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Steps taken by Queensgate Bow OpCo Ltd with their automatic enrolment duties

FOI reference - FOI-4293
Date - 21 November 2019

Request

In respect of the employer auto-enrolment requirements under the Pensions Act 2008 (PA 2008), details of the steps taken by each Group Company to comply with these obligations, including:

(a) Confirmation of the Group Company staging date and any documents relating to this;

(b) Copies of any correspondence between the Group Company and The Pensions Regulator regarding auto-enrolment, and any enforcement or penalty notices issued by The Pensions Regulator;

(c) Copies of any records kept in accordance with regulations 5 to 8 of the Employers’ Duties (Registration and Compliance) Regulations 2010 in respect of the employees;

(d) Copies of any agreements between the scheme provider and the jobholder under section 26 of the PA 2008 or a copy of any certification under section 28 of the Pensions Act 2008;

(e) Details of any non-compliance by a Group Company or the trustees of the Pension Schemes with all relevant pensions legislation, or the rules of the Pension Schemes;

(f) Details of any former pension schemes that applied before the Pension Schemes, and any pension schemes that a Group Company has participated in other than the Pension Schemes.

Response

I can confirm that we hold information falling within scope of your request. However, we are unable to supply the requested information for the reasons set out below.

Information we are not able to supply

Firstly, I need to clarify that where you have referred to ‘Group Company’ I have understood this to mean Queensgate Bow OpCo Ltd.

(a) Confirmation of the Group Company staging date and any documents relating to this;

(b) Copies of any correspondence between the Group Company and The Pensions Regulator regarding auto-enrolment, and any enforcement or penalty notices issued by The Pensions Regulator;

(e) Details of any non-compliance by a Group Company or the trustees of the Pension Schemes with all relevant pensions legislation, or the rules of the Pension Schemes;

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.

As you are not listed as TPR’s contact for Queensgate Bow OpCo Ltd, we are unable to provide the information requested in points a, b and e above under section 82(3) of the PA04, which states:

"Subject to section 88(4), restricted information may be disclosed with the consent of the person to whom it relates and (if different) the person from whom the Regulator obtained it."

If you can provide written consent from TPR’s contact for Queensgate Bow OpCo Ltd in which they confirm we can disclose the requested information to you, we will revisit this aspect of your request.

c) Copies of any records kept in accordance with regulations 5 to 8 of the Employers’ Duties (Registration and Compliance) Regulations 2010 in respect of the employees;

d) Copies of any agreements between the scheme provider and the jobholder under section 26 of the PA 2008 or a copy of any certification under section 28 of the Pensions Act 2008;

f) Details of any former pension schemes that applied before the Pension Schemes, and any pension schemes that a Group Company has participated in other than the Pension Schemes.

We do not hold the information requested at points c, d and f above. You may wish to approach the trustee of Queensgate Bow OpCo Ltd to review if they can provide this information.