Welfare Reform and Pensions Bill -
Amendments to be debated in the House of Lords
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    (7)  A recovery order in respect of an arrangement--
 
  
    (a)  shall be binding on the person responsible for the arrangement, and
    (b)  overrides provisions of the arrangement to the extent that they conflict with the provisions of the order.
 
 Recovery orders: supplementary.     36F.--(1) The person responsible for a pension arrangement under which the transferee has, at any time, acquired rights by virtue of the transfer of the appropriate amount shall, on the permanent trustee of the debtor's estate making a written request, provide the trustee with such information about the arrangement and the rights under it of the transferor and transferee as the permanent trustee may reasonably require for, or in connection with, the making of an application for a recovery order.
 
    (2)  Nothing in--
 
  
    (a)  any provision of section 159 of the PensionSchemes Act 1993 or section 91 of the PensionsAct 1995 (which prevent assignation and the making of orders which restrain a person from receiving anything which he is prevented from assigning),
    (b)  any provision of any enactment (whether passed or made before or after the passing of the Welfare Reform and Pensions Act 1999) corresponding to any of the provisions mentioned in paragraph (a), or
    (c)  any provision of the arrangement in question corresponding to any of those provisions,
applies to a court exercising its power to make a recovery order.
 
    (3)  Regulations may, for the purposes of the recovery provisions, make provision about the calculation and verification of--
    (a)  any such value as is mentioned in section 36E(4)(b);
    (b)  any such amounts as are mentioned in section 36E(6)(a) and (b).
    (4)  The power conferred by subsection (3) includes power to provide for calculation or verification--
    (a)  in such manner as may, in the particular case, be approved by a prescribed person; or
    (b)  in accordance with guidance--
          (i)  from time to time prepared by a prescribed person, and
          (ii)  approved by the Secretary of State.
    (5)  References in the recovery provisions to the person responsible for a pension arrangement are to--
    (a)  the trustees, managers or provider of the arrangement, or
    (b)  the person having functions in relation to the arrangement corresponding to those of a trustee, manager or provider.
    (6)  In this section--
    prescribed" means prescribed by regulations;
    the recovery provisions" means this section and sections 34, 35, 36 and 36E of this Act;
    regulations" means regulations made by the Secretary of State.
    (7)  Regulations under the recovery provisions may--
    (a)  make different provision for different cases;
    (b)  contain such incidental, supplemental and transitional provisions as appear to the Secretary of State necessary or expedient.
    (8)  Regulations under the recovery provisions shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament."  ")
1993 c. 48.
1995 c. 26.
152B     Page 152, line 24, leave out ("the matters specified in paragraphs (a) and (b) of section 342A(6)") and insert--
    ("(a)  whether any of the personal contributions were made for the purpose of putting assets beyond the reach of the transferor's creditors or any of them, and
    (b)  whether the total amount of any personal contributions represented, at the time the pension-sharing transaction was made, by rights under pension arrangements is an amount which is excessive in view of the transferor's circumstances when those contributions were made.")
 
152C     Page 152, line 26, at end insert ("and sections 342E and 342F") 
152D     Page 152, line 44, at end insert-- 
 ("Orders under section 339 or 340 in respect of pension-sharing transactions.     342E.--(1) This section and section 342F apply if the court is making an order under section 339 or 340 in a case where-- 
  
    (a)  the transaction or preference is, or is any part of, a pension-sharing transaction, and
 
  
    (b)  the transferee has rights under a pension arrangement ("the destination arrangement", which may be the shared arrangement or any other pension arrangement) that are derived, directly or indirectly, from the pension-sharing transaction.
 
      (2)  Without prejudice to the generality of section 339(2) or 340(2), or of section 342, the order may include provision--
    (a)  requiring the person responsible for the destination arrangement to pay an amount to the transferor's trustee in bankruptcy,
    (b)  adjusting the liabilities of the destination arrangement in respect of the transferee,
    (c)  adjusting any liabilities of the destination arrangement in respect of any other person that derive, directly or indirectly, from rights of the transferee under the destination arrangement,
    (d)  for the recovery by the person responsible for the destination arrangement (whether by deduction from any amount which that person is ordered to pay or otherwise) of costs incurred by that person in complying in the transferor's case with any requirement under section 342F(1) or in giving effect to the order,
    (e)  for the recovery, from the transferor's trustee in bankruptcy, by the person responsible for a pension arrangement, of costs incurred by that person in complying in the transferor's case with any requirement under section 342F(2) or (3).
    (3)  In subsection (2), references to adjusting the liabilities of the destination arrangement in respect of a person include (in particular) reducing the amount of any benefit or future benefit to which that person is entitled under the arrangement.
 
      (4)  The maximum amount which the person responsible for the destination arrangement may be required to pay by the order is the lesser of-- 
  
    (a)  so much of the appropriate amount as, in accordance with section 342D, represents excessive contributions, and
    (b)  the value of the transferee's rights under the destination arrangement so far as they are derived, directly or indirectly, from the pension-sharing transaction.
    (5)  If the order requires the person responsible for the destination arrangement to pay an amount ("the restoration amount") to the transferor's trustee in bankruptcy it must provide for the liabilities of the arrangement to be correspondingly reduced.
 
    (6)  For the purposes of subsection (5), liabilities are correspondingly reduced if the difference between--
    (a)  the amount of the liabilities immediately before the reduction, and
    (b)  the amount of the liabilities immediately after the reduction,
is equal to the restoration amount.
 
    (7)  The order--
    (a)  shall be binding on the person responsible for the destination arrangement, and
    (b)  overrides provisions of the destination arrangement to the extent that they conflict with the provisions of the order.
 
 Orders under section 339 or 340 in pension-sharing cases: supplementary.     342F.--(1) On the transferor's trustee in bankruptcy making a written request to the person responsible for the destination arrangement, that person shall provide the trustee with such information about--
    (a)  the arrangement,
    (b)  the transferee's rights under it, and
    (c)  where the destination arrangement is the shared arrangement, the transferor's rights under it,
as the trustee may reasonably require for, or in connection with, the making of applications under sections 339 and 340.
 
    (2)  Where the shared arrangement is not the destination arrangement, the person responsible for the shared arrangement shall, on the transferor's trustee in bankruptcy making a written request to that person, provide the trustee with such information about--
    (a)  the arrangement, and
    (b)  the transferor's rights under it,
as the trustee may reasonably require for, or in connection with, the making of applications under sections 339 and 340.
 
    (3)  On the transferor's trustee in bankruptcy making a written request to the person responsible for any intermediate arrangement, that person shall provide the trustee with such information about--
    (a)  the arrangement, and
    (b)  the transferee's rights under it,
as the trustee may reasonably require for, or in connection with, the making of applications under sections 339 and 340.
 
    (4)  In subsection (3) "intermediate arrangement" means a pension arrangement, other than the shared arrangement or the destination arrangement, in relation to which the following conditions are fulfilled--
    (a)  there was a time when the transferee had rights under the arrangement that were derived (directly or indirectly) from the pension-sharing transaction, and
    (b)  the transferee's rights under the destination arrangement (so far as derived from the pension-sharing transaction) are to any extent derived (directly or indirectly) from the rights mentioned in paragraph (a).
    (5)  Nothing in--
 
  
    (a)  any provision of section 159 of the Pension Schemes Act 1993 or section 91 of the PensionsAct 1995 (which prevent assignment and the making of orders which restrain a person from receiving anything which he is prevented from assigning),
    (b)  any provision of any enactment (whether passed or made before or after the passing of the Welfare Reform and Pensions Act 1999) corresponding to any of the provisions mentioned in paragraph (a), or
    (c)  any provision of the destination arrangement corresponding to any of those provisions,
applies to a court exercising its powers under section 339 or 340.
 
    (6)  Regulations may, for the purposes of sections 339 to 342, sections 342D and 342E and this section, make provision about the calculation and verification of--
    (a)  any such value as is mentioned in section 342E(4)(b);
    (b)  any such amounts as are mentioned in section 342E(6)(a) and (b).
1993 c. 48.
1995 c. 26.
  
    (7)  The power conferred by subsection (6) includes power to provide for calculation or verification--
 
  
    (a)  in such manner as may, in the particular case, be approved by a prescribed person; or
    (b)  in accordance with guidance--
          (i)  from time to time prepared by a prescribed person, and
          (ii)  approved by the Secretary of State.
    (8)  In section 342E and this section, references to the person responsible for a pension arrangement are to--
    (a)  the trustees, managers or provider of the arrangement, or
    (b)  the person having functions in relation to the arrangement corresponding to those of a trustee, manager or provider.
    (9)  In this section--
    prescribed" means prescribed by regulations;
    regulations" means regulations made by the Secretary of State.
    (10)  Regulations under this section may--
    (a)  make different provision for different cases;
    (b)  contain such incidental, supplemental and transitional provisions as appear to the Secretary of State necessary or expedient.
    (11)  Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament."  ")
 
  
Clause 80
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
153     Page 85, line 4, leave out subsections (3) to (5) 
154     Page 85, line 17, leave out ("24D") and insert ("24B") 
155     Page 85, line 18, leave out ("of nullity") 
  
BY THE LORD GOODHART
THE EARL RUSSELL
THE LORD ADDINGTON
 
156     Page 85, line 19, leave out from ("before") to end of line 20 and insert ("1st January 2000.") 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
157     Page 85, line 21, leave out subsection (7) 
158     Page 85, line 24, leave out subsection (8) and insert--
 
    ("(8)  Paragraph 3 of Schedule 3 does not have effect if the proceedings in which the decree is granted were begun before the day on which section 19 comes into force.")
 
159     Page 85, line 43, leave out subsection (12) 
  
Schedule 13
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
159A     Page 159, line 28, column 3, at beginning insert-- 
   ("In section 8(3), the words ", subject to section 21(4) below,".") 
159B     Page 159, line 41, column 3, at end insert ("4(6),") 
159C     Page 160, line 10, column 3, at end insert-- 
   ("Section 145(1)(a)(i) and (ii).") 
159D     Page 160, line 22, column 3, at beginning insert-- 
   ("In Article 9(3), the words ", subject to Article 21(4),".") 
159E     Page 160, line 29, column 3, leave out ("and 24(3)") and insert (", 24(3), 33(5) and 75(3)") 
159F     Page 160, line 31, column 3, leave out ("and 38(4) and (5)") and insert (", 38(4) and (5) and 49(3)") 
159G     Page 160, line 31, column 3, at end insert-- 
   ("In Schedule 5, paragraph 2(2).") 
159H     Page 160, line 33, at end insert-- 
 ("1999 c. 10.Tax Credits Act 1999.In Schedule 2, paragraph 34.
In Schedule 6, the entry relating to the Social Security Administration (Northern Ireland) Act 1992.")
 
  
Clause 83
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
160     Page 86, line 14, at end insert ("; and section 75 shall not come into force until the Secretary of State is satisfied that there are sufficient safeguards within the Child Support Agency to protect the confidential nature of the information declared") 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
161     Page 86, line 18, after ("5") insert ("and 62A to 62C") 
162     Page 86, leave out line 19 and insert--
    ("(c)  section 80(6) and (8); and")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD ADDINGTON
 
162YA     Page 86, line 23, at end insert--
 
    ("(  )  Sections 68 to 73 shall not come into effect until such day (not earlier than 6th April 2000) as the Treasury may by order appoint.")
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
162ZA     Page 86, line 25, at end insert--
    ("(  )  sections 49, 50(1), 50(2) (except for sections 39B(3) and 39B(4)(b) of the Contributions and Benefits Act contained therein) and section 51;")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD ADDINGTON
 
162A     Page 86, line 26, leave out ("52,") 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
163     Page 86, leave out line 29 and insert--
    ("(  )  section 74 and sections 76 to 78;")
 
  
BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD ADDINGTON
 
163A     Page 86, line 33, at end insert--
 
    ("(3A)  Section 52 shall not come into force until such day following publication of research into the actions and income of those disentitled to benefit.")
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
163B     Page 86, line 33, at end insert--
 
    ("(  )  Part IV shall not come into force until a period of no less than one year after regulations to be made under that Part have been published in draft by the Secretary of State for consultation.")
 
163C     Page 86, line 37, leave out ("IV") and insert ("III") 
  
BY THE EARL RUSSELL
THE LORD GOODHART
THE LORD ADDINGTON
 
164     Page 86, line 39, at end insert--
 
    ("(4A)  Section 52 shall not come into force until after the Secretary of State has properly evaluated pilot schemes on work-focused interviews.
 
    (4B)  The evaluation under subsection (4A) shall include an assessment of the experience of those disentitled whether they be--
    (a)  employed,
    (b)  in hospital,
    (c)  in prison,
    (d)  unemployed,
information on whether they are disentitled to all or part of their benefits, and an assessment of the means of subsistence available to them and their subsequent condition.")
 
  
Clause 84
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
165     Page 87, line 3, after ("5") insert (", 62A to 62C") 
166     Page 87, leave out line 5 and insert--
    ("(e)  section 80(6) and (8).")
 
167     Page 87, line 10, after ("13") insert ("and 62D to 62F") 
168     Page 87, line 25, leave out ("26,") and insert ("26(b),") 
169     Page 87, line 38, after ("25") insert ("and 26(a)") 
170     Page 88, line 5, leave out ("15,") and insert ("15C,") 
 
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