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Information relating to the Bryson Charitable Group

FOI reference - FOI-3731

Date - 26 March 2019

Request

The following information was requested:

Number of warnings, fines and the amounts of fines accumulated from 1 April 2016 to date incurred by the Bryson Charitable Group which incorporates the following companies, Bryson Recycling Ltd, Bryson Energy, Bryson Futureskills and Bryson Lagansports.

Response

Duty to confirm or deny whether we hold the information requested

We neither confirm nor deny that we hold information falling within the description specified in your request.

This is because disclosure of the sort of information requested is prohibited under an enactment, save in certain circumstances which do not apply here.

As we have been given strong powers to demand documents and other information from trustees, employers and others, 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 (PA04) 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 PA04 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 PA04 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.

This should not be taken as any indication of whether or not we hold the information you requested.

Section 89 of the Pensions Act 2004 does give us the power to publish information on cases where we have exercised or considered exercising our powers.

The information that we do publish in relation to enforcement can be found on our website. We will publish the names of those who have paid their fines but remain non-compliant, as well as those who have failed to pay their fine and as a result have been made subject to a court order.