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TPR's investigation of the MNRPF/MNOPF

Request

  • how and why did the regulator become involved with the pension fund?
  • did the trustee board agree to contact you, or did an individual/s contact you? If it was individual/s who were they?
  • how many meeting, phone calls and emails have taken place with the chair, any advisers and trustees?
  • have any of the above made any allegations against any of the trustees?
  • if yes has the regulator investigated the complaints and given any of the trustee accused to be a loud to give their version of events?
  • have members and employers been given the same information at the same time?
  • why did the Chairman Mr Preston resign?
  • is the regulator aware of an email hacking issue involving MNRPF and Ensign pensions a few years back?
  • is this a method to remove the member trustees, how much has this cost PR and where is the inquiry up to?

Response

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

Information we are not able to supply

Section 44(1)(a) – restricted information under s82 PA04

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 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.

However, I would advise that you may be able to get further information by contacting the scheme’s trustees at mnrpf@jltgroup.com