Pensions Bill

My Lords, I am extremely grateful to Ministers in the department for thinking through the proposal that the relevant notice should be suspended while the regulator makes his review. I am very pleased by that. I do not know whether the noble Lord, Lord Tunnicliffe, or the noble Lord, Lord McKenzie, will move Amendment No. 40. It strikes me that since the amendments are so similar it would have been appropriate to group them, but grouping of government amendments is in the hands of the Government. I am in the hands of the House; I am happy to speak to the next amendment now while I am on my feet if that is for the convenience of the House. The noble Lord, Lord Tunnicliffe, has moved Amendment No. 39 to the effect that when a notice, which may be any of the types mentioned in Clause 42(2), is under review, the effect of the notice is suspended for the duration of that review. That is common sense and I have just commended him for it. I am glad, too, that the change is to extend to the appeals to the Pensions Regulator Tribunal. However, I see a slight problem, especially when an escalating fine is at issue. Under the 2004 Act, the appellant has 28 days to appeal the regulator’s judgment to the Pensions Regulator Tribunal. Therefore, there is at least one block of time when the notice is suspended. However, under Section 10 of the 2004 Act, the appellant has 28 days to appeal to the PRT, so there appears to be a lacuna between the two appeals, during which the fine is presumably reinstated. Is that the Government’s intention? If so, is it the case that if the appeal to the PRT is successful, the fine, which may amount to £28,000 if it is an escalating fine, is repaid to the appellant? What is the intention? Most important, does the Bill accommodate that intention?