Laurencekirk Medical Practice v The Pensions Regulator

Facts

The appellant, Laurencekirk Medical Practice, was required to complete a re-declaration of compliance in connection with its automatic enrolment obligations, and accepted that it had not done so by the deadline of 31 December 2025. The Pensions Regulator then issued a Compliance Notice, which the Practice says did not come to the attention of those responsible for regulatory compliance before the deadline. On 23 March 2026 the Regulator issued a Fixed Penalty Notice under section 40 of the Pensions Act 2008. The notice explained how to apply for a review and stated that any application had to be made within 28 days of issue. The Practice completed the re-declaration on 24 March 2026, saying it did so as soon as it became aware of the matter. It did not apply for a review within the 28 days; its review request was made on 24 April 2026, after further correspondence dated 22 April 2026. The Regulator declined to review because the request was out of time, and also declined to review of its own initiative under section 43(1)(b) of the Pensions Act 2008. The Practice referred the matter to the First-tier Tribunal (General Regulatory Chamber). The Regulator applied to strike out the reference under rule 8(2)(a) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 for want of jurisdiction. The Practice opposed the application and asked for a hearing. The application was decided without a hearing.