DLA partner in dock over pension scheme investigation

A partner at top-ten law firm DLA is facing criminal prosecution by the Occupational Pensions Regulatory Authority (OPRA) for failing to respond to requests for information on a pension scheme.The prosecution, which is due to take place in Leeds Magistrates Court later this month, could leave pensions partner Margaret Cox facing a fine of up to 5,000.

It is the first time OPRA has sought to prosecute a lawyer under s.98 of the Pensions Act 1995, which requires them to produce information requested.

OPRA has also reported Ms Cox to the Office for the Supervision of Solicitors.

Ms Cox declined to comment.According to a report in its bulletin, OPRA contacted Ms Cox on six occasions in an attempt to obtain documents relating to a final salary scheme which was in liquidation.

Ms Cox was acting as the sole corporate independent trustee after the principal employer went into liquidation.Ms Cox also failed to respond to a s.98 notice served by OPRA and, when interviewed, blamed lack of funds in the scheme, the report said.OPRA spokesman Nick Edmans said the organisation had no choice but to prosecute when a professional involved in the running of a pension scheme failed to respond to repeated requests for information.

He added that a failure to provide information cannot be tolerated as it obstructs OPRA in the conduct of its responsibilities.

Sue Allen