Regulator prosecutes for failure to hand over financial information

25 April 2018

The Pensions Regulator (TPR) is to prosecute Samuel Smith Old Brewery (Tadcaster) and company chairman Humphrey Smith for failing to provide information and documents required for an ongoing TPR investigation.

TPR sought details of the company’s finances in order to understand the funding position of some of the brewery’s pension schemes.

The company failed to comply with a notice issued under section 72 of the Pensions Act 2004 on 12 January 2018, requiring the information and documents to be provided by 26 January 2018.

The company and Humphrey Smith have been summonsed to appear at Brighton Magistrates’ Court on Tuesday, 15 May 2018. They will each face a charge of neglecting or refusing to provide information and documents, without a reasonable excuse, when required to do so under section 72 of the Pensions Act 2004, contrary to section 77(1) of that Act. Humphrey Smith is charged on the basis that the offence by the company was committed with his consent or connivance or by his neglect.