Partner Rosalind Connor comments in Professional Pensions and Pensions Age on the Regulator’s retrospective use of its new criminal powers
Lane Clark & Peacock has warned that The Pensions Regulator’s recent consultation on how it will use its new powers is creating confusion over whether the powers could be applied retrospectively, despite previous assurances that TPR’s powers would not be retrospective.
Rosalind Connor agreed that questions around retrospectivity were continuing to cause concern. She further commented:
“When the idea of a new criminal offence was first mooted, ministers seemed to imply that it might cover acts and omissions from the date of the white paper, but as recently as January, ministers were quite clear that the new powers would not apply retrospectively.”
“In practical terms, TPR is suggesting that what has already happened may be a driving force for the use of its powers.” This could be “considered retrospectivity by another name.”
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