Using powers under the Pensions Schemes Act 2021 update

FOI reference: FOI-496
Date - 2 September 2026

Request

I would be grateful if you could provide an updated response to the freedom of information request published in this link (FOI reference - FOI-280) relating to the use of The Pensions Regulator's (TPR) powers granted under the Pension Schemes Act 2021. For ease of reference, the questions are:

1. Since 11 February 2021, has TPR issued any warning notices in relation to the proposed issue of a contribution notice applying either of the new grounds for contribution notices of ‘employer insolvency test’ or ‘employer resources test’ (section 38 Pensions Act 2004)?
2. Since 11 February 2021, has TPR brought any prosecutions in relation to the offences of either ‘avoidance of an employer debt’ (section 58A Pensions Act 2004) or ‘conduct risking accrued scheme benefits’ (section 58B Pensions Act 2004)?
3. Since 11 February 2021, has TPR issued any financial penalties under section 88A of the Pensions Act 2004? If so, what were they for and in what amount?” 

Response

I confirm that we hold the information you have requested.  

1. No. Since 11 February 2021, TPR has not issued any warning notices in relation to the proposed issue of a contribution notice applying either of these grounds. 
2. No. Since 11 February 2021, TPR has not brought any prosecutions in relation to either of these offences. 
3. No. Since 11 February 2021, TPR has not issued any financial penalties under section 88A of the Pensions Act 2004. 

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