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353Page 135, line 17, leave out paragraph 43.
354Page 135, line 19, after '5"' insert '"172, 173"'.
355Page 135, line 24, after '5"' insert '"172, 173"'.
356Page 135, line 29, leave out from 'premium"' to end of line 30 and insert:
'( ) the "and" at the end of paragraph (c) is omitted, and
( ) for the words following paragraph (d) there is substituted "and
(e) any question whether an employment is, or is to be treated, for the purposes of the Pension Schemes Act 1993 as contracted-out employment or as to the persons in relation to whom, or the period for which, an employment is, or is to be treated, for the purposes of that Act as such employment",'.
357Page 135, line 31, at end insert 'and
( ) at the end of that section there is added—
"(7) Sections 18 and 19 of the Social Security Administration Act 1992 (appeals and reviews) shall have effect as if the questions mentioned in subsection (1) of section 17 of that Act included—
(a) any question arising in connection with the issue, cancellation or variation of contracting-out certificates or appropriate scheme certificates, not being a question mentioned in subsection (1) (e) above, and
(b) any other question arising under this Act which falls to be determined by the Secretary of State, not being a question mentioned in that subsection.
(8) Regulations may make provision with respect to the procedure to be adopted on any application for a review made under section 19 of that Act by virtue of subsection (7) above and generally with respect to such applications and reviews, but may not prevent such a review being entered upon without an application being made".
. In section 171 (questions arising in proceedings), in subsection (1) (b), for "state scheme premium" there is substituted "contributions equivalent premium".
. Sections 172 and 173 (reviews and appeals) are repealed.'.
358Page 135, line 37, leave out '(3) (b) (ii)' and insert '(3) (b)—
(i) in sub-paragraph (i), "sections 2 to 5", "172, 173" and "and Schedule 1" are omitted, and
(ii) in sub-paragraph (ii)'.
359Page 135, line 40, at end insert '"172,173"'.
360Page 136, line 2, leave out 'the definition of "the Board" is omitted' and insert '—
(i) the definitions of "accrued rights premium", "the Board", "contracted-out protected rights premium", "limited revaluation premium", "pensioner's rights premium", "personal pension protected rights premium", "state scheme premium" and "transfer premium" are omitted, and
(ii) in the definition of "contributions equivalent premium", for "section 55(6) (e)" there is substituted "section 55(2)".'

12 Jul 1995 : Column 1789

361Page 136, line 4, leave out from beginning to 'omitted' and insert '"172,173" and "and Schedule 1" are'.
362Page 136, line 7, after '5"' insert '"172,173"'.
363Page 136, line 24, leave out 'and'.
364Page 136, line 25, at end insert 'and
( ) in subsection (8), for "172(4)" there is substituted "170(8)"'.
365Page 136, line 29, at end insert 'and "section 172(4) and (5)" is omitted'.
366Page 136, line 42, leave out '"64"' and insert '"63"'.
367Page 136, line 43, leave out 'for "65" there is substituted "64"' and insert '"to 65" is omitted'.
368Page 136, line 43, at end insert:
'( ) in paragraph 9, for sub-paragraphs (3) to (5) there is substituted—
"(2A) Sub-paragraphs (3) and (4) shall be omitted".'
369Schedule 6, page 137, line 6, at end insert:
'The Public Records Act 1958 (c. 51)
. In Schedule 1 to the Public Records Act 1958 (definition of "Public Record"), in Part II of the Table, there is inserted at the appropriate place—
"Pensions Ombudsman."
The Pension Schemes Act 1993 (c. 48)'
370Page 138, line 37, at end insert:
'. In section 145 (Pensions Ombudsman), in subsection (5), "with the approval of the Treasury" is omitted'.
371Page 138, line 37, at end insert:
'. In section 151(5) (b) (enforcement in Scotland of Pensions Ombudsman's determinations), for the words from "Scotland," to the end there is substituted "in like manner as an extract registered decree arbitral bearing warrant for execution issued by the sheriff court of any sheriffdom in Scotland.".'.
372Page 138, line 37, at end insert:
'. After section 158, there is inserted—
"Other disclosures by the Secretary of State.

.—(1) The Secretary of State may, in spite of any obligation as to secrecy or confidentiality imposed by statute or otherwise on him or on persons employed in the Department of Social Security, disclose any information received by him in connection with his functions under this Act or the Pensions Act 1995 to any person specified in the first column of the following Table if he considers that the disclosure would enable or assist the person to discharge the functions specified in relation to the person in the second column of the Table.
TABLE
Persons Functions
The Treasury. Functions under the Financial Services Act 1986.
The Bank of England. Functions under the Banking Act 1987 or any other functions.
The Regulatory Authority. Functions under this Act or the Pensions Act 1995, or any enactment in forcing Northern Ireland corresponding to either of them.
The Pensions Compensation Board. Functions under the Pensions Act 1995 or any corresponding enactment in force in Northern Ireland.
The Friendly Societies Commission. Functions under the enactments relating to friendly societies.
The Building Societies Commission. Functions under the Building Societies Act 1986.
An inspector appointed by the Secretary of State. Functions under section 94 or 177 of the Financial Services Act 1986.
A person authorised to exercise powers under section 106 of the Financial Services Act 1986. Functions under that section.
A designated agency or transferee body or the competent authority (within the meaning of the Financial Services Act 1986). Functions under the Financial Services Act 1986.
A recognised self-regulating organisation, recognised professional body, recognised investment exchange or recognised clearing house (within the meaning of the Financial Services Act 1986). Functions in its capacity as an organisation, body, exchange or clearing house recognised under the Financial Services Act 1986.

12 Jul 1995 : Column 1790


(2) The Secretary of State may by order—
(a) amend the Table in subsection (1) by—
(i) adding any person exercising regulatory functions and specifying functions in relation to that person,
(ii) removing any person for the time being specified in the Table, or
(iii) altering the functions for the time being specified in the Table in relation to any person, or
(b) restrict the circumstances in which, or impose conditions subject to which, disclosure may be made to any person for the time being specified in the Table".'.
373Page 138, leave out line 42.
374Schedule 7, page 139, line 26, leave out '13' and insert '14'.
375Page 139, column 3, leave out line 28.
376Page 139, column 3, line 44, at end insert:
'In section 132, "the equal access requirements".In section 133(1), "the equal access requirements".In section 134, in subsection (3), "the equal access requirements" and, in subsection (4), "or the equal access requirements" and "or, as the case may be, section 118(1)".In section 136(2) (e) (iv), "or the equal access requirements".In section 139(2), "the equal access requirements".In section 140(4), paragraph (c) and the "and" immediately preceding it.'.
377Page 140, line 4, after '108)"' insert 'subsections (3) and (4)'.
378Page 140, column 3, leave out line 9 and insert:
'In section 170, subsections (5) and (6)'.
379Page 140, column 3, line 11, at end insert:
'In section 181(1), the definition of "equal access requirements"'.
380Page 140, line 20, leave out 'paragraph 1' and insert:
'paragraphs 1 and 3.In Schedule 8, paragraph 3'.
381Page 140, line 29, column 3, leave out 'the words from "but" to "70"' and insert:
'in subsection (1) (a), the words from "but" to "70", and subsection (4)'.

12 Jul 1995 : Column 1791


382Page 140, line 47, at end insert:
'1958 c. 51. The Public Records Act 1958. In Schedule 1, in the Table, the entry relating to the Occupational Pensions Board.
1975 c. 24. The House of Commons Disqualification Act 1975. In Part II of Schedule 1, the entry relating to the Occupational Pensions Board.
1975 c. 25. The Northern Ireland Assembly Disqualification Act 1975. In Part II of Schedule 1, the entry relating to the Occupational Pensions Board.
1975 c. 60. The Social Security Pensions Act 1975. In section 61B(1), "except any power of the Occupational Pensions Board to make orders".
1979 c. 50. The European Parliament (Pay and Pensions) Act 1979. In section 6(4), "and the Occupational Pensions Board".
1982 c. 50. The Insurance Companies Act 1982. In Schedule 2B, in paragraph 3(1), in the Table, the entry relating to the Occupational Pensions Board.
1989 c. 24. The Social Security Act 1989. Section 29(7).In Schedule 5, paragraph 4.'.
383Page 141, line 7, column 3, leave out from '(c)' to end of line 8.
384Page 141, line 19, column 3, at end insert:
'In section 7(4), "by the Board"'.
385Page 141, line 19, column 3, at end insert:
'Section 8(5)'.
386Page 141, column 3, leave out lines 25 to 31 and insert:
'Section 22.In section 23, subsections (1) and (5).Section 24.In section 25, subsections (1) and (3).Section 28(7).Section 31(1).Section 34(6).'.
387Page 141, column 3, leave out lines 33 to 35.
388Page 141, line 44, column 3, at end insert 'and, in paragraph (e), the words following "prescribed period"'.
389Page 141, line 44, column 3, at end insert:
'In section 48(2), paragraph (b) and, in paragraph (c), "if the earner dies before reaching pensionable age".'.
390Page 141, line 44, column 3, at end insert:
'Section 50(7).In section 52, subsections (4) to (6).In section 53, subsections (2), (4) and (5).Section 54(3).'.
391Page 142, leave out lines 24 to 26.
392Page 142, line 28, after '5"' insert '"172,173"'.
393Page 142, line 30, after '5"' insert '"172,173"'.
394Page 142, line 33, leave out from '(1)' to 'and' in line 34 and insert 'the "and" at the end of paragraph (c)'.
395Page 142, column 3, line 35, at end insert:
'Sections 172 and 173.'.
396Page 142, line 36, after '177' insert 'in subsection (3) (b) (i), "sections 2 to 5", "172, 173" and "and Schedule 1"'.
397Page 142, line 43, after '5"' insert '"172, 173"'.
398Page 142, line 46, column 3, leave out 'definition of "the Board"' and insert 'definitions of "accrued rights premium,", "the Board", "contracted-out protected rights premium", "limited revaluation premium", "pensioner's rights premium", "personal pension protected rights premium", "state scheme premium" and "transfer premium"'.
399Page 142, line 47 at end insert '"172, 173" and'.
400Page 142, line 54, after '5"' insert '"172, 173"'.
401Page 142, column 3, line 60, at end insert:

12 Jul 1995 : Column 1792


'In section 192(2), "section 172(4) and (5)".'.
402Page 143, line 6, column 3, after 'Board"' insert 'in sub-paragraph (2) "to 65"'.
403Page 143, line 21, column 3, at end insert 'In section 145, "with the approval of the Treasury".'.
404Page 143, line 48, leave out from '1971' to end of line 49 and insert 'shall come into force on the day this Act is passed'.

Lord Mackay of Ardbrecknish: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 244 to 404. I have already spoken to these amendments in various debates.

Moved, That the House do agree with the Commons in their Amendments Nos. 244 to 404.—(Lord Mackay of Ardbrecknish.)

On Question, Motion agreed to.


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