FOI reference - FOI-359
Date - 10 April 2025
Request
Please can you provide me with all the records you hold regarding the Pension Plan violation made by Pioneer Hi-Bred Northern Europe GMBH Pension Plan M80238 dated December 2017 that resulted in a fine of £502.00.
Please include the Chair Statement associated with the fine.
I am an active member of this pension scheme.
Response
Information we are not able to supply
Section 44(1)(a) – restricted information under s82 PA04
As we have been given strong powers to demand documents and other information from trustees, employers and others, those powers are also balanced by restrictions on how we disclose the information provided to us. The type of information you have requested would be ‘restricted information’. Restricted information is defined at section 82(4) of the Pensions Act 2004 (PA04) as:
‘…information obtained by the Regulator in the exercise of its functions which relates to the business or other affairs of any person’.
Under section 82(5) of the PA04 it is a criminal offence to disclose such information except as permitted under that Act.
Whilst the FoIA is based on the presumption of releasing information, section 44(1)(a) of the FoIA provides an absolute exemption to the requirement to disclose any information if its disclosure is prohibited by or under any enactment. In this case, section 82 of the PA04 prohibits disclosure and we are unable to disclose the requested information. This exemption is absolute and does not require a public interest assessment be undertaken.
Duty to provide further assistance
If you have not already done so, we would suggest you request this information directly from the scheme.
Additionally, please refer to the link below regarding historic penalty notices previously published by The Pensions Regulator, which includes Chair's statement fines – failing to produce.