Part 3: The Pensions Regulator Collecting information Section 109: Duty to give notices and statements to the Regulator in respect of certain events
This section inserts a new section 69A into the Pensions Act 2004 which imposes a duty on employers and other prescribed persons to notify the Regulator about certain events relating to the sponsoring employer of a Defined Benefit occupational pension scheme.
	Subsection (1)(a) of the new section 69A requires an appropriate person unless the Regulator has directed otherwise, to provide a notice to the Regulator in circumstances to be prescribed by regulations.
	Subsection (1)(b) of new section 69A requires persons responsible for making a notice to report any material change to the intended event, or the effect of it, to the Regulator.
	Subsection (1)(c) requires that, unless the Regulator has directed otherwise, in cases where a notice has been provided, the appropriate person must notify the Regulator if the event is not going to take place or does not take place.
	Subsection (2) provides for "notifiable event" to be defined in regulations that will describe the nature of the events that may be required to be reported.
	Subsection (3) defines who is an appropriate person in relation to the requirement to notify the Regulator which includes the employer in relation to the scheme, a person connected with the employer and an associate of the employer, for example the parent of the employer. Subsection (3)(d) provides that this duty will also fall on other persons as prescribed in regulations.
	Subsection (4) provides for the new term "material change" to be defined in regulations that will describe the nature of changes to certain events relating to the sponsoring employer of a Defined Benefit occupational pension scheme that may be required to be reported.
	Subsections (5)(a) and (b) specify that the notice of the notifiable event and any notifiable change must be given as soon as reasonably practicable after the person making it has become aware of the event or a material change to it.
	Subsection (5)(c) requires that a notice about an event that is not going to, or did not, take place must be made as soon as reasonably practicable after the person required to send the notice becomes aware.
	Subsection (6) sets out that regulations may provide for an earlier notification of a notifiable event or a material change to a notifiable event.
	Subsection (7) specifies any notice of a notifiable event or a material change to a notifiable event must be accompanied by a statement.
	Subsection (8) provides a power to make regulations setting out what information is to be included in the accompanying statement.
	Subsection (9) illustrates the type of information that may be required in the statement made under the power at subsection (8). This includes how any detriment to the pension scheme resulting from the event is to be mitigated, and a description of any communication with the trustees or managers of the scheme about the event in question.
	Subsection (10) provides that where a person is required to send a notice and accompanying statement to the Regulator, the person must also give a copy of that notice and any accompanying statement to the trustees or managers of the eligible pension scheme.
	Subsection (11) specify that notices must be in writing and any accompanying statement must be in writing.
	Subsection (12) provides that anyone who makes a notification and statement under this section is protected in the event that making such a notice and statements would otherwise contravene any other duty imposed on that person. For example, a confidentiality section in an employment contract.
	Subsection (13) applies the new financial penalty at section 88A of the Pensions Act 2004 for failures to comply with the obligations imposed by this section.
	Subsection (14) defines connected persons for the purpose of those who may be required to provide a notice and accompanying statement to have the meaning given in section 249 of the Insolvency Act 1986. This subsection also defines associated persons for the purpose of those who may be required to provide a notice and accompanying statement to have the meaning given in section 435 of the Insolvency Act 1986 and section 229 of the Bankruptcy (Scotland) Act 2016.
	Subsection (15) of the new section 69A provides that an "eligible scheme" under this section has the same meaning as under section 126 of the Pensions Act 2004. That is an occupational pension scheme which is eligible to be taken over by the Board of the Pension Protection Fund. This subsection also provides that "event" under this section includes a failure to act.
	Subsection (3) of this section also amends section 80 of the Pensions Act 2004 to provide that it is an offence to knowingly or recklessly give the Regulator false or misleading information in a notice given under this section or the accompanying statement.