Part 3: The Pensions Regulator Contribution notices where avoidance of employer debt etc Section 103: Grounds for issuing a section 38 contribution notice
This section amends section 38 of the Pensions Act 2004 to include two new tests to enable the Pensions Regulator to issue section 38 contribution notices – the "employer insolvency test" and the "employer resources test" and their respective statutory defences.
	Subsection (3) of the section inserts new sections 38C and 38D into the Pensions Act 2004 to provide the meaning of the "employer insolvency test" and the corresponding defence.
	Subsection (4) of the section inserts new sections 38E and 38F into the Pensions Act 2004 to provide the meaning of the "employer resources test" and the corresponding defence.