On December 7, 2023, the Regulator published the text of a speech recently given by its chief executive, Nausicaa Delfas, to the UK Finance Corporate Finance Committee dinner.
Ms Delfas highlighted that the Regulator's anti-avoidance powers have been enhanced through the new criminal sanctions enacted under the Pension Schemes Act 2021. In relation to industry concerns about the scope of the criminal sanctions, she referred to the Regulator's published policy on their use, which she said means that the Regulator will only consider using them "in the most egregious cases".
Overall, Ms Delfas outlined three "takeaways" for corporates engaged in M&A activity.
- Providing trustees with direct access to the bidder at the earliest opportunity.
- Ensuring M&A activity is backed with a "well-thought-out business plan which considers the scheme's long-term funding objectives and how they will ensure the scheme stays protected".
- Adhering to agreed mitigation arrangements. If these are watered down after the deal has taken place, the Regulator will consider the use of its powers again if necessary.
Ms Delfas noted the government's intention to extend the notifiable events regime to include a new requirement for a declaration of intent to be submitted to the Regulator and trustees. The government will apparently bring forward the long-awaited final regulations "in due course".
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