Skip to main content

On this page

Our powers

Our powers fall into three categories:

  • gathering information
  • regulatory and enforcement action
  • acting against avoidance

Gathering information

We gather information from a number of sources to help us identify and monitor risks. These include:

  • employers’ declarations that they comply with their workplace pension duties
  • scheme returns
  • reports about breaches of the law – known as ‘whistleblowing reports’
  • funding documents from defined benefit (DB) schemes, such as recovery plans
  • notifiable event reports
  • research and analysis work

Where the law allows, we share information with other public bodies. This includes the Pension Protection Fund, HM Revenue & Customs, the Financial Conduct Authority and the Department for Work and Pensions.

We use the information we gather to find and look into potential problems.

Regulatory and enforcement action

We can choose from a range of options if we need to take regulatory and enforcement action. These include:

  • issuing notices that require individuals, companies or third parties to take specific action within a certain time
  • recovering late or missing payments from an employer on behalf of a scheme
  • issuing a freezing order where a scheme plans to wind up so that we can look into any concerns and encourage negotiations
  • banning trustees who we don’t consider fit and proper for the role
  • issuing fines for breaches of the law
  • prosecuting certain offences in the criminal courts

Acting against avoidance

We have powers to act where an employer with a DB scheme tries to avoid their pension obligations. For more information, read about our anti-avoidance powers.

Risk-based approach

We take a risk-based approach to regulating. We judge risks by:

  • the threat they pose
  • the extent that we can mitigate them
  • our risk appetite

By gathering and analysing information, we can monitor risks and emerging trends. Where appropriate, we step in to prevent these from crystallising or to minimise their effect.

We will not intervene in all situations. We prioritise by risk, cost and potential benefits so that we take targeted and proportionate action. This takes into account our responsibilities and priorities.

We share information on risks of mutual interest with other public bodies.

We measure how we’re doing using key performance indicators set out each year in our corporate plan. We regularly review our approach to risk and make changes when we need to.

Educate, enable, enforce

When we need to step in, we decide whether it’s best to take action to educate, enable or enforce. We take into account the Regulators’ Code and the principles of good regulation.

Educate and enable

We provide support in the form of guidance and tools on our website. These help people to understand and fulfil their duties.

The materials and services we provide include:

Anyone can sign up to news-by-email so that they keep up to date with what they need to do.

We work closely with other public bodies so that we co-ordinate our approach to education and guidance.

We also work with employers, providers and trustees to resolve issues. This includes taking steps to identify problems at an early stage and enabling those we regulate to find solutions.

Enforcement

We have a number of enforcement options available to us. We act fairly and proportionately when we use our powers. We aim to carry out regulatory and enforcement action in an efficient and timely manner.

When we take enforcement action our staff and the Determinations Panel follow certain case procedures.

For more information on how we regulate and enforce, read our strategies and policies.

Engaging with others and being transparent

We engage with a range of stakeholders. These include:

  • employers
  • pension providers and advisers, such as actuaries
  • trustees
  • legal professionals
  • consumer and member organisations

We aim to have an effective dialogue with these people. We value their views and feedback.

We engage with them through different channels including:

  • stakeholder advisory panels
  • annual stakeholder conferences
  • annual customer satisfaction surveys
  • other formal and informal discussions on our regulatory approach and policy

When carrying out consultations, we take account of the government consultation principles available on GOV.UK.

We are committed to being open and transparent in our activities. For details of what information we publish and how to ask us for other information, go to freedom of information (FOI).

We publish details on how we have performed each year in our annual report and accounts.

To provide feedback on our policies, guidance and approach, you can contact us.

Related content

home.how_we_regulate_and_enforce.regulatory_activity.page