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COMMONS AMENDMENTS
172Clause 88, page 56, line 2, after '26(3)' insert 'or (4)'.
173Page 56, line 30, leave out subsection (7).
174Clause 93, page 59, line 38, after 'who' insert 'without reasonable excuse'.
175Clause 94, page 60, line 32, at end insert:
'( ) Where a person claims a lien on a document, its production under section 90 or 91 shall be without prejudice to the lien.'
176Clause 99, page 62, line 13, at end insert:


'The Lord Advocate. Functions under Part I of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.'.

177Page 63, line 48, leave out 'is permitted in the case of ' and insert 'may be made to'.
178Clause 100, page 64, line 14, at end insert 'or any proceedings for breach of trust in relation to an occupational pension scheme'.
179Page 64, line 36, at end insert:
'(3A) Section 96 does not preclude the disclosure by any person mentioned in subsection (1) or (3) of information obtained by the person by virtue of that subsection, if the disclosure is made with the consent of the Authority.
(3B) Section 96 does not preclude the disclosure by any person specified in the first column of the Table in section 99 of information obtained by the person by virtue of that subsection, if the disclosure is made—
(a) with the consent of the Authority, and
(b) for the purpose of enabling or assisting the person to discharge any functions specified in relation to him in the second column of the Table.
(3C) The Authority must, before deciding whether to give their consent to such a disclosure as is mentioned in subsection (3A) or (3B), take account of any representations made to them by the person seeking to make the disclosure as to the desirability of the disclosure or the necessity for it.'.
180Clause 101, page 64, line 43, leave out 'Section 182 of the Finance Act 1989 does not preclude' and insert 'No obligation as to secrecy imposed by section 182 of the Finance Act 1989 or otherwise shall prevent'.
181Clause 106, page 66, line 44, at end insert:
'( ) In the case of any such information as is mentioned

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in subsection (2), subsection (3) does not authorise any disclosure of that information by the Compensation Board unless made—
(a) to, or in accordance with authority duly given by, the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, or
(b) with a view to the institution of, or otherwise for the purposes of, criminal proceedings under this Act or the Pension Schemes Act 1993, or any enactment in force in Northern Ireland corresponding to either of them.'.
182Page 67, line 10, at end insert:
'( ) a recognised professional body (within the meaning of section 391 of the Insolvency Act 1986)'.

Lord Mackay of Ardbrecknish: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 172 to 182 en bloc. I have already spoken to them in an earlier debate.

Moved, That the House do agree with the Commons in their Amendments Nos. 172 to 182.—(Lord Mackay of Ardbrecknish.)

On Question, Motion agreed to.


COMMONS AMENDMENTS
183Clause 106, page 67, line 18, leave out subsection (7).
184Clause 110, page 68, line 19, leave out from 'modify' to 'in' in line 20 and insert 'any provisions of this Part'.
185After Clause 112, insert the following clause:—

Crown application

'.—(1) This Part applies to an occupational pension scheme managed by or on behalf of the Crown as it applies to other occupational pension schemes; and, accordingly, references in this Part to a person in his capacity as a trustee or manager of an occupational pension scheme include the Crown, or a person acting on behalf of the Crown, in that capacity.
(2) References in this Part to a person in his capacity as employer in relation to an occupational pension scheme include the Crown, or a person acting on behalf of the Crown, in that capacity.
(3) This section does not apply to any provision made by or under this Part under which a person may be prosecuted for an offence; but such a provision applies to persons in the public service of the Crown as it applies to other persons.
( ) This section does not apply to sections 37 to 40 and (Right not to suffer detriment in employment or be unfairly dismissed).
(4) Nothing in this Part applies to Her Majesty in Her private capacity (within the meaning of the Crown Proceedings Act 1947).'.
186Clause 115, page 69, leave out lines 21 to 24.

Lord Mackay of Ardbrecknish: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 183 to 186 en bloc. I wish to speak also to Amendments Nos. 188 to 195, 197, 204, 268, 269, 274 to 277, 280, 281, 283, 319, 322, 329, 403 and 404.

This is a group of amendments which I can only call miscellaneous. Unkindly, your Lordships may think that they are a bit of a ragbag collection, but they are tidying up and other amendments to ensure that the Bill will work. I shall deal with one or two of the more important ones and I am happy to answer questions about any of the others.

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Amendment No. 184 extends the power to modify certain provisions to cover the whole of Part I of the Bill. The reason is so that we can modify the provisions to make it possible for industry-wide schemes to meet them. We discussed industry-wide schemes in previous stages of the Bill.

We always intended to ensure that industry-wide schemes should be able to continue with arrangements which are perfectly sound and sensible. But the schemes have differences that need to be catered for in secondary legislation. It has now become clear that the powers in Clause 110 do not go far enough. One particular problem arises because of features in certain types of scheme, such as the electricity supply pension scheme and the Railways Pension Trustee Company Limited. Because of these features, the existing regulation-making powers would not be sufficient to make the necessary modifications, and the amendment will allow us to achieve what was always our intention.

Amendments Nos. 183, 274 and 275 ensure that there is a definition of the word "enactment" which can apply throughout the Bill. We have a specific definition for the purposes of Clause 106, but no general definition. Amendment No. 183 removes the definition from Clause 106, and the other two amendments insert a general definition at Clause 157.

Amendment No. 269 removes Clause 154 because its purpose is the same as the new clause inserted by Amendment No. 185. This is designed to ensure that the relevant provisions in Part I of the Bill apply in the same way to public service schemes as they do to private sector schemes. Those running public service schemes will be required to comply with the obligations of Part I which are appropriate to these schemes. They will be liable to sanction by OPRA if they fail to do so.

Amendments Nos. 186, 188, 189 and 191 to 195 clarify a number of definitions of terms used in Part I of the Bill. The most significant of these is the definition of "accrued rights". This matter was raised by my noble friend Lord Buckinghamshire. We acknowledged how important it was to make sure that we had a proper definition of accrued rights. We consulted various pension organisations and we now believe that we have what we need. These amendments provide it.

Amendment No. 268 inserts a new clause to enable public service pension schemes to recover any additional administrative costs that they incur from investment firms as a result of the mis-selling of personal pensions. This will put public service schemes in a comparable position to private sector schemes. We believe that this provision is necessary to ensure that occupational pension schemes run for civil servants, teachers, the NHS and local government employees should be able to recover the costs so that they do not fall on scheme members or taxpayers. I beg to move.

Moved, That the House do agree with the Commons in their Amendments Nos. 183 to 186.—(Lord Mackay of Ardbrecknish.)

On Question, Motion agreed to.

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COMMONS AMENDMENTS


187Clause 115, page 69, line 27, leave out 'a trust' and insert 'an occupational pension'.
188Page 69, line 35, leave out from 'person' to 'who' in line 39 and insert '(other than an active or pensioner member)'.
189Page 70, leave out lines 7 to 15.
190Page 70, line 21, at end insert:
' "member-nominated director" has the meaning given by section (Corporate trustees: member-nominated directors) (2)'.
191 Page 70, line 31, leave out 'service' and insert 'employment'.
192Page 70, line 33, leave out 'long service benefit' and insert 'pension or other benefits'.
193Page 70, line 36, leave out from 'scheme' to end of line 37 and insert 'or by reason of transfer credits, is entitled to the present payment of pension or other benefits'.
194Page 71, line 5, leave out from 'to' to 'under' in line 7 and insert 'a member'.
195Page 71, line 18, leave out subsection (2) and insert:
'( ) For the purposes of this Part—
(a) the accrued rights of a member of an occupational pension scheme at any time are the rights which have accrued to or in respect of him at that time to future benefits under the scheme, and
(b) at any time when the pensionable service of a member of an occupational pension scheme is continuing, his accrued rights are to be determined as if he had opted, immediately before that time, to terminate that service;
and references to accrued pension or accrued benefits are to be interpreted accordingly.'.

Lord Mackay of Ardbrecknish: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 187 to 195 en bloc. I spoke to these amendments in earlier debates. I beg to move.

Moved, That the House do agree with the Commons in their Amendments Nos. 187 to 195 en bloc.—(Lord Mackay of Ardbrecknish.)

On Question, Motion agreed to.


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