The government has made regulations which bring into force the Pension Regulator’s (the Regulator) retrospective new power to issue Contribution Notices (CNs) under the “material detriment” test.
Additional regulations have also been made which bring into force the accompanying code of practice on the new "material detriment" test. This code sets out the circumstances where the Regulator may consider issuing a CN under this new "material detriment” test.
The Regulator’s new power and code of practice come into force on 29 June 2009 (although the new power is retrospective from April 2008).
The code has not changed from the draft issued by the Regulator in May 2009. For further information on the code of practice and its content see EPB bulletin 11 May 2009.
For background on the Regulator's new powers see EPB briefing 177: Proposed changes to the Pensions Regulator’s powers to issue contribution notices and financial support directions - November 2008.