S.I. No. 633/2007 - Pensions Act (Notice of Alleged offence) Regulations 2007

1. (1) These Regulations may be cited as the Pensions Act (Notice of Alleged Offence) Regulations 2007.

(2) These Regulations come into operation on 17 September 2007.

Definitions

2. In these Regulations—

“the Act” means the

Pensions Act 1990

(No. 25 of 1990);

“notice” means a notice in writing issued by the Board under section 3A(1) of the Act;

Notice of Alleged Offence

3. The notice for the purposes of section 3A of the Act shall be in the form set out in the Schedule to these Regulations.

Fines

4. €2,000 shall be the prescribed amount for the purposes of section 3A(1)(

b

)(ii) of the Act.

Article 3

SCHEDULE Notice in relation to an alleged offence

To

Address

Scheme: (the “Scheme”)

Pensions Board Number

Date

This notice is being issued to you in accordance with the powers conferred on the Pensions Board by section 3A (inserted by

section 39

of the

Social Welfare Law Reform and Pensions Act 2006

) of the

Pensions Act 1990

.

The Pensions Board has reasonable grounds to allege that you have committed an offence under section of the

Pensions Act 1990

.

The details of the alleged offence are as follows

A prosecution in respect of the alleged offence will not be instituted during the period of 21 days beginning on the date of this notice.

If during this period you

(

a

) pay to the Pensions Board the sum of €2,000 (two thousand euro) accompanied by this notice (which sum shall not be payable from the resources of the Scheme); and

(

b

) remedy as far as practicable to the satisfaction of the Pensions Board the default which constitutes the alleged offence (as described above);

a prosecution in respect of the alleged offence will not be instituted.

In order for the Pensions Board to consider whether the alleged offence has been remedied to its satisfaction you are required in responding to this notice to outline how you have remedied the default and to provide any relevant supporting documentation.

The sum payable shall be paid to:-

The Pensions Board

[insert address at which fine can be paid]

Signed

Compliance Officer

The Pensions Board

GIVEN under my Official Seal,

11 September 2007

MARTIN CULLEN

Minister for Social and Family Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

3A of the

Pensions Act 1990

provides an alternative to the prosecution of certain offences under the Act. The new section 3A, which takes effect from 17 September 2007, provides that the Pensions Board may notify a person in writing that it is alleged that an offence has been committed and that if, within 21 days of the notice, the person has remedied the offence to the satisfaction of the Pensions Board and paid the appropriate fine, the prosecution will not be instituted.

These Regulations provide for the form of the notice to be issued in respect of an alleged offence and that the amount of such a fine shall be €2,000. These Regulations also take effect from 17 September 2007.

S.I. No. 633 of 2007

PENSIONS ACT (NOTICE OF ALLEGED OFFENCE) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

14

th September

, 2007.

The Minister for Social and Family Affairs, in exercise of the powers conferred on him by section 3A and section 5 (both as amended by

section 37

of the

Social Welfare and Pensions Act 2007

(No. 8 of 2007)) of the

Pensions Act 1990

(No. 25 of 1990), hereby makes the following Regulations

Citation and Commencement