Update — 26 April 2024
Lee Bartholomew, former company director of 1066 Target Sports Ltd in St Leonards, East Sussex, appeared at Lewes Crown Court on Friday 26 April where he admitted a charge of withholding information legally required in an investigation.
Mr Bartholomew, 45, of Lockside, Tonbridge, Kent, entered a guilty plea to a charge under Section 77 (5) of the Pensions Act 2004, namely that he intentionally and without reasonable excuse suppressed any document which he is or is liable to be required to produce under section 72. The prosecution was brought by The Pensions Regulator.
Mr Bartholomew is due to be sentenced at Lewes Crown Court on 31 May 2024.
Following the guilty plea to the charge under s.77(5) Pensions Act 2004, TPR is no longer prosecuting Mr Bartholomew for pensions fraud under section 49 of the Pensions Act 1995 and can confirm that the trial that was originally due to begin on May 7 will not now proceed.
Update — 15 April 2024
The charge under Sections 72 and 77 of the Pensions Act 2004 will be dealt with at a separate magistrates court hearing on Monday 24 June 2024 at Brighton Magistrates Court.
Update — 9 June 2023
Mr Bartholomew appeared at Hove Trial Centre on Thursday 8 June 2023. He pleaded not guilty to a charge of pensions fraud under Section 49(8) and 49(11) of the Pensions Act 1995. A seven day trial was fixed for Tuesday 7 May 2024 at Lewes Crown Court.
Sports centre director pleads not guilty to allegation of pension fraud
Ref: PN23-14
Issued: Thursday 4 May 2023
The director of a target sports centre has denied fraudulently evading his pension duties.
Lee Bartholomew, 44, of Lockside, Tonbridge, Kent, company director of 1066 Target Sports Ltd in St Leonards, East Sussex, appeared at Brighton Magistrates Court today (Thursday 4 May 2023) in a prosecution brought by The Pensions Regulator (TPR).
He denied a charge of fraudulently deducting money from employees’ salaries as pensions contributions and not paying it into the company’s pension scheme within a prescribed period.
Employers who deduct pension contributions from employees are under a duty to pay those contributions to a pension scheme within a prescribed period under Section 49(8) of the Pensions Act 1995. Under Section 49(11), it is a criminal offence to fraudulently evade that duty.
Mr Bartholomew also pleaded not guilty to a charge of failure to provide information requested under Sections 72 and 77 of the Pensions Act 2004.
A plea and trial preparation hearing was fixed for 1 June 2023 at Lewes Crown Court.
Notes for editors
- Under Section 49(8) Pensions Act 1995, employers who deduct pension contributions from employees are under a duty to pay those contributions to a pension scheme within a prescribed period. As set out in Section 49(11) Pensions Act 1995, it is a criminal offence to fraudulently evade that duty.
- Under Section 72 of the Pensions Act 2004, TPR has the power to compel information from individuals and corporates by issuing a Section 72 notice. A failure to comply with a Section 72 notice without reasonable excuse is a summary offence under Section 77 of the Pensions Act 2004.
- The standard period for compliance with a Section 72 Notice is 14 days – but in this case, the period was extended to 28 days owing to Covid 19 restrictions in place at that time.
- TPR is the regulator of work-based pension schemes in the UK. Our statutory objectives are:
- to protect members’ benefits
- to reduce the risk of calls on the Pension Protection Fund
- to promote, and to improve understanding of, the good administration of work-based pension schemes
- to maximise employer compliance with automatic enrolment duties; and to minimise any adverse impact on the sustainable growth of an employer (in relation to the exercise of the regulator’s functions under Part 3 of the Pensions Act 2004 only)
