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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 3
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 4, line 14, at end insert--
    (""employer" means any employer, whether or not resident or incorporated in any part of the United Kingdom;")
 
     Page 4, line 21, leave out ("except those--") and insert ("employed in Great Britain and also, in the case of an employer resident or incorporated in any part of Great Britain, all employees of his employed outside the United Kingdom, but with the exception, in the case of any employer, of any employees of his--") 
  
Schedule 1
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 90, line 18, leave out from first ("to") to end of line 19 and insert (", or to any subsection of, section 1 or 2 includes a reference to any provision in force in Northern Ireland corresponding to that section or (as the case may be) that subsection; and the reference in sub-paragraph (1) to any pension scheme includes a personal pension scheme (as well as an occupational scheme) within the meaning of the Pension Schemes (Northern Ireland) Act 1993.")1993 c. 49.
  
Schedule 4
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 100, line 12, after ("include") insert--
    ("(a)  provision for calculation or verification in accordance with guidance from time to time prepared by a prescribed person, and
    (b)")  
 
     Page 100, leave out lines 17 to 39 
  
Clause 22
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 26, line 33, leave out ("and (2D)") 
     Page 26, leave out lines 35 to 38 
  
After Clause 22
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Insert the following new Clause-- 
 ("Miscellaneous 
     .--(1) The Secretary of State may by regulations--
    (a)  make provision imposing on the person responsible for a pension arrangement, or on the Secretary of State, requirements with respect to the supply of information relevant to any power with respect to--
Supply of pension information in connection with divorce etc.
 
          (i)  financial relief under Part II of the Matrimonial Causes Act 1973 or Part III of the Matrimonial and Family Proceedings Act 1984 (England and Wales powers in relation to domestic and overseas divorce etc.),
1973 c. 18
1984 c. 42.
 
          (ii)  financial provision under the Family Law (Scotland) Act 1985 or Part IV of the Matrimonial and Family Proceedings Act 1984 (corresponding Scottish powers), or
1985 c. 37.
1984 c. 42.
 
          (iii)  financial relief under Part III of the Matrimonial Causes (Northern Ireland) Order 1978 or Part IV of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (corresponding Northern Ireland powers),
    (b)  make provision about calculation and verification in relation to the valuation of--
          (i)  benefits under a pension arrangement, or
          (ii)  shareable state scheme rights,
 
 for the purposes of regulations under paragraph (a)(i) or (iii),
 
 
    (c)  make provision about calculation and verification in relation to--
S.I. 1978/1045 (N.I. 15).
S.I. 1989/677 (N.I. 4).
 
          (i)  the valuation of shareable rights under a pension arrangement or shareable state scheme rights for the purposes of regulations under paragraph (a)(ii), so far as relating to the making of orders for financial provision (within the meaning of the Family Law (Scotland) Act 1985), or
          (ii)  the valuation of benefits under a pension arrangement for the purposes of such regulations, so far as relating to the making of orders under section 12A of that Act,
    (d)  make provision for the purpose of enabling the person responsible for a pension arrangement to recover prescribed charges in respect of providing information in accordance with regulations under paragraph (a).
    (2)  Regulations under subsection (1)(b) or (c) may include provision for calculation or verification in accordance with guidance from time to time prepared by a person prescribed by the regulations.
 
    (3)  Regulations under subsection (1)(d) may include provision for the application in prescribed circumstances, with or without modification, of any provision made by virtue of section 38(2).
 
    (4)  In subsection (1)--
    (a)  the reference in paragraph (c)(i) to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part IV, or under corresponding Northern Ireland legislation, and
    (b)  the references to shareable state scheme rights are to rights in relation to which pension sharing is available under Chapter II of Part IV, or under corresponding Northern Ireland legislation.")
1985 c. 37.
     Insert the following new Clause-- 
     ("  . The Secretary of State may by regulations make provision for the purpose of enabling the person responsible for a pension arrangement to recover prescribed charges in respect of complying with--Charges by pension arrangements in relation to earmarking orders.
 
    (a)  an order under section 23 of the Matrimonial Causes Act 1973 (financial provision orders in connection with divorce etc.), so far as it includes provision made by virtue of section 25B or 25C of that Act (powers to include provision about pensions),
1973 c. 18.
 
    (b)  an order under section 12A(2) or (3) of the Family Law (Scotland) Act 1985 (powers in relation to pensions lump sums when making a capital sum order), or
1985 c. 37.
 
    (c)  an order under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978, so far as it includes provision made by virtue of Article 27B or 27C of that Order (Northern Ireland powers corresponding to those mentioned in paragraph (a)).")
S.I. 1978/1045 (N.I. 15).
  
After Clause 23
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Insert the following new Clause-- 
     ("--(1) In this Part--Interpretation of Part III.
 
    "occupational pension scheme" has the same meaning as in the Pension Schemes Act 1993,
    "pension arrangement" means
          (a)  an occupational pension scheme,
          (b)  a personal pension scheme,
          (c)  a retirement annuity contract,
          (d)  an annuity or insurance policy purchased, or transferred, for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme, and
          (e)  an annuity purchased, or entered into, for the purpose of discharging liability in respect of a pension credit under section 26(1)(b) or under corresponding Northern Ireland legislation;
1993 c. 48.
 
    "personal pension scheme" has the same meaning as in the Pension Schemes Act 1993;
    "prescribed" means prescribed by regulations made by the Secretary of State;
1993 c. 48.
 
    "retirement annuity contract" means a contract or scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988;
    "trustees or managers", in relation to an occupational pension scheme or a personal pension scheme, means--
          (a)  in the case of a scheme established under a trust, the trustees of the scheme, and
          (b)  in any other case, the managers of the scheme.
    (2)  References to the person responsible for a pension arrangement are--
    (a)  in the case of an occupational pension scheme or a personal pension scheme, to the trustees or managers of the scheme,
    (b)  in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of "pension arrangement" above, the provider of the annuity, and
    (c)  in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer.")
1988 c. 1.
  
Clause 34
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 42, leave out lines 28 and 29 
  
Schedule 6
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 106, line 19, after ("before") insert ("the end of") 
     Page 107, line 2, after ("before") insert ("the end of") 
     Page 107, line 41, after ("before") insert ("the end of") 
  
Clause 56
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 64, line 36, at end insert--
 
    ("(  )  For the purposes of, or in connection with, a scheme established for (or for an area which includes) Wales or a part of Wales, the National Assembly for Wales may, if it considers that facilities whose provision any person (including the Secretary of State) is undertaking under arrangements within subsection (5)(a) or (b) are capable of being supportive of the training of persons for employment, make such payments to that person as the Assembly considers appropriate; and any such payments--
    (a)  may be by way of fees, grants, loans or otherwise, and
    (b)  may, unless the Assembly otherwise specifies, be used by the person to whom they are made for the provision of any of the facilities provided under the arrangements.")
 
 
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Prepared 4 October 1999