TPR to prosecute Dominic Chappell for withholding documents during BHS investigation

BHS

The Pensions Regulator (TPR) is to prosecute Dominic Chappell, the former director and majority shareholder at Retail Acquisitions, for failing to provide requested information and documents to aid the investigation into the sale of BHS.

TPR is to prosecute Chappell for failing to comply with three notices that were issued under Section 72 of the Pensions Act 2004 on 26 April 2016, 13 May 2016, and 20 February 2017. These notices required Chappell to provide TPR with information and documents that were relevant to its investigation. Failure to comply with these notices is a criminal offence, which can result in an unlimited fine. If an employer fails to comply with a TPR notice, it can face additional action from its related professional body.

Chappell was the director and majority shareholder at Retail Acquisitions when the organisation purchased retail business BHS in March 2015. Retail Acquisitions went into administration in April 2015.

Chappell has been summoned to appear at Brighton Magistrates’ Court on 20 September 2017 in order to face three charges of neglecting or refusing to provide information and documents, without a reasonable excuse, when required to do so under the Pensions Act 2004.

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Chappell previously faced TPR enforcement action in November 2016 after the regulator issued him and Retail Acquisitions with a warning notice to explain why these parties should be liable to support the BHS pension scheme. Sir Philip Green and Taveta Investments were also sent warning notices as part of this action, which commenced after TPR conducted an anti-avoidance investigation in March 2015.

At the time of publication, Chappell was unavailable for comment.