Welfare Reform and Pensions Bill - continued        House of Lords
PART I, STAKEHOLDER PENSION SCHEMES - continued

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Powers of inspection for securing compliance with section 3.     5. - (1) An inspector may, for the purposes of investigating whether an employer is complying, or has complied, with the requirements under section 3, at any reasonable time enter premises liable to inspection and, while there-
 
 
    (a) may make such examination and inquiry as may be necessary for such purposes,
 
    (b) may require any person on the premises to produce, or secure the production of, any document relevant to compliance with those requirements for his inspection, and
 
    (c) may, as to any matter relevant to compliance with those requirements, examine, or require to be examined, either alone or in the presence of another person, any person on the premises whom he has reasonable cause to believe to be able to give information relevant to that matter.
      (2) Premises are liable to inspection for the purposes of this section if the inspector has reasonable grounds to believe that-
 
 
    (a) employees of the employer are employed there,
 
    (b) documents relevant to the administration of the employer's business are being kept there, or
 
    (c) the administration of the employer's business, or work connected with that administration, is being carried out there,
  unless the premises are a private dwelling-house not used by, or by permission of, the occupier for the purposes of a trade or business.
 
      (3) An inspector applying for admission to any premises for the purposes of this section must, if so required, produce his certificate of appointment.
 
      (4) In this section "inspector" means a person appointed by the Authority as an inspector.
 
Application of certain enactments.     6. - (1) Sections 46 and 102 of the Employment Rights Act 1996 (occupational pension scheme trustees: protection from unfair dismissal and other detriment) shall apply in relation to an employee who is (or is a director of a company which is) a trustee of a scheme designated by his employer under section 3(2) as they apply in relation to an employee who is (or is a director of a company which is) a trustee of a relevant occupational pension scheme which relates to his employment.
 
      (2) Section 58 of that Act (occupational pension scheme trustees: time off) shall apply to the employer in relation to a designated scheme as it applies to the employer in relation to a relevant occupational pension scheme.
 
      (3) Schedule 1 (application of the 1993 and 1995 Acts to registered schemes) shall have effect.
 
      (4) In this section "relevant occupational pension scheme" has the meaning given by section 46 of the Employment Rights Act 1996.
 
Reduced rates of contributions etc: power to specify different percentages.     7. - (1) An order under section 42B(2) of the 1993 Act (determination and alteration of reduced rates of Class 1 contributions, and rebates, for members of money purchase contracted-out schemes) may specify different percentages in respect of earners by reference to whether the money purchase contracted-out scheme of which the earner is a member is or is not for the time being registered under section 2.
 
      (2) An order under section 45A(2) of that Act (determination and alteration of minimum contributions to be paid to appropriate personal pension schemes) may-
 
 
    (a) specify different percentages in respect of earners by reference to whether the appropriate personal pension scheme of which the earner is a member is or is not for the time being registered under section 2; and
 
    (b) specify different percentages in respect of earners by reference to the time when the earner first became a member of the scheme.
      (3) This section is without prejudice to section 182 of that Act (orders and regulations: general provisions).
 
Interpretation and application of Part I.     8. - (1) In this Part-
 
 
    "the 1993 Act" means the Pension Schemes Act 1993;
 
    "the 1995 Act" means the Pensions Act 1995;
 
    "the Authority" means the Occupational Pensions Regulatory Authority;
 
    "designated scheme", in relation to an employer, means a scheme designated by him for the purposes of section 3(2);
 
    "occupational pension scheme" and "personal pension scheme" have the meanings given by section 1 of the 1993 Act;
 
    "pension scheme" means an occupational pension scheme or a personal pension scheme;
 
    "prescribed" means prescribed by regulations made by the Secretary of State;
 
    "stakeholder pension scheme" shall be construed in accordance with section 1.
      (2) 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.
 
      (3) This Part applies to a pension scheme managed by or on behalf of the Crown as it applies to other pension schemes; and, accordingly, references in this Part to a person in his capacity as a trustee or manager of, or person prescribed in relation to, a pension scheme include the Crown, or a person acting on behalf of the Crown, in that capacity.
 
      (4) This Part applies to persons employed by or under the Crown in like manner as if such persons were employed by a private person; and references in this Part to a person in his capacity as an employer include the Crown, or a person acting on behalf of the Crown, in that capacity.
 
      (5) Subsections (3) and (4) do not apply to any provision of this Part under or by virtue of 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.
 
      (6) Nothing in this Part applies to Her Majesty in Her private capacity (within the meaning of the Crown Proceedings Act 1947).
 
 
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