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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 Amendments to the Welfare Reform and Pensions Bill to be moved on Report in the House of Lords.

  
Clause 1
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 1, line 20, leave out ("or section 176 of the Pension Schemes (Northern Ireland) Act 1993") 
     Page 2, line 8, leave out ("or section 109 of the Pension Schemes (Northern Ireland) Act 1993") 
     Page 2, line 16, leave out ("or the Pension Schemes (Northern Ireland) Act 1993") 
     Page 2, line 18, at end insert-- 
 
    ("(  )  contracts and schemes approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988 (retirement annuity contracts);
    (  )  annuities and insurance policies purchased or transferred for the purpose of giving effect to rights under pension schemes; and
    (  )  annuities purchased or entered into for the purpose of discharging liability in respect of pension credits under section 26(1)(b) or under corresponding Northern Ireland legislation.")
1988 c. 1.
  
Clause 3
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 4, line 13, at end insert--
 
    ("(  )  An employer is not, whether before designating a scheme for the purposes of subsection (2) or at any time while a scheme is designated by him for those purposes, under any duty--
    (a)  to make any enquiries, or act on any information, about the scheme for any purpose not connected with--
          (i)  ascertaining whether the scheme is for the time being registered under section 2,
          (ii)  ascertaining the persons to whom it offers membership, or
          (iii)  enabling him to comply with subsection (3), or
    (b)  in particular, to investigate or monitor, or make any judgment as to, the past, present or future performance of the scheme.")
 
  
Clause 4
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 4, line 29, at end insert (", or
    (  )  corresponding Northern Ireland legislation,")
 
  
Clause 5
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 5, line 3, after ("3") insert ("or corresponding Northern Ireland legislation") 
  
Schedule 1
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 89, line 22, after ("(8)") insert ("to (13)") 
     Page 89, line 25, after ("resolution)") insert ("except subsection (3)") 
     Page 89, line 28, leave out from ("91") to end of line and insert (", 92 and 94 (assignment and forfeiture etc.) except section 91(5)(d);") 
     Page 89, line 29, leave out ("96") and insert ("96(2)(c)") 
  
Clause 9
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 11, line 10, at end insert--
 
    ("(  )  References in this section to, or to any provision of, section 111A include references to corresponding provisions of Northern Ireland legislation; and in this section as it has effect in relation to those corresponding provisions, "employee" and "employer" have the meaning they have for the purposes of those provisions."&£M10;&£M10;")
 
  
Clause 16
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 21, line 26, leave out ("debtor's") 
     Page 22, line 12, leave out ("debtor's") 
     Page 22, line 35, leave out ("debtor's") 
  
Schedule 2
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 92, line 34, after ("months") insert ("immediately") 
  
Clause 53
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 62, line 24, leave out from ("(1)") to end of line 41 and insert ("Chapter II of Part I of the Social Security Act 1998 (social security decisions and appeals) shall have effect in relation to relevant decisions subject to and in accordance with subsections (1B) to (2B) below (and in those subsections "the 1998 Act" means that Act).
 
    (1A)  For the purposes of this section a "relevant decision" is a decision made under regulations under section 2A above that a person--
    (a)  has failed to comply with a requirement to take part in an interview which applied to him by virtue of the regulations, or
    (b)  has not shown, within the prescribed period mentioned in section 2A(3)(e)(ii) above, that he had good cause for such a failure.
    (1B)  Section 8(1)(c) of the 1998 Act (decisions falling to be made under or by virtue of certain enactments are to be made by the Secretary of State) shall have effect subject to any provisions of regulations under section 2A above by virtue of which relevant decisions fall to be made otherwise than by the Secretary of State.
 
    (1C)  For the purposes of each of sections 9 and 10 of the 1998 Act (revision and supersession of decisions of Secretary of State) any relevant decision made otherwise than by the Secretary of State shall be treated as if it were such a decision made by the Secretary of State (and accordingly may be revised by him under section 9 or superseded by a decision made by him under section 10).
 
    (1D)  Subject to any provisions of regulations under either section 9 or 10 of the 1998 Act, any relevant decision made, or (by virtue of subsection (1C) above) treated as made, by the Secretary of State may be--
    (a)  revised under section 9 by a person or authority exercising functions under regulations under section 2A above other than the Secretary of State, or
    (b)  superseded under section 10 by a decision made by such a person or authority,
as if that person or authority were the Secretary of State.
 
    (2)  Regulations shall make provision for conferring (except in any prescribed circumstances) a right of appeal under section 12 of the 1998 Act (appeal to appeal tribunal) against--
    (a)  any relevant decision, and
    (b)  any decision under section 10 of that Act superseding any such decision,
whether made by the Secretary of State or otherwise.
 
    (2A)  Subsections (1C) to (2) above apply whether--
    (a)  the relevant decision, or
    (b)  (in the case of subsection (2)(b)) the decision under section 10 of the 1998 Act,
is as originally made or has been revised (by the Secretary of State or otherwise) under section 9 of that Act; and regulations under subsection (2) above may make provision for treating, for the purposes of section 12 of that Act, any decision made or revised otherwise than by the Secretary of State as if it were a decision made or revised by him.
 
    (2B)  Section 12 of the 1998 Act shall not apply to any decision falling within subsection (2) above except in accordance with regulations under that subsection.")
1998 c. 14.
  
Schedule 7
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 111, line 12, after second ("couple") insert ("(other than a person to whom regulations under section 1(2C) apply)") 
     Page 115, line 34, leave out ("adjudication officer.") and insert ("Secretary of State.") 
     Page 116, line 6, leave out ("an adjudication officer") and insert ("the Secretary of State") 
     Page 116, line 13, leave out ("referred to in subsection (2)(a) above") and insert ("to whom subsection (2)(a) above applies") 
     Page 116, line 29, leave out ("he has failed to complete a course of training.") and insert ("the condition in section 17(3)(b) or (c) is established.") 
     Page 118, line 48, leave out ("for") 
     Page 119, line 9, leave out ("for") 
     Page 119, line 17, leave out from ("17.") to ("(interpretation") in line 18 and insert ("In section 39(1) of the Social Security Act 1998") 
     Page 119, line 23, leave out sub-paragraph (3) 
  
Schedule 12
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 155, line 26, leave out ("represents excessive contributions.") and insert ("is recoverable.") 
     Page 155, line 35, leave out ("represents excessive contributions.") and insert ("is recoverable.") 
     Page 155, line 43, leave out ("represents excessive contributions.") and insert ("is recoverable.") 
     Page 156, line 4, leave out ("represents excessive contributions,") and insert ("is recoverable,") 
     Page 156, line 19, leave out ("("unfair") and insert ("("the unfair") 
     Page 156, line 21 after ("of") insert ("the") 
     Page 156, line 24, leave out ("does not represent excessive contributions.") and insert ("is not recoverable.") 
     Page 156, line 27, leave out ("represents excessive contributions") and insert ("is recoverable") 
     Page 156, leave out lines 47 and 48 
     Page 157, line 18, leave out ("on the debtor's estate") 
     Page 157, line 21, leave out ("debtor") and insert ("transferee") 
     Page 157, line 24, leave out ("debtor") and insert ("transferee") 
     Page 157, line 31, leave out ("36C(1)") and insert ("36F(1)") 
     Page 157, line 38, leave out ("lesser") and insert ("smallest") 
     Page 157, line 40, leave out ("represents excessive contributions,") and insert ("is recoverable,") 
     Page 157, line 41, after ("contributions,") insert--
    ("(  ) so much (if any) of the amount of the unfair contributions (within the meaning given by section 36D(6)) as is not recoverable by way of an order under section 36A of this Act containing provision such as is mentioned in section 36B(1)(a),")
 
     Page 157, line 47, leave out ("on the debtor's estate") 
     Page 158, line 12, leave out ("on the debtor's estate") 
     Page 159, line 23, leave out ("represents excessive contributions.") and insert ("is recoverable.") 
     Page 159, line 31, leave out ("represents excessive contributions.") and insert ("is recoverable.") 
     Page 159, line 35, leave out ("represents excessive contributions,") and insert ("is recoverable,") 
     Page 159, line 51, leave out ("("unfair") and insert ("("the unfair") 
     Page 160, line 2, after ("of") insert ("the") 
     Page 160, line 5, leave out ("does not represent excessive contributions.") and insert ("is not recoverable.") 
     Page 160, line 8, leave out ("represents excessive contributions") and insert ("is recoverable") 
     Page 161, line 24, leave out ("lesser") and insert ("smallest") 
     Page 161, line 26, leave out ("represents excessive contributions,") and insert ("is recoverable,") 
     Page 161, line 26, after ("contributions,") insert--
    ("(  ) so much (if any) of the amount of the unfair contributions (within the meaning given by section 342D(5)) as is not recoverable by way of an order under section 342A containing provision such as is mentioned in section 342B(1)(a),")
 
     Page 163, line 27, leave out ("section 342C(7)") and insert ("sections 342C(7) and 342F(9)") 
     Page 165, line 27, at end insert-- 
 ("Social Security Act 1998 (c.14) 
     81.  In Schedule 2 to the Social Security Act 1998 (decisions against which no appeal lies), after paragraph 5 insert-- 
 Work-focused interviews 
 
        5A.  A decision terminating or reducing the amount of a person's benefit made in consequence of any decision made under regulations under section 2A of the Administration Act (work-focused interviews)."  ")
 
  
After Clause 82
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Insert the following new Clause-- 
     (".  An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of this Act--
    (a)  shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
    (b)  shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
Corresponding provisions for Northern Ireland.
1974 c. 28.
  
Clause 84
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 86, line 31, leave out ("section 82,") and insert ("sections 82 and (Corresponding provisions for Northern Ireland),") 
  
Clause 85
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 87, leave out lines 15 and 16 and insert--
 
    ("(  ) Part I;")
 
     Page 87, leave out line 32 
     Page 88, line 8, at end insert ("; and
    (  ) section (Corresponding provisions for Northern Ireland).")
 
  
 
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Prepared 27 September 1999