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Revocation of chair's statement penalty notices

FOI reference - FOI-3477
Date - 14 December 2018

Request

1. Please confirm whether TPR [The Pensions Regulator] has on any occasion decided to revoke a penalty notice issued under Regulation 28 of the Charges Regulations in respect of a chair's statement before, rather than after, the penalty notice was:

a) imposed;

b) issued; and/or

c) sent to the affected trustee.

2. In respect of each of the 74 revoked penalty notices referred to in your FOIA response of 26 October 2018, and any other penalty notices issued under Regulation 28 of the Charges Regulations in respect of Chair's statements that TPR has revoked (either before or after the penalty notice has been issued, imposed and/or sent to the affected trustee), please provide the date on which:

a) the relevant chair's statement was prepared;

b) the relevant chair's statement was received by TPR;

c) the penalty notice was

i. imposed,

ii. issued and

iii. sent to the affected trustee;

d) TPR commenced a review pursuant to Regulation 31 of the Charges Regulations;

e) TPR applied the "internal criteria" referred to at paragraph 9 of your previous FOIA response of 26 October 2018; and

f) the penalty notice was revoked.

Response

Under section 12 of the FoIA public authorities are not obliged to comply with a request for information where the cost of complying would exceed the appropriate limit in the Fees Regulations[1], which, for us, is set at £450. Staff costs are fixed at £25 per person per hour. This represents the estimated cost of one person spending 18 hours in determining whether we hold the information, locating, retrieving and extracting it.

I can confirm some of the information you have requested is held, but in line with section 12 of the FoIA we are not able to provide the information to you because we have calculated that it would take us 24 ½ hours to determine whether all of the appropriate material is held and to locate, retrieve and extract that information. This is six and a half hours in excess of the applicable time limit.

You may wish to refine your request by narrowing its scope and/or being more specific about what information you particularly want. In question 2 you make reference to the 74 chair statement penalties. You may wish to consider reducing this number by at least a quarter. This may enable us to respond to your request within the cost limit.