Brewery and chairman to be prosecuted for failing to hand over financial information
Tuesday 24 April 2018
The Pensions Regulator (TPR) is to prosecute Samuel Smith Old Brewery (Tadcaster) and company chairman Humphrey Smith for failing to provide information and documents required for an ongoing TPR investigation.
TPR sought details of the company’s finances in order to understand the funding position of some of the brewery’s pension schemes.
The company failed to comply with a notice issued under section 72 of the Pensions Act 2004 on 12 January 2018, requiring the information and documents to be provided by 26 January 2018.
The company and Humphrey Smith have been summonsed to appear at Brighton Magistrates’ Court on Tuesday, 15 May 2018. They will each face a charge of neglecting or refusing to provide information and documents, without a reasonable excuse, when required to do so under section 72 of the Pensions Act 2004, contrary to section 77(1) of that Act. Humphrey Smith is charged on the basis that the offence by the company was committed with his consent or connivance or by his neglect.
- TPR has the power under section 72 of the Pensions Act 2004 to require pension schemes, employers and third parties to provide us with information and documents relevant to our functions.
- Failure to provide such information without a reasonable excuse is a criminal offence which can result in an unlimited fine. Additionally, those involved can suffer serious reputational damage from being convicted of non-compliance with the law. Businesses could also face further action from their professional body.
- TPR is the regulator of work-based pension schemes in the UK. Our statutory objectives are: to protect members’ benefits; to reduce the risk of calls on the Pension Protection Fund (PPF); to promote, and to improve understanding of, the good administration of work-based pension schemes; to maximise employer compliance with automatic enrolment duties; and to minimise any adverse impact on the sustainable growth of an employer (in relation to the exercise of TPR’s functions under Part 3 of the Pensions Act 2004 only).
Kimberly Middleton 01273 349554
Matt Adams 01273 662086