Welfare Reform and Pensions Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 60
 
  
LORDS AMENDMENT No. 46
 
46     Leave out Clause 60
 
    The Commons disagree to this Amendment for the following Reason--
 
46A     Because it would alter the financial arrangements made by the Commons, and the Commons do not offer any further Reason, trusting that this Reason may be deemed sufficient. 
  
Clause 70
 
  
LORDS AMENDMENT No. 53
 
53     Leave out Clause 70
 
    The Commons disagree to this Amendment but propose the following Amendments to the words so restored to the Bill--
 
53A     Page 74, line 36, leave out ("in any specified circumstances") 
53B     Page 74, line 40, leave out ("and") 
53C     Page 74, line 42, 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),") 
53D     Page 74, line 43, 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,")
 
53E     Page 75, line 1, leave out ("the purposes of the applicable provisions of this Act") and insert ("those purposes") 
53F     Page 75, line 3, leave out from ("his") to end of line 4 
53G     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.")
 
53H     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"),") 
53J     Page 75, line 15, leave out ("client") and insert ("intermediary") 
53K     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)") 
53L     Page 75, line 17, leave out from ("of") to end of line 19 and insert ("the worker's attributable earnings;") 
53M     Page 75, line 23, leave out from ("of") to ("period") in line 25 and insert ("the worker's attributable earnings for any specified") 
53N     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;")
 
53P     Page 75, line 37, leave out ("third party") and insert ("intermediary") 
53Q     Page 75, line 44, at end insert ("persons, whether--
          (i)")  
 
53R     Page 75, line 47, after ("1988)") insert (", or
          (ii)  persons of any other specified description,")
 
53S     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.")
 
53T     Page 76, leave out lines 13 to 23 
53U     Page 76, line 35, leave out ("third party") and insert ("intermediary") 
53V     Page 76, leave out lines 40 to 44 
  
Clause 71
 
  
LORDS AMENDMENT No. 54
 
54     Leave out Clause 71
 
    The Commons disagree to this Amendment but propose the following Amendments to the words so restored to the Bill--
 
54A     Page 77, line 16, leave out ("in any specified circumstances") 
54B     Page 77, line 20, leave out ("and") 
54C     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),") 
54D     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,")
 
54E     Page 77, line 25, leave out ("the purposes of the applicable provisions of this Act") and insert ("those purposes") 
54F     Page 77, line 27, leave out from ("his") to end of line 28 
54G     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.")
 
54H     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"),") 
54J     Page 77, line 39, leave out ("client") and insert ("intermediary") 
54K     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)") 
54L     Page 77, line 41, leave out from ("of") to end of line 43 and insert ("the worker's attributable earnings;") 
54M     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") 
54N     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;")
 
54P     Page 78, line 14, leave out ("third party") and insert ("intermediary") 
54Q     Page 78, line 21, at end insert ("persons, whether--
          (i)")  
 
54R     Page 78, line 24, after ("1988)") insert (", or
          (ii)  persons of any other specified description,")
 
54S     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.")
 
54T     Page 78, leave out lines 38 to 48 
54U     Page 79, line 12, leave out ("third party") and insert ("intermediary") 
54V     Page 79, leave out lines 17 to 21 
  
Clause 84
 
  
LORDS AMENDMENT No. 85
 
85     Page 87, line 23, leave out (", 70")
 
    The Commons disagree to this Amendment for the following Reason--
 
85A     Because it is consequential on Lords Amendment No. 53 to which the Commons have disagreed. 
  
LORDS AMENDMENT No. 93
 
93     Page 88, line 4, leave out (", 71")
 
    The Commons disagree to this Amendment for the following Reason--
 
93A     Because it is consequential on Lords Amendment No. 54 to which the Commons have disagreed. 
 
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