Will Glover

This Practice Note explains common themes in a criminal investigation by the Pensions Regulator (TPR), such as the duty to self-report breaches of pensions law (whistleblowing), the TPR’s powers to collect evidence, and internal investigations.

This Practice Note explains the process of debarment for bribery convictions in the context of public procurement under the Public Contracts Regulations 2015, highlighting where the power to debar comes from and when it applies to offences under the Bribery Act 2010.

This Practice Note summarises the criminal offences for which The Pensions Regulator (TPR) is the primary enforcement authority including offences created under the Pensions Schemes Act 2021 (PSA 2021). It considers the key offences TPR will prosecute and for each of these offences explains the elements of offences, key definitions, any available statutory defences, mode of trial and sentencing. It also offers practical insight into issues such as the selection of charges.

The Practice Note examines in detail the powers of the Pension Regulator (TPR) to conduct investigations into criminal offences, and to overlap and coordinate with other regulators. It examines TPR’s investigation and enforcement powers and practical issues to consider. It describes the main objectives of TPR to provide context to the powers to take regulatory and enforcement action, action against avoidance and to gather information. It explains how the Pensions Schemes Act 2021 (PSA 2021) has extended these powers including creating offences to punish wilful and reckless behaviour and by giving TPR the power to impose fixed and escalating civil penalties (as alternatives to criminal sanctions) for non-compliance.

This is a checklist of offences for which a company may be debarred from tendering for public contracts under the Public Contracts Regulations 2015.