoIA) is based on the presumption of releasing information, section 44(1)(a) of the FoIA provides an absolute exemption to the requirement to disclose any information if its disclosure is prohibited by or under any enactment. In this case, section 82 of the Act prohibits disclosure and we are unable to disclose the requested information. This exemption is absolute and does not require a public interest assessment be undertaken.