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297Schedule 2, page 110, leave out lines 21 and 22.
298Page 110, line 26, leave out 'with the approval of the Treasury'.
299Page 110, line 30, leave out 'with the approval of the Treasury'.
300Page 110, line 32, leave out 'with the approval of the Treasury'.
301Page 110, line 37, at end insert:
'The Ombudsman
. In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), there is inserted at the appropriate place—
"The Pensions Compensation Board".'
302Page 110, line 39, leave out 'Treasury' and insert 'Secretary of State'.
303Page 110, line 42, leave out 'Treasury' and insert 'Secretary of State'.
304Page 111, line 2, at end insert:

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'The Superannuation Act 1972 (c. 11)
.—(1) Employment with the Compensation Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted—
"The Pensions Compensation Board".
(2) The Compensation Board must pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable out of money provided by Parliament under the Superannuation Act 1972.'.
305Page 111, line 26, at end insert:
'.—(1) Where the Compensation Board notify any person of a decision on any matter dealt with by them by means of a formal hearing, or on review, they shall furnish a written statement of the reasons for the decision.
(2) Any statement by the Compensation Board of their reasons for a decision, whether the statement is given by them in pursuance of this paragraph or otherwise, shall be taken to form part of the decision, and accordingly to be incorporated in the record.'.
306Page 112, line 23, leave out 'Treasury' and insert 'Secretary of State'
307Page 112, line 25, at beginning insert '(1)'.
308Page 112, line 27, at end insert:
'(2) Sub-paragraph (1) above does not apply in relation to any document which is or is to be signed in accordance with the law of Scotland.'.
309Schedule 3, page 112, line 38, leave out 'and 38' and insert & 38 and (Right not to suffer detriment in employment or be unfairly dismissed)'.
310Page 112, line 39, at end insert:
'. In section 71(2B) (compensation award for failure to comply with section 69 not to be made), at the end there is added "of this Act or section (Right not to suffer detriment in employment or be unfairly dismissed) of the Pensions Act 1995."
. In section 72(3) (special award), at the end there is added "of this Act or section (Right not to suffer detriment in employment or be unfairly dismissed) of the Pensions Act 1995."
. In section 73(6B) (calculation of basic award), at the end there is added "of this Act or section (Right not to suffer detriment in employment or be unfairly dismissed) of the Pensions Act 1995."
. In section 77(1) (interim relief), after "57A (1) (a) and (b)" there is inserted "of this Act or section (Right not to suffer detriment in employment or be unfairly dismissed) of the Pensions Act 1995".
. In section 77A(1) (procedure on application for interim relief), after "57A (1) (a) and (b)" there is inserted "of this Act or section (Right not to suffer detriment in employment or be unfairly dismissed) of the Pensions Act 1995".'
311Page 112, line 43, leave out 'or 38' and insert & 38 or (Right not to suffer detriment in employment or be unfairly dismissed)'.
312Page 113, line 3, at end insert:
'. In section 138 (Application of Act to Crown employment), in subsection (1), after "and section 53" there is inserted "of this Act and sections 37 to 40 and (Right not to suffer detriment in employment or be unfairly dismissed) of the Pensions Act 1995." '.
313Page 113, line 30, at end insert:

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'The Bankruptcy (Scotland) Act 1985 (c. 66)
. In section 31(1) of the Bankruptcy (Scotland) Act 1985 (vesting in permanent trustee of debtor's estate on sequestration), after "Act" there is inserted "and section 84(2B) of the Pensions Act 1995".
. In section 32 of that Act (vesting of estate, and dealings of debtor, after sequestration), after subsection (2) there shall be inserted—
"(2A) The amount allowed for the purposes specified in paragraphs (a) and (b) of subsection (2) above shall not be less than the total amount of any income received by the debtor—
(a) by way of guaranteed minimum pension; and
(b) in respect of his protected rights as a member of a pension scheme,
"guaranteed minimum pension" and "protected rights" having the same meanings as in the Pension Schemes Act 1993.".'.


314Page 113, line 32, after 'orders)' insert:
'(a) in subsection (2), after "income of the bankrupt" there is inserted "when taken together with any payments to which subsection (8) applies", and
(b)''.
315Page 113, line 34, leave out from second 'any' to end of line 40 and insert 'payment to which subsection (8) applies.
(8) This subsection applies to—
(a) payments by way of guaranteed minimum pension; and
(b) payments giving effect to the bankrupt's protected rights as a member of a pension scheme.
(9) In this section, "guaranteed minimum pension" and "protected rights" have the same meaning as in the Pension Schemes Act 1993."'.
316Page 114, line 30, leave out paragraph 11.
317Page 115, line 7, at end insert:
'The Tribunals and Inquiries Act 1992 (c. 53)
. The Tribunals and Inquiries Act 1992 shall be amended as follows—
(a) in section 7(2) (concurrence required for removal of tribunal members), after "(e)" there is inserted "(g) or (h)",
(b) in section 10 (reasons to be given on request), at the end of subsection (5) there is added—
"(ba) to decisions of the Pensions Compensation Board referred to in paragraph 35(h) of Schedule 1",
(c) in section 14 (restricted application of the Act in relation to certain tribunals), after subsection (1) there is inserted—
"(1A) In this Act—
(a) references to the working of the Occupational Pensions Regulatory Authority referred to in paragraph 35(g) of Schedule 1 are references to their working so far as relating to matters dealt with by them by means of a formal hearing or on review, and
(b) references to procedural rules for the Authority are references to regulations under—
(i) section 88(5) of the Pensions Act 1995 (procedure to be adopted with respect to reviews), or
(ii) paragraph 12 of Schedule 1 to that Act (procedure of the Authority), so far as the regulations relate to procedure on any formal hearing by the Authority.", and
(d) in paragraph 35 of Schedule 1 (tribunals under the direct supervision of the Council on Tribunals: pensions), after paragraph (f) there is inserted—

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"(g) the Occupational Pensions Regulatory Authority established by section 1 of the Pensions Act 1995;
(h) the Pensions Compensation Board established by section 72 of that Act".'.
318Page 115, line 17, leave out paragraph 16.
319Page 115, line 18, leave out paragraph 17.
320Page 115, line 35, at end insert:
'25A. In section 132 (conformity of schemes with requirements), "the equal access requirements" is omitted.
25B. In section 133(1) (advice of the Board), "the equal access requirements" is omitted.
25C. In section 134 (determination of questions)—
(a) in subsection (3), "the equal access requirements", and
(b) in subsection (4), "or the equal access requirements" and "or, as the case may be, section 118(1)",
are omitted.
25D. In section 136(2) (e) (iv) (applications to modify schemes), "or the equal access requirements" is omitted.
25E. In section 139(2) (functions of the Board), "the equal access requirements" is omitted.
25F. In section 140(4) (effect of orders), paragraph (c) and the "and" immediately preceding it are omitted.'.
321Page 115, line 39, at end insert:
'(aa) subsections (3) and (4) are omitted.'.
322Page 116, line 8, leave out paragraph 29.
323Page 116, line 18, leave out paragraph 30 and insert:
'. In section 159 (inalienability of certain pensions), after subsection (4) there is inserted—
"(4A) Where a person—
(a) is entitled or prospectively entitled as is mentioned in subsection (1), or
(b) is entitled to such rights or to such a payment as is mentioned in subsection (4),
no order shall be made by any court the effect of which would be that he would be restrained from receiving anything the assignment of which is or would be made void by either of those subsections.
(4B) Subsection (4A) does not prevent the making of an attachment of earnings order under the Attachment of Earnings Act 1971."'.
324Page 116, line 18, at end insert:
'30A. In section 170 (determination of questions by Secretary of State), subsections (5) and (6) are omitted.'.
325Page 116, line 24, after '(1)' insert:
'(i) the definition of "equal access requirements" is omitted, and
(ii)''
326Page 116, line 33, at end insert:
'34A. In Schedule 7 (re-enactment or amendment of certain provisions not in force), paragraphs 1 and 3 are omitted.'.
327Schedule 4, page 122, leave out lines 35 to 37.
328Page 123, line 14, at end insert:
'Christmas bonus for pensioners
. In section 149(4) of that Act (Christmas bonus: supplementary), for "70 in the case of a man or 65 in the case of a woman" there is substituted "65".'.
329Page 123, line 29, leave out 'within' the meaning'.
330Page 126, line 6, leave out sub-paragraph (9).
331Schedule 5, page 129, line 2, at end insert:
'The Public Records Act 1958 (c. 51)
. In Schedule 1 to the Public Records Act 1958 (definition of "Public Record"), in the Table—

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(a) in Part I, the entry relating to the Occupational Pensions Board is omitted, and
(b) in Part II—
(i) after the entry relating to the Nature Conservancy Council for England, there is inserted—
"Occupational Pensions Regulatory Authority.", and
(ii) after the entry relating to the Office of the Director General of Fair Trading, there is inserted—
"Pensions Compensation Board."
The Administration of Justice Act 1970 (c. 31)
. In Schedule 4 to the Administration of Justice Act 1970 (taxes, social insurance contributions, etc subject to special enforcement provisions), in paragraph 3, for "State scheme premiums" there is substituted "Contributions equivalent premiums".
The Attachment of Earnings Act 1971 (c. 31)
. In Schedule 2 to the Attachment of Earnings Act 1971 (taxes, social security contributions etc relevant for purposes of section 3(6)), in paragraph 3, for "State scheme premiums" there is substituted "Contributions equivalent premiums".
The House of Commons Disqualification Act 1975 (c. 24)
. In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), the entry relating to the Occupational Pensions Board is omitted.
The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
. In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), the entry relating to the Occupational Pensions Board is omitted.
The Social Security Pensions Act 1975 (c. 60)
.—(1) In section 61 of the Social Security Pensions Act 1975 (consultation about regulations) for the words from "refer the proposals" in subsection (2) to the end of subsection (3) there is substituted "consult such persons as he may consider appropriate".
(2) In section 61B(1) of that Act (orders and regulations: general provisions), "except any power of the Occupational Pensions Board to make orders" is omitted.
( ) In section 64(3) of that Act (expenses and receipts), for "state scheme premium" there is substituted "contributions equivalent premium".
The European Parliament (Pay and Pensions) Act 1979 (c. 50)
. In section 6(4) of the European Parliament (Pay and Pensions) Act 1979 (provision for payment of block transfer value into another pension scheme), "and the Occupational Pensions Board" is omitted.
The Justices of the Peace Act 1979 (c. 55)
. In section 55(6) (b) (ii) of the Justices of the Peace Act 1979 (duties of local authorities), for "state scheme premiums" there is substituted "contributions equivalent premiums".
The Judicial Pensions Act 1981 (c. 20)
. In section 14A(2) of the Judicial Pensions Act 1981 (modifications of that Act in relation to personal pensions), in the definition of "personal pension scheme", for the words from "by" to the end there is substituted "in accordance with section 7 of the Pension Schemes Act 1993;".
The Insurance Companies Act 1982 (c. 50)
. In the Table in paragraph 3(1) of Schedule 2B to the Insurance Companies Act 1982 (restriction on disclosure of information), the entry relating to the Occupational Pensions Board is omitted.

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The Companies Act 1985 (c. 6)
. In Schedule 2 to the Companies Act 1985 (interpretation of references to "beneficial interest"), in paragraphs 3(2) (b) and 7(2) (b), for "state scheme premium" there is substituted "contributions equivalent premium".
The Income and Corporation Taxes Act 1988 (c. 1)
.—(1) In section 649 of the Income and Corporation Taxes Act 1988 (minimum contributions towards approved personal pension schemes), in subsection (2), for the definition of "the employee's share" there is substituted—
"'the employee's share' of minimum contributions is the amount that would be the minimum contributions if, for the reference in section 45(1) of the Pension Schemes Act 1993 to the appropriate age-related percentage, there were substituted a reference to the percentage mentioned in section 41(1A) (a) of that Act".
(2) This paragraph does not extend to Northern Ireland.
The Social Security Act 1989 (c. 24)
.—(1) Section 29(7) of the Social Security Act 1989 (regulations and orders) is omitted.
(2) In Schedule 5 to that Act (equal treatment in employment related schemes for pensions etc.), paragraph 4 is omitted.
The Social Security Contributions and Benefits Act 1992 (c.4)
. In Schedule 1 to the Social Security Contributions and Benefits Act 1992 (supplementary provisions), in paragraph 8(1) (g), for "state scheme premium" there is substituted "contributions equivalent premium".'.
332Page 129, line 4, after '1.' insert:
'—( ) The Social Security Administration Act 1992 is amended as follows.
( ) In section 110 (appointment and powers of inspectors)—
(a) in subsections (2) (c) (ii) and (6) (a) (ii), for "state scheme premium" there is substituted "contributions equivalent premium", and
(b) in subsection (7) (e) (i), for "state scheme premiums" there is substituted "contributions equivalent premiums".
( ) In section 120 (proof of previous offences), in subsections (3) and (4), for "state scheme premiums" there is substituted "contributions equivalent premiums".
( )'.
333Page 129, line 4, leave out 'the Social Security Administration Act 1992' and insert 'that Act'.
334Page 129, line 12, leave out from '(c)' to end of line 13 and insert 'is omitted'.
335Page 129, leave out line 37.
336Page 130, leave out lines 22 to 43.
337Page 130, line 46, at end insert:
'Section 163 (rule against perpetuities). In subsection (6), for "consider"there is substituted "considers" '.

338Page 130, line 47, leave out from beginning to end of line 6 on page 131.
339Page 131, line 6, at end insert:
'. In section 7—
(a) in subsections (1) and (6), for "Board" there is substituted "Secretary of State", and
(b) in subsection (4), "by the Board" is omitted.'.
340Page 131, line 11, leave out '42A(3)' and insert '42A(2)'.

12 Jul 1995 : Column 1785


341Page 131, leave out lines 12 to 17 and insert:
'( ) subsection (5) is omitted.'.
342Page 131, line 19, at end insert:
'. In section 10 (protected rights), in subsection (2) (a), after "minimum payments" there is inserted "and payments under section 42A(3)" '.
343Page 131, line 26, after 'factors)' insert:
'( ) in subsection (3), for the words following "at least" there is substituted "the prescribed percentage for each relevant year after the last service tax year; and the provisions included by virtue of this subsection may also conform with such additional requirements as may be prescribed", and
( )'.
344Page 131, line 33, leave out from 'benefits)' to 'not' in line 34 and insert:
'( ) subsections (1) and (5) are omitted,
( ) in subsection (4), for "(1) to (3)" there is substituted "(2) and (3)";
and subsections (2) and (3) of that section do'.
345Page 132, line 14, after 'omitted' insert:
'( ) in subsection (3) (a), after "minimum payments" there is inserted "and payments under section 42A(3)" '.
346Page 132, leave out line 33 and insert:
'( ) subsection (6) is omitted, and
( ) for subsection (7) there is substituted—
"(7) Without prejudice to the previous provisions of this section, failure of a scheme to comply with any requirements prescribed by virtue of section 25(2) shall be a ground on which the Secretary of State may, in respect of any employment to which the scheme relates, cancel a contracting-out certificate".'.
347Page 132, line 36, leave out paragraph 23 and insert:
'. For section 37 (alteration of rules of contracted-out schemes) there is substituted—
"Alteration of rules of contracted-out schemes.

37.—(1) Except in prescribed circumstances, the rules of a contracted-out scheme cannot be altered unless the alteration is of a prescribed description.
(2) Regulations made by virtue of subsection (1) may operate so as to validate with retrospective effect any alteration of the rules which would otherwise be void under this section.
(3) References in this section to a contracted-out scheme include a scheme which has ceased to be contracted-out so long as any person is entitled to receive, or has accrued rights to, any benefits under the scheme attributable to a period when the scheme was contracted-out.
(4) The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person so entitled by virtue of being the widower of an earner only in such cases as may be prescribed.'.
348Page 133, line 16, at end insert:
'. In section 43 (payment of minimum contributions), in subsection (1), after "circumstances" there is inserted "or in respect of such periods".'.
349Page 133, line 18, at end insert:
'. In section 46(1) (effect of entitlement to guaranteed minimum pensions on payment of social security benefits), for sub-paragraph (i) there is substituted—
"(i) to that part of its additional pension which is attributable to earnings factors for any tax years ending before the principal appointed day".'.
350Page 133, line 18, at end insert:
' . In section 50 (powers to approve arrangements for scheme ceasing to be certified)—

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(a) in subsection (1) (a)—
(i) at the end of sub-paragraph (i) there is inserted "or accrued rights to pensions under the scheme attributable to their service on or after the principal appointed day", and
(ii) in sub-paragraph (ii), for "guaranteed minimum pensions under the scheme" there is substituted "such pensions",
(b) after subsection (1) there is inserted—
"(1A) The power of the Secretary of State to approve arrangements under this section—
(a) includes power to approve arrangements subject to conditions, and
(b) may be exercised either generally or in relation to a particular scheme.
(1B) Arrangements may not be approved under this section unless any prescribed conditions are met",
(c) subsection (7) is omitted.
. In section 51 (calculation of GMPs preserved under approved arrangements), in subsection (1) (a), for "are subject to approved arrangements" there is substituted "satisfy prescribed conditions".
. In section 52 (supervision of schemes which have ceased to be certified)—
(a) in subsection (2), for paragraphs (a) and (b) there is substituted—
"(a) the scheme has ceased to be a contracted-out scheme, and
(b) any persons remain who fall within any of the following categories.
(2A) Those categories are—
(a) any persons entitled to receive, or having accrued rights to—
(i) guaranteed minimum pensions, or
(ii) pensions under the scheme attributable to service on or after the principal appointed day but before the scheme ceased to be contracted-out,
(b) any persons who have protected rights under the scheme or are entitled to any benefit giving effect to protected rights under it",
(b) in subsection (3), for paragraphs (a) and (b) there is substituted—
"(a) the scheme has ceased to be an appropriate scheme, and
(b) any persons remain who have protected rights under the scheme or are entitled to any benefit giving effect to protected rights under it", and
(c) subsections (4) to (6) are omitted.
. In section 53 (supervision: former contracted-out schemes)—
(a) for subsection (1) there is substituted—
"(1) The Secretary of State may direct the trustees or managers of the scheme, or the employer, to take or refrain from taking such steps as the Secretary of State may specify in writing; and such a direction shall be final and binding on the person directed and any person claiming under him.
(1A) An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them.
(1B) A direction under subsection (1) shall be enforceable—

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(a) in England and Wales, in a county court as if it were an order of that court, and
(b) in Scotland, by the sheriff, as if it were an order of the sheriff and whether or not the sheriff could himself have given such an order",
(b) subsection (2) is omitted,
(c) for subsection (3) there is substituted—
"(3) If a certificate has been issued under subsection (2) of section 50 and has not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 52(2A) (a) or (b) must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the Secretary of State may allow",
(d) subsections (4) and (5) are omitted.
. In section 54 (supervision: former appropriate personal pension schemes)—
(a) for subsections (1) and (2) there is substituted—
"(1) The Secretary of State may direct the trustees or managers of the scheme to take or refrain from taking such steps as the Secretary of State may specify in writing; and such a direction shall be final and binding on the person directed and any person claiming under him.
(1A) An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them.
(1B) A direction under subsection (1) shall be enforceable—
(a) in England and Wales, in a county court as if it were an order of that court, and
(b) in Scotland, by the sheriff, as if it were an order of the sheriff and whether or not the sheriff could himself have given such an order.
(2) If a certificate has been issued under subsection (2) of section 50 and has not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 52(3) (b) must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the Secretary of State may allow",
(b) subsection (3) is omitted.'.
351Page 133, line 45 , after '"55(2A) (c)"' insert 'and after "widow" there is added "or widower" '.
352Page 134, line 38, at end insert:
'. In section 96 (right to cash equivalent: exercise of options)—
(a) in subsection (2) (a), after "guaranteed minimum pensions" there is inserted "his accrued rights so far as attributable to service in contracted-out employment on or after the principal appointed day", and

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(b) in subsection (3) (a), for "guaranteed minimum pensions" there is substituted "pensions, being guaranteed minimum pensions or pensions so far as attributable to service in contracted-out employment on or after the principal appointed day".'.


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