Resolved,
That—
(1) Part 4 of the Finance Act 2004 (pension schemes etc) is amended as follows.
(2) Section 153 (applications for registration) is amended as follows.
(3) In subsection (4) for “On” substitute “Following”.
(4) In subsection (5) for paragraphs (a) and (b) substitute—
“(a) any information falling within subsection (5A) is inaccurate in a material respect,
(b) any document falling within subsection (5B) contains a material inaccuracy,
(c) any declaration accompanying the application is false, (d) the scheme administrator has failed to comply with an information notice under section 153A given in connection with the application (including any declaration accompanying it),
(e) the scheme administrator has deliberately obstructed an officer of Revenue and Customs in the course of an inspection under section 153B carried out in connection with the application (including any declaration accompanying it) where the inspection has been approved by the tribunal,
(f) the pension scheme has not been established, or is not being maintained, wholly or mainly for the purpose of making payments falling within section 164(1)(a) or (b) (authorised payments of pensions and lump sums), or
(g) the person who is, or any of the persons who are, the scheme administrator is not a fit and proper person to be, as the case may be—
(i) the scheme administrator, or
(ii) one of the persons who are the scheme administrator.”
(5) After subsection (5) insert—
“(5A) The information falling within this subsection is any information—
(a) contained in the application, or
(b) otherwise provided to an officer of Revenue and Customs by the scheme administrator (whether under section 153A or otherwise) in connection with the application (including any declaration accompanying it).
(5B) The documents falling within this subsection are any documents produced to an officer of Revenue and Customs by the scheme administrator (whether under section 153A or otherwise) in connection with the application (including any declaration accompanying it).
(5C) The reference in subsection (5)(d) to the scheme administrator having failed to comply with an information notice under section 153A includes a case where the scheme administrator has concealed, destroyed or otherwise disposed of, or has arranged for the concealment, destruction or disposal of, a document in breach of paragraph 42 or 43 of Schedule 36 to the Finance Act 2008 as applied by section 153A(3).”
(6) After section 153 insert—
“153A Power to require information or documents in relation to applications for registration
(1) This section applies where an application for a pension scheme to be registered is made.
(2) An officer of Revenue and Customs may by notice (an “information notice”) require the scheme administrator or any other person—
(a) to provide the officer with any information, or
(b) to produce a document to the officer, if the officer reasonably requires the information or document in connection with the application (including any declaration accompanying it).
(3) Paragraphs 6(2), 7, 8, 15, 16, 18 to 20, 23 to 27, 42 and 43 of Schedule 36 to the Finance Act 2008 (information notices etc) apply in relation to information notices under this section as they apply in relation to information notices under that Schedule.
(4) Where an information notice under this section is given to a person other than the scheme administrator, an officer of Revenue and Customs must give a copy of the notice to the scheme administrator.
(5) A person, other than the scheme administrator, who is given an information notice under this section may appeal against the notice or any requirement in the notice.
(6) Paragraph 32 of Schedule 36 to the Finance Act 2008 (procedures for appeals against information notices) applies for the purposes of an appeal under subsection (5) as it applies for the purposes of an appeal under Part 5 of that Schedule.
153B Power to inspect documents in relation to applications for registration
(1) This section applies where an application for a pension scheme to be registered is made.
(2) An officer of Revenue and Customs may—
(a) enter any business premises of the scheme administrator or any other person, and
(b) inspect documents that are on the premises, if the officer reasonably requires to inspect the documents in connection with the application (including any declaration accompanying it).
(3) In subsection (2)(a) “business premises” has the meaning given by paragraph 10(3) of Schedule 36 to the Finance Act 2008 (power to inspect business premises etc).
(4) Paragraphs 10(2), 12, 15 and 16 of Schedule 36 to the Finance Act 2008 apply in relation to the power of inspection conferred by this section as they apply in relation to the power of inspection conferred by paragraph 10 of that Schedule.
(5) An officer of Revenue and Customs may not inspect a document under this section if or to the extent that, by virtue of a provision of Part 4 of Schedule 36 to the Finance Act 2008 (restrictions on powers) applied by section 153A(3), an information notice under section 153A given at the time of the inspection to the occupier of the premises could not require the occupier to produce the document.
(6) An officer of Revenue and Customs may ask the tribunal to approve an inspection under this section.
(7) Paragraph 13(1A), (2) and (3) of Schedule 36 to the Finance Act 2008 (approval of tribunal for inspections) applies in relation to an application under subsection (6) as it applies in relation to an application under paragraph 13 of that Schedule in relation to an inspection under paragraph 10 of that Schedule.
153C Penalties for failure to comply with information notices etc
(1) This section applies where a person other than the scheme administrator—
(a) fails to comply with an information notice under section 153A, or
(b) deliberately obstructs an officer of Revenue and Customs in the course of an inspection under section 153B that has been approved by the tribunal.
(2) The reference in subsection (1)(a) to a person who fails to comply with an information notice includes a person who conceals, destroys or otherwise disposes of, or arranges for the concealment, destruction or disposal of, a document in breach of paragraph 42 or 43 of Schedule 36 to the Finance Act 2008 as applied by section 153A(3).
(3) Paragraphs 39(2), 40 and 44 to 49 of Schedule 36 to the Finance Act 2008 (penalties for failure to comply with information notice etc) apply in relation to the failure or obstruction as they apply in relation to a failure or obstruction mentioned in paragraph 39(1) of that Schedule.
153D Penalties for inaccurate information in applications
(1) This section applies where—
(a) an application under section 153 contains information which is inaccurate,
(b) the inaccuracy is material, and
(c) condition A, B or C is met.
(2) Condition A is that the inaccuracy is careless or deliberate.
(3) An inaccuracy is careless if it is due to a failure by the scheme administrator to take reasonable care.
(4) Condition B is that the scheme administrator knows of the inaccuracy at the time the application is made but does not inform an officer of Revenue and Customs at that time.
(5) Condition C is that the scheme administrator—
(a) discovers the inaccuracy some time later, and
(b) fails to take reasonable steps to inform an officer of Revenue and Customs.
(6) The scheme administrator is liable to a penalty not exceeding the maximum penalty for which the scheme administrator could have been liable under paragraph 40A of Schedule 36 to the Finance Act 2008 (penalties for inaccurate information and documents) had that paragraph applied in relation to the inaccuracy.
(7) Where the information contains more than one material inaccuracy, a penalty is payable for each inaccuracy.
(8) Paragraphs 46 to 49 of Schedule 36 to the Finance Act 2008 (assessment of penalties etc) apply in relation to a penalty under this section as they apply in relation to a penalty under paragraph 40A of that Schedule.
153E Penalties for inaccurate information or documents provided under information notice
(1) This section applies where—
(a) in complying with an information notice under section 153A, a person provides inaccurate information or produces a document that contains an inaccuracy, and
(b) the inaccuracy is material.
(2) Paragraphs 40A and 46 to 49 of Schedule 36 to the Finance Act 2008 (penalties for inaccurate information and documents) apply in relation to the inaccuracy as they apply in relation to an inaccuracy connected with an information notice under that Schedule.
153F Penalties for false declarations
(1) This section applies where—
(a) a declaration accompanying an application under section 153 is false, and
(b) at least one of conditions A to C in section 153D is met (reading references to an inaccuracy as references to a falsehood and references to the scheme administrator as references to the person who made the declaration).
(2) The person who made the declaration is liable to a penalty not exceeding the maximum penalty for which the person could have been liable under paragraph 40A of Schedule 36 to the Finance Act 2008 (penalties for inaccurate information and documents) had that paragraph applied in relation to the falsehood.
(3) Where the declaration contains more than one falsehood, a penalty is payable in relation to each falsehood.
(4) Paragraphs 46 to 49 of Schedule 36 to the Finance Act 2008 (assessment of penalties etc) apply in relation to a penalty under this section as they apply in relation to a penalty under paragraph 40A of that Schedule.”
(7) After section 156 insert—
“156A Cases where application for registration not decided within 6 months
(1) This section applies where—
(a) an application for a pension scheme to be registered is made, but
(b) the scheme administrator is not notified under section 153(6) within the period of 6 months after the day on which the application is made.
(2) The scheme administrator may appeal to the tribunal as if, at the end of that period of 6 months, the scheme administrator had been notified under section
153(6) of a decision not to register the scheme; and section 156(5) to (8) applies accordingly.”
(8) Section 158 (grounds for de-registration) is amended as follows.
(9) In subsection (1)—
(a) before paragraph (a) insert—
“(za) that the pension scheme has not been established, or is not being maintained, wholly or mainly for the purpose of making payments falling within section 164(1)(a) or (b) (authorised payments of pensions and lump sums),”,
(b) in paragraph (d) for “incorrect” substitute “inaccurate”,
(c) after paragraph (d) insert—
“(da) that the scheme administrator fails to produce any document required to be produced to an officer of Revenue and Customs by virtue of this Part or Part 1 of Schedule 36 to the Finance Act 2008,
(db) that any document produced to an officer of Revenue and Customs by the scheme administrator contains a material inaccuracy in relation to which at least one of conditions A to C in subsections (7) to (10) is met,”, and
(d) for paragraph (e) substitute—
“(e) that any declaration accompanying the application to register the pension scheme, or otherwise made to an officer of Revenue and Customs in connection with the pension scheme, is false in a material particular,
(ea) the scheme administrator has deliberately obstructed an officer of Revenue and Customs in the course of an inspection under Part 2 of Schedule 36 to the Finance Act 2008 that has been approved by the tribunal, or”.
(10) After subsection (5) insert—
“(6) Subsections (7) to (10) apply for the purposes of subsection (1)(db).
(7) Condition A is that the inaccuracy is careless or deliberate.
(8) An inaccuracy is careless if it is due to a failure by the scheme administrator to take reasonable care.
(9) Condition B is that the scheme administrator knows of the inaccuracy at the time the document is produced to an officer of Revenue and Customs but does not inform such an officer at that time.
(10) Condition C is that the scheme administrator—
(a) discovers the inaccuracy some time later, and
(b) fails to take reasonable steps to inform an officer of Revenue and Customs.”
(11) The amendments made by this Resolution come into force on 20 March 2014.
(12) The amendments made by paragraphs (2) to (7) have effect in relation to applications made on or after that date.
(13) In relation to an application made before 1 September 2014, section 153(5) of the Finance Act 2004 (as amended by paragraph (4)) has effect with the omission of paragraph (g).
(14) The amendments made by paragraphs (8) to (10) have effect in relation to pension schemes whenever registered (including schemes registered by virtue of paragraph 1 of Schedule 36 to the Finance Act 2004 (deemed registration of existing schemes)).
And it is declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.