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Session 1998-99
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Amendments to the Welfare Reform and Pensions Bill

Welfare Reform and Pensions Bill -
Amendments to be debated in the House of Lords

Here you can browse the Marshalled List of Amendments to the Welfare Reform and Pensions Bill to be moved in Committee in the House of Lords.

 The amendments have been marshalled in accordance with the instruction of 17th June 1999, as follows-- 
 Clauses 1 and 6
Schedule 1
Clauses 7 to 18
Schedule 2
Clause 19
Schedule 3
Clauses 20 and 21
Schedule 4
Clauses 22 to 31
Schedule 5
Clauses 32 to 46
Schedule 6
Clauses 47 to 54
Schedule 7
Clauses 55 to 65
Schedule 8
Clauses 66 to 69
Schedules 9 and 10
Clauses 70 to 76
Schedule 11
Clauses 77 to 79
Schedule 12
Clauses 80 to 82
Schedule 13
Clauses 83 to 85
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Before Clause 1
 
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
1     Insert the following new Clause-- 
     (". Part I of this Act shall not have effect until comprehensive legislation embodying the pensions proposals outlined in "A new contract for welfare: Principles into Practice" (Cm. 4101) has been introduced.")Part I: commencement.
  
Clause 1
 
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
2     Page 1, line 11, after ("conditions") insert (", including a minimum level of employers' contributions,") 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
3     Page 1, line 12, leave out subsection (2) 
4     Page 1, line 14, leave out subsection (3) 
5     Page 1, line 17, leave out subsection (4) 
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
6     Page 1, line 18, after ("are") insert ("not") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
7*     Page 1, line 21, at end insert ("but there shall be no requirement to take a stakeholder pension in the form of an annuity by a specified age") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
8     Page 1, line 22, leave out subsection (5) 
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
9     Page 2, line 6, at end insert ("and that any such use does not reduce the value of the benefits provided for or in respect of any member by more than 10 per cent") 
10     Page 2, line 11, leave out (", subject to such") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
11*     Page 2, line 11, leave out from ("to") to ("and") in line 12 and insert ("a minimum contribution level of £10 per month,") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
12     Page 2, line 12, leave out ("and other restrictions as may be prescribed,") and insert ("up to a maximum of £5,000 a year of the proportion of earnings which may be relieved of income tax if invested in an eligible pension scheme for a person of the relevant age in accordance with current Inland Revenue rules, whichever be the higher,") 
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
13     Page 2, line 12, leave out from ("levels") to end of line 13 and insert (", together with an equivalent employer's contribution, are such as to guarantee the employee an income sufficient to live on without recourse to means-tested benefits") 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
14     Page 2, line 18, at end insert ("or other insurance contracts, annuity contracts or pension arrangements which satisfy prescribed requirements") 
15     Page 2, line 20, at end insert--
 
    ("(10)  The ninth condition is that approved group personal pensions shall be deemed to be stakeholder pensions for the purposes of this Part.")
 
16     Page 2, line 20, at end insert--
 
    ("(10)  The ninth condition is that the scheme shall provide to anyone who applies to join the scheme full and accurate advice as to how a stakeholder pension would benefit the applicant compared to other types of pension and shall tell the applicant that they have up to twenty eight days to cancel the application without cost or penalty; and an applicant to a stakeholder pension scheme shall have up to twenty eight days from receiving the said advice to cancelling the said application without cost or penalty.")
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill. 
  
After Clause 1
 
  
BY THE LORD FREEMAN
 
17     Insert the following new Clause-- 
     ("  .  Membership of a stakeholder pension scheme should not preclude membership of an occupational pension scheme provided by the same employer.")Membership of stakeholder and occupational pension scheme.
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
18     Insert the following new Clause-- 
     ("  .  Participation in a stakeholder pension scheme shall not preclude participation in other pension arrangements.")Participation in stakeholder pension scheme and other arrangements.
  
BY THE LORD GOODHART
THE EARL RUSSELL
 
19     Insert the following new Clause-- 
     ("  .--(1)  Regulations may require employees whose earnings exceed a specified amount, or any class of such employees, to become members of a stakeholder pension scheme.
 
    (2)  Regulations may require the payment of minimum contributions by or on behalf of any member of a stakeholder pension scheme (whether or not regulations under subsection (1) apply to such members).
 
    (3)  The minimum contributions under subsection (2) shall be such amount as may be prescribed, being--
    (a)  in the case of an employee, not more than 3.5 per cent of his earnings between the lower earnings limit and the upper earnings limit (within the meaning of the Contributions and Benefits Act); and
    (b)  in the case of an employer, not more than half of those earnings.")
Compulsory membership and contributions.
20     Insert the following new Clause-- 
     ("  .--(1)  Nothing in regulations made under section 1 shall prohibit the payment to stakeholder pension schemes of contributions up to the limit necessary to ensure that the scheme has tax-exemptions or tax-approval (within the meaning of the 1993 Act or the Pension Schemes (Northern Ireland) Act 1993).
 
    (2)  Regulations made under section 1 shall permit any person to be a member of both a stakeholder pension scheme and of a personal pension scheme which has been approved under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 or an occupational pension scheme (within the meaning of the 1993 Act) which is a money purchase scheme (within the meaning of the 1993 Act) in respect of the same employment.
 
    (3)  If a person is a member both of a stakeholder pension scheme and of another scheme such as is mentioned in subsection (2), contributions may be paid in any year by or in respect of him--
    (a)  to the stakeholder scheme, not exceeding such amount as may be provided by regulations; and
    (b)  to the other scheme, not exceeding such amount as would be permissible if he were a member only of that scheme, less the amount of contributions paid by or in respect of him to the stakeholder scheme.
    (4)  The Secretary of State and the Board of Inland Revenue shall within twelve months of the coming into force of this section lay before each House of Parliament a report containing proposals for legislation to enable a person to be a member both of a stakeholder pension scheme and of an occupational pension scheme (within the meaning of the 1993 Act) which is not a money purchase scheme and which has tax-exemption or tax-approval (within the meaning of the 1993 Act).")
Additional contributions and dual membership.
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
21*     Insert the following new Clause-- 
     ("  .  The Treasury shall publish annually a decision tree showing the relationship between stakeholder pensions and all other types of pension and other forms of saving to enable employees to decide what is the most appropriate form of provision for retirement for them to make.")Publication of annual pensions and savings information.
  
Clause 2
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
22     Page 2, line 30, at end insert--
    ("(  )  the premiums received will provide a pension in excess of what will be provided by the minimum pension guarantee;")
 
  
Clause 3
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
23     Page 3, line 24, after second ("of") insert ("10 or more") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
24*     Page 3, line 25, at end insert ("but an employer shall in no way be responsible for any consequences which result from the failure or performance of an authorised stakeholder scheme") 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
25     Page 3, line 25, at end insert--
 
    ("(  )  The first requirement is that the employer shall confirm with the Department of Social Security that the stakeholder pension scheme he proposes to designate is the most appropriate form of pension provision for his employees.")
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
26     Page 3, line 26, leave out from ("shall") to end of line 29 and insert ("ensure that at all times there is at least one scheme designated by him for the purposes of this subsection which is registered under section 2 and offers membership to all his relevant employees (whether or not any other scheme registered under that section which does not offer membership to all those employees is for the time being designated by him for those purposes).
 
    Before designating a scheme for the purposes of this subsection the employer shall consult with his relevant employees and any organisations representing them.")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
27     Page 3, line 26, leave out from ("shall") to first ("one") in line 28 and insert ("provide access to") 
  
BY THE BARONESS CASTLE OF BLACKBURN
 
28*     Page 3, line 29, at end insert ("other than those who prefer to acquire earnings related pension rights under section 44(3)(b) of the Contributions and Benefits Act (category A retirement pension)") 
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
29     Page 3, line 34, at end insert (", which shall include such information as will enable the employee to assess whether and in what circumstances membership of the designated scheme or, as the case may be, of any of the designated schemes would be to his advantage") 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
30     Page 3, line 46, at end insert--
 
    ("(  )  The fifth requirement is that the employer shall, if any scheme designated by him for the purposes of subsection (2) ceases to be registered under section 2, withdraw his designation of the scheme (but this requirement is not to be taken as implying that he cannot withdraw his designation of a scheme in other circumstances).")
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
31     Page 3, line 46, at end insert--
 
    ("(5A)  The fifth requirement is that the employer shall require a certificate from the designated scheme to the effect that none of his employees will be admitted to membership of that scheme without evidence that the employee has taken independent advice in relation to his pension provision.")
 
  
Clause 7
 
  
BY THE BARONESS CASTLE OF BLACKBURN
THE BARONESS TURNER OF CAMDEN
 
32     Page 5, line 35, at end insert ("and whether contributions to it result in a reduction of the earner's liability for income tax") 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
33     Page 5, line 44, at end insert ("; and
    (c)  specify different percentages in respect of earners whose chosen scheme for the purposes of section 43 of that Act meets such conditions as may be prescribed")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill. 
  
Clause 8
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
34     Page 6, line 8, leave out ("under") and insert ("for the purposes of") 
35     Page 6, line 16, at end insert--
 
    ("(  )  The Secretary of State may by regulations make provision for a stakeholder pension scheme which--
    (a)  is of a prescribed description, and
    (b)  would (apart from the regulations) be an occupational pension scheme,
to be treated for all purposes, or for such purposes as may be prescribed, as if it were a personal pension scheme and not an occupational pension scheme.")
 
  
Clause 9
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
36*     Page 7, leave out lines 13 and 14 
  
Clause 10
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
37     Page 11, line 5, at beginning insert ("the trustees or managers knew or ought reasonably to have known of such failure, then") 
  
Clause 11
 
  
BY THE BARONESS BUSCOMBE
THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
38     Page 12, line 22, at end insert--
 
    ("(5A)  No pension rights of any person shall however vest in his trustee of bankruptcy if they were acquired or secured during a period when the arrangement was approved.")
 
39     Page 12, line 23, leave out subsections (6) to (8) 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
40     Page 12, line 44, leave out ("under subsection (5) or (7)") and insert ("in accordance with this section") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill. 
  
Clause 12
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill. 
  
Clause 17
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill. 
 
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