We don't intend to prosecute behaviour which we consider to be ordinary commercial activity". The regulator itself has said in its criminal offences policy, from September of this year, that although the offences are broad in scope, now this next section is a direct quote, "the vast majority of people do not need to be concerned. But is there a material risk of extra liability for trustees who are trying to do the right thing, taking advice? We wouldn't think so. Trustees absolutely need to be alive to the new powers, and how they impact decisions they make with their employers. In today's podcast we'll be discussing the interaction between pensions and charity law.īut first the regulator's new powers have been enforced for just over a month now, and we've certainly seen trustees considering them and taking them very seriously and I, and I know others in our team as well, we've been asked whether the risk of criminal sanctions and these new regulatory powers, is that all something, Helen, that trustees really need to be worried about? I mean one trustee in a trustee meeting recently asked me, is it worth being a trustee anymore? Is it worth the risk? Helen Cracknell, Solicitor, Burges SalmonĪnd I'm Helen Cracknell a solicitor in the Pensions team. So if either of those sound of interest be sure to look at our website. The episode before that we looked at initial trustee responses to the Pension Schemes Act. Last time we looked at the Pension Schemes Act 2021, and its impact on corporate transactions and particularly on the notifiable events regime. I'm Chris Brown, a director in the Pensions team. Hello and welcome to episode three of the Burges Salmon Pensions Pod, our fortnightly podcast on pensions news, insights from our practice and tips and tricks for trustees and employers.