The Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006

Remedies for failure to comply

Penalties

18A

• (1) Where a person fails, without reasonable excuse, to comply with a requirement to consult under regulation 7(3), the Regulator may by notice in writing require that person to pay a penalty.

• (2) Any such penalty must be paid within 28 days and must not exceed—

• (a) in the case of an individual, £5,000, and

• (b) in any other case, £50,000.

Powers of the Regulator to waive or relax requirements

Waiver or relaxation of requirements: amendment of Schedule 2 to the Order

Waiver or relaxation of requirements: prescribed regulatory function

4A

• (1) In this paragraph—

• (a) Day A is the day on which the worker concerned complies with the requirement in paragraph (1) of Article 20A of the Tribunals Order (requirement to contact Labour Relations Agency before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and

• (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under paragraph (11) of that Article) the certificate issued under paragraph (4) of that Article.

• (2) In working out when the time limit set by paragraph 4(2)(a) expires the period beginning with the day after Day A and ending with Day B is not to be counted.

• (3) If the time limit set by paragraph 4(2)(a) would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.

• (4) The power conferred on the industrial tribunal by paragraph 4(2)(b) to extend the time limit set by paragraph 4(2)(a) is exercisable in relation to that time limit as extended by this paragraph.