Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Contribution notice definition

What does Contribution notice mean? A contribution notice is a demand by The pensions regulator (TPR) requiring an employer, or a connected/associated third party, to pay a specified sum to a defined benefit pension scheme. It is a statutory anti-avoidance power under sections 38–42 of the Pensions Act 2004 (as amended, including by the Pension Schemes Act 2021). TPR may issue a contribution notice if, in its opinion, the person was party to an act or deliberate failure to act and: - the main purpose, or one of the main purposes, was to prevent recovery of all or part of a section 75 employer...

FSDs and Contribution Notices in insolvency: Nortel/Lehman confirms provable debts, not administration expenses; priority, provability and moratorium implications (England and Wales)

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

Summary

This Practice Note outlines the position of Financial Support Directions (FSDs) under the Pensions Act 2004 (PA 2004), with a particular focus on how FSD liabilities rank in Insolvency, as clarified by the Supreme Court in Nortel/Lehman. The ruling offers key guidance on:

the Priority of FSD liabilities on an insolvency
the correct interpretation of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 14.1 (previously the Insolvency Rules 1986 (IR 1986), SI 1986/1925, r 13.12(1)(b)), which defines contingent debts provable in an insolvency
the character of insolvency expenses
the extent, if any, of the court’s residual discretion to order payments outside the statutory distribution regime

The decision also addressed the treatment of contribution notices issued under PA 2004, s 47 (section 47 CNs), which serve to enforce compliance with FSDs...

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Thomas Robinson , KC

Wilberforce Chambers

Thomas Robinson has a strong commercial / chancery practice with particular emphasis on pensions, insolvency and commercial litigation (including IT matters). He has been recommended as a leading junior by The Legal 500 and Chambers UK for several years. Recent pensions & insolvency cases include the Re Nortel/Lehman litigation, up to and including the Supreme Court, Re Storm Funding, and other cases brought by the Pensions Regulator such as MG Rover, Bonas and Carrington Wire.He has been nominated as 'Insolvency / Restructuring Junior of the Year' at the Chambers UK Bar Awards and was 'highly commended' in Legal Week's 'Stars at the Bar'.Thomas has been recommended in the legal directories for a number of years. Recent entries include: 'He is brilliant and he grows in strength all the time.' (Pensions, Chambers & Partners 2016); 'He's shown himself to be very bright ' he can pick up any...

Web page updated on 21/05/2026

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