The Pensions Regulator (TPR) is prosecuting North Yorkshire-based Samuel Smith Old Brewery and its chairman for failing to provide information and documents.
The watchdog announced today (24 April) that it sought details of the company's finances, in order to understand the funding position of some of the brewer's pension schemes.
According to the regulator, the company failed to comply with a notice issued under Section 72 of the Pensions Act 2004 on 12 January 2018, requiring the information and documents to be provided by 26 January.
Samuel Smith Old Brewery and its chairman, Humphrey Smith, have been summoned to appear at Brighton Magistrates’ Court on 15 May.
They will each face a charge of neglecting or refusing to provide information and documents, without a reasonable excuse, with Mr Smith being charged on the basis that the offence by the company was committed with his consent or connivance or by his neglect, The Pensions Regulator said.
The regulator has the power, under section 72, to require pension schemes, employers and third parties to provide information and documents relevant to its functions.
Failure to provide such information without a reasonable excuse is a criminal offence, which can result in an unlimited fine.
The former owner of BHS, Dominic Chappell, was prosecuted by the regulator due to failing to respond to three section 72.
He was found guilty and has been ordered to pay more than £87,000 for failing to hand over information.
Chappell is appealing of the ruling, with a preliminary hearing set for 4 May at Lewes Crown Court.
maria.espadinha@ft.com
