Welfare Reform and Pensions Bill - continued        House of Lords
SCHEDULE 12, CONSEQUENTIAL AMENDMENTS - continued
PART II, OTHER CONSEQUENTIAL AMENDMENTS - continued
Insolvency Act 1986 (c.45) - continued

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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 Pensions Act 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).
      (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."
 
     70. In section 384(1) (meaning of "prescribed" in the second Group of Parts), after "Subject to the next subsection" insert "and section 342C(7) in Chapter V of Part IX".
 
 
Income and Corporation Taxes Act 1988 (c.1)
     71. The Income and Corporation Taxes Act 1988 is amended as follows.
 
     72. In section 172(3) (exceptions from tax), for "earnings threshold" substitute "secondary threshold".
 
     73. In section 617(2) (social security benefits and contributions), after paragraph (ae) insert-
 
 
    "(af) payments made under regulations under section 75 of the Welfare Reform and Pensions Act 1999 or under any corresponding enactment having effect with respect to Northern Ireland;".
 
Social Security Contributions and Benefits Act 1992 (c.4)
     74. The Contributions and Benefits Act has effect subject to the following amendments.
 
     75. - (1) Section 122(1) (interpretation of Parts I to VI etc.) is amended as follows.
 
      (2) In the definition of "current", after "limits" insert "and primary and secondary thresholds".
 
      (3) In the definition beginning with "lower earnings limit"-
 
 
    (a) for "and "earnings threshold"" substitute ""primary threshold" and "secondary threshold""; and
 
    (b) for "the earnings" substitute "the primary or secondary".
     76. - (1) Paragraph 1 of Schedule 1 (supplementary provisions relating to contributions) is amended in accordance with sub-paragraphs (2) to (5).
 
      (2) For "earnings threshold" (wherever occurring) substitute "secondary threshold".
 
      (3) For "lower earnings limit" (wherever occurring) substitute "primary threshold".
 
      (4) Omit sub-paragraphs (4) and (5).
 
      (5) After sub-paragraph (9) add-
 
 
    "(10) In relation to earners paid otherwise than weekly, any reference in this paragraph to-
 
 
    (a) the primary or the secondary threshold, or
 
    (b) the upper earnings limit,
  shall be construed as a reference to the equivalent of that threshold or limit prescribed under section 5(4) above."
 
      (6) In paragraph 6 of that Schedule-
 
 
    (a) in sub-paragraph (5), for "section 159A" substitute "section 4A, 159A"; and
 
    (b) in sub-paragraph (6), after "relating" insert "to relevant payments or benefits within the meaning of section 4A above or (as the case may be)".
 
Social Security Administration Act 1992 (c.5)
     77. After section 140E of the Administration Act insert-
 
 
"Financing of other expenditure.     140EE. - (1) The Secretary of State may make to a local authority such payments as he thinks fit in respect of expenses incurred by the authority in connection with the carrying out of any relevant function-
 
    (a) by the authority,
 
    (b) by any person providing services to the authority, or
 
    (c) by any person authorised by the authority to carry out that function.
      (2) In subsection (1) "relevant function" means any function conferred by virtue of section 2A, 2C or 7A above.
 
      (3) The following provisions, namely-
 
 
    (a) in section 140B, subsections (1), (3), (4), (5)(b), (7)(b) and (8), and
 
    (b) section 140C,
  apply in relation to a payment under this section as in relation to a payment of subsidy.
 
      (4) The Secretary of State may (without prejudice to the generality of his powers in relation to the amount of subsidy) take into account the fact that an amount has been paid under this section in respect of costs falling within section 140B(4A)(a) above."
 
 
Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7)
     78. The Social Security Contributions and Benefits (Northern Ireland) Act 1992 has effect subject to the following amendments.
 
     79. - (1) Section 121(1) (interpretation of Parts I to VI etc.) is amended as follows.
 
      (2) In the definition of "current", after "limits" insert "and primary and secondary thresholds".
 
      (3) In the definition beginning with "lower earnings limit"-
 
 
    (a) for "and "earnings threshold"" substitute ""primary threshold" and "secondary threshold""; and
 
    (b) for "the earnings" substitute "the primary or secondary".
     80. - (1) Paragraph 1 of Schedule 1 (supplementary provisions relating to contributions) is amended in accordance with sub-paragraphs (2) to (5).
 
      (2) For "earnings threshold" (wherever occurring) substitute "secondary threshold".
 
      (3) For "lower earnings limit" (wherever occurring) substitute "primary threshold".
 
      (4) Omit sub-paragraphs (4) and (5).
 
      (5) After sub-paragraph (9) add-
 
 
    "(10) In relation to earners paid otherwise than weekly, any reference in this paragraph to-
 
 
    (a) the primary or the secondary threshold, or
 
    (b) the upper earnings limit,
  shall be construed as a reference to the equivalent of that threshold or limit prescribed under section 5(4) above."
 
      (6) In paragraph 6 of that Schedule-
 
 
    (a) in sub-paragraph (5), for "section 155A" substitute "section 4A, 155A"; and
 
    (b) in sub-paragraph (6), after "relating" insert "to relevant payments or benefits within the meaning of section 4A above or (as the case may be)".
 
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