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AI Summary of 3. Offences.

This legislative framework outlines the penalties for various contraventions concerning trustees, employers, and financial service providers, establishing that non-compliance constitutes an offence. Offences include failing to meet obligations set forth by the Act or the Financial Services and Pensions Ombudsman, with provisions for defence available under specific circumstances.

The Act further stipulates robust protections for employees dismissed in relation to good faith disclosures, empowering the courts to reinstate or provide compensation. Notably, corporate liability extends to individuals in decision-making roles when offences stem from negligence or consent.

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 22 April 2021 - onwards
Version 13 of 13

3. Offences.

(1)

(a) Where -

(i) a trustee in his capacity as trustee,

(ii) an employer,

(iii) a PRSA provider,

(iv) an actuary or auditor of a scheme or a PRSA or an auditor of a trust RAC in his capacity as such actuary or auditor,

(v) a person who is required under regulations made under section 5A to carry out any of the duties imposed upon trustees by this Act or by any regulations thereunder, in his capacity as such a person,

(vi) a registered administrator, or

(vii) any other person,

contravenes a provision of this Act or a regulation thereunder, he shall be guilty of an offence.