Amendments proposed to the Welfare Reform and Pensions Bill - continued House of Commons

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(e)

Page     75,     line     1,     leave out "the purposes of the applicable provisions of this Act" and insert "those purposes".

(f)

Page     75,     line     3,     leave out from "his" to end of line 4.

(g)

Page     75,     leave out lines 5 to 9 and insert—

    "(2) For the purposes of this section—

      (a) "the intermediary" means—

          (i) where the third person mentioned in subsection (1)(b) above has such a contractual or other relationship with the worker as may be specified, that third person, or

          (ii) where that third person does not have such a relationship with the worker, any other person who has both such a relationship with the worker and such a direct or indirect contractual or other relationship with the third person as may be specified; and

      (b) a person may be the intermediary despite being—

          (i) a person with whom the worker holds any office or employment, or

          (ii) a body corporate, unincorporated body or partnership of which the worker is a member;

    and subsection (1) above applies whether or not the client is a person with whom the worker holds any office or employment.".

(h)

Page     75,     line     14,     leave out "relevant payments or benefits," and insert "the specified amount of relevant payments or benefits (the worker's "attributable earnings"),".

(i)

Page     75,     line     15,     leave out "client" and insert "intermediary".

(j)

Page     75,     line     16,     leave out "client" and insert "intermediary (whether or not he fulfils the conditions prescribed under section 1(6)(a) above for secondary contributors)".

(k)

Page     75,     line     17,     leave out from "of" to end of line 19 and insert "the worker's attributable earnings;".

(l)

Page     75,     line     23,     leave out from "of" to "period" in line 25 and insert "the worker's attributable earnings for any specified".

(m)

Page     75,     line     26,     at     end     insert—

      "( ) for aggregating any such amount, for purposes relating to contributions, with other earnings of the worker during any such period;

      ( ) for determining the date by which contributions payable in respect of the worker's attributable earnings are to be paid and accounted for;".

(n)

Page     75,     line     37,     leave out "third party" and insert "intermediary".

(o)

Page     75,     line     44,     at     end     insert "persons, whether—

          (i)".

(p)

Page     75,     line     47,     after     "1988)"     insert ", or

          (ii) persons of any other specified description,".

(q)

Page     76,     line     7,     at     end     insert—

    "( ) Regulations made in pursuance of subsection (3)(c) above may, in particular, make provision—

      (a) for the making of a deduction of a specified amount in respect of general expenses of the intermediary as well as deductions in respect of particular expenses incurred by him;

      (b) for securing reductions in the amount of the worker's attributable earnings on account of—

          (i) any secondary Class 1 contributions already paid by the intermediary in respect of actual earnings of the worker, and

          (ii) any such contributions that will be payable by him in respect of the worker's attributable earnings.".

(r)

Page     76,     leave out lines 13 to 23.

(s)

Page     76,     line     35,     leave out "third party" and insert "intermediary".

(t)

Page     76,     leave out lines 40 to 44.


Lords Amendment No. 54

   

Mr Secretary Darling

To move, That this House disagrees with the Lords in their Amendment.

   

Mr Secretary Darling

To move the following Amendments to the words so restored to the Bill:—

(a)

Page     77,     line     16,     leave out "in any specified circumstances".

(b)

Page     77,     line     20,     leave out "and".

(c)

Page     77,     line     22,     leave out "a contract between the client and a third party," and insert "arrangements involving a third person (and not referable to any contract between the client and the worker),".

(d)

Page     77,     line     23,     at     end     insert "and

      (c) the circumstances are such that, were the services to be performed by the worker under a contract between him and the client, he would be regarded for the purposes of the applicable provisions of this Act as employed in employed earner's employment by the client,".

(e)

Page     77,     line     25,     leave out "the purposes of the applicable provisions of this Act" and insert "those purposes".

(f)

Page     77,     line     27,     leave out from "his" to end of line 28.

(g)

Page     77,     leave out lines 29 to 33 and insert—

    "(2) For the purposes of this section—

      (a) "the intermediary" means—

          (i) where the third person mentioned in subsection (1)(b) above has such a contractual or other relationship with the worker as may be specified, that third person, or

          (ii) where that third person does not have such a relationship with the worker, any other person who has both such a relationship with the worker and such a direct or indirect contractual or other relationship with the third person as may be specified; and

      (b) a person may be the intermediary despite being—

          (i) a person with whom the worker holds any office or employment, or

          (ii) a body corporate, unincorporated body or partnership of which the worker is a member;

    and subsection (1) above applies whether or not the client is a person with whom the worker holds any office or employment.".

(h)

Page     77,     line     38,     leave out "relevant payments or benefits," and insert "the specified amount of relevant payments or benefits (the worker's "attributable earnings"),".

(i)

Page     77,     line     39,     leave out "client" and insert "intermediary".

(j)

Page     77,     line     40,     leave out "client" and insert "intermediary (whether or not he fulfils the conditions prescribed under section 1(6)(a) above for secondary contributors)".

(k)

Page     77,     line     41,     leave out from "of" to end of line 43 and insert "the worker's attributable earnings;".

(l)

Page     77,     line     47,     leave out from "of" to "period" in line 2 on page 78 and insert "the worker's attributable earnings for any specified".

(m)

Page     78,     line     3,     at end insert—

      "( ) for aggregating any such amount, for purposes relating to contributions, with other earnings of the worker during any such period;

      ( ) for determining the date by which contributions payable in respect of the worker's attributable earnings are to be paid and accounted for;".

(n)

Page     78,     line     14,     leave out "third party" and insert "intermediary".

(o)

Page     78,     line     21,     at end insert "persons, whether—

          (i)".

(p)

Page     78,     line     24,     after "1988)" insert ", or

          (ii) persons of any other specified description,".

(q)

Page     78,     line     32,     at     end     insert—

    "( ) Regulations made in pursuance of subsection (3)(c) above may, in particular, make provision—

      (a) for the making of a deduction of a specified amount in respect of general expenses of the intermediary as well as deductions in respect of particular expenses incurred by him;

      (b) for securing reductions in the amount of the worker's attributable earnings on account of—

          (i) any secondary Class 1 contributions already paid by the intermediary in respect of actual earnings of the worker, and

          (ii) any such contributions that will be payable by him in respect of the worker's attributable earnings.".

(r)

Page     78,     leave out lines 38 to 48.

(s)

Page     79,     line     12,     leave out "third party" and insert "intermediary".

(t)

Page     79,     leave out lines 17 to 21.


Lords Amendment No. 85

   

Mr Secretary Darling

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 93

   

Mr Secretary Darling

To move, That this House disagrees with the Lords in their Amendment.


   

WELFARE REFORM AND PENSIONS BILL (SUPPLEMENTAL ALLOCATION OF TIME)

   

Margaret Beckett
Mr Secretary Darling

    That the Order of the House of 20th May 1999 be supplemented as follows—

Lords Amendments

    1. Proceedings on Consideration of Lords Amendments shall be completed at today's sitting and, if not previously concluded, shall be brought to a conclusion at midnight.

    2.—(1) The Lords Amendments shall be considered in the following order, namely:

      Nos. 42 to 46, 1 to 41 and 47 to 191.

    (2) Each part of the proceedings shall, if not previously concluded, be brought to a conclusion at the time specified in the second column of the Table.

TABLE

Lords amendments
Time for conclusion of proceedings
Nos. 42 to 46
7.00 p.m.
Nos. 1 to 34
10.00 p.m.
Nos. 35 to 41, 47 to 191
Midnight.

    3.—(1) This paragraph applies for the purpose of bringing proceedings to a conclusion in accordance with paragraphs 1 and 2.

    (2) The Speaker shall—

      (a) put forthwith any Question which has been proposed from the Chair and has not been decided and, if that Question is for the amendment of a Lords Amendment, the Question on any further Amendment of the Lords Amendment moved by a Minister of the Crown and on any Motion made by a Minister of the Crown, That this House agrees or disagrees with the Lords in the Lords Amendment or, as the case may be, in the Lords Amendment as amended,

      (b) put forthwith the Question on any Amendment moved by a Minister of the Crown to a Lords Amendment followed by the Question on any Motion made by a Minister of the Crown, That this House agrees or disagrees with the Lords in their Amendment or, as the case may be, in their Amendment as amended,

      (c) put forthwith the Question on any Motion made by a Minister of the Crown, That this House disagrees with the Lords in a Lords Amendment, and

      (d) put forthwith the Question, That this House agrees with the Lords in all the remaining Lords Amendments.

    (3) As soon as the House has agreed or disagreed with the Lords in any of their Amendments the Speaker shall put forthwith a single Question on any Amendments moved by a Minister of the Crown relevant to the Lords Amendment.

Subsequent stages

    4. The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the consideration forthwith of any further Message from the Lords on the Bill.

    5. The proceedings on any further Message from the Lords shall, if not previously concluded, be brought to a conclusion one hour after their commencement.

    6. For the purpose of bringing those proceedings to a conclusion the Speaker shall—

      (a) put forthwith any Question which has been proposed from the Chair and has not been decided, and the Question on any Motion made by a Minister of the Crown which is related to the Question already proposed from the Chair,

      (b) put forthwith the Question on any Motion made by a Minister of the Crown on or relevant to any of the remaining items in the Lords Message, and

      (c) put forthwith the Question, That this House agrees with the Lords in all the remaining Lords Proposals.

Reasons Committee

    7. The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its Chairman.

    8.—(1) A Committee appointed to draw up Reasons shall report before the conclusion of the sitting at which it is appointed.

    (2) Proceedings in the Committee shall, if not previously brought to a conclusion, be brought to a conclusion 30 minutes after their commencement.

    (3) For the purpose of bringing any proceedings to a conclusion in accordance with sub-paragraph (2) the Chairman shall—

      (a) first put forthwith any Question which has already been proposed from the Chair and has not yet been decided; and

      (b) then put forthwith successively Questions on motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in one of their Amendments.

    (4) The proceedings of the Committee shall be reported without any further Question being put.

Miscellaneous

    9. This paragraph applies to—

      (a) proceedings on Consideration of Lords Amendments,

      (b) proceedings on any further Message from the Lords, and

      (c) proceedings of the kind mentioned in paragraph 7.

    10. Standing Order No. 15(1) (Exempted business) shall apply to proceedings to which paragraph 9 applies.

    11. Proceedings to which paragraph 9 applies shall not be interrupted under any Standing Order relating to the sittings of the House.

    12. No dilatory Motion with respect to, or in the course of, proceedings to which paragraph 9 applies shall be made except by a Minister of the Crown; and the Question on any such Motion shall be put forthwith.

    13. Where proceedings on a Motion for the Adjournment of the House would, by virtue of Standing Order No. 24 (Urgent matters), commence at a time when proceedings to which paragraph 9 applies are in progress, the proceedings on the Motion shall be postponed to the conclusion of the proceedings to which paragraph 9 applies.

    14. If the House is adjourned, or the sitting is suspended, before the conclusion of any proceedings to which paragraph 9 applies, no notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.


 
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Prepared 3 Nov 1999