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Leave out Clause 72

The noble Lord said: My Lords, this is the twin of Amendment No. 184 relating to Northern Ireland, moved formally.

On Question, amendment agreed to.

Clause 76 [Supply of information for child support purposes]:

Baroness Hollis of Heigham moved Amendment No. 205:


Page 82, line 7, after (“State") insert (“or the Department of Health and Social Services for Northern Ireland")

The noble Baroness said: My Lords, this amendment inserts a reference to the Department of Health and Social Services for Northern Ireland into Clause 76. That will enable the Inland Revenue to provide information to DHSS Northern Ireland in the same way that Clause 76 allows it to provide information to the Child Support Agency in the rest of the United Kingdom.

Noble Lords might find it helpful if I give a brief explanation of Clause 76. It will permit the Inland Revenue to supply, on a discretionary basis, information about the income of self-employed parents. The amendment is necessary because the Inland Revenue is a UK-wide organisation. It is therefore not possible for Northern Ireland legislation to create this discretionary gateway.

The provision will be used when the CSA or DHSS have exhausted their normal lines of inquiry in pursuing self-employed non-resident parents who are failing to support their children as they should. At this point, the tax information that the self-employed non-resident parent gave to the Inland Revenue may be used to calculate a safe and accurate level of

13 Oct 1999 : Column 498

maintenance assessment for the purposes of child support. This is a carefully targeted provision which deals with a long-standing difficulty. It is a sensible extension to a necessary and carefully targeted provision. I commend it to the House. I beg to move.

On Question, amendment agreed to.

Baroness Hollis of Heigham moved Amendments Nos. 206 and 207:


Page 82, line 12, after (“State;") insert--
(“( ) the Department of Health and Social Services for Northern Ireland;")
Page 82, line 13, leave out (“his") and insert (“either of them")

On Question, amendments agreed to.

Clause 79 [Regulations and orders]:

Baroness Hollis of Heigham moved Amendments Nos. 208 to 213:


Page 83, line 26, after (“orders") insert (“(other than orders under section 68(2))")
Page 84, line 25, after (“ 56") insert (“or 75")
Page 84, line 26, at end insert--
(“( ) Without prejudice to the generality of any of the preceding provisions of this section, regulations under section 56 or 68 may provide for all or any of the provisions of the regulations to apply only in relation to any area or areas specified in the regulations.")
Page 84, line 31, leave out (“person") and insert (“authority")
Page 84, line 32, leave out (“person") and insert (“authority")
Page 84, line 33, leave out (“he, or they,") and insert (“the authority, or the authority and the Treasury,")

On Question, amendments agreed to.

Clause 80 [Consequential amendments etc.]:

Baroness Hollis of Heigham moved Amendment No. 214:


Page 85, line 3, leave out paragraph (c)

On Question, amendment agreed to.

Schedule 12 [Consequential amendments]:

Baroness Hollis of Heigham moved Amendments Nos. 215 to 222:


Page 142, line 41, leave out from (“court") to (“make") in line 42 and insert (“shall not, in the same proceedings,")
Page 142, line 44, leave out (“nor
(b)") and insert--
(“(5) Where, as regards a pension arrangement, the parties to a marriage have in effect a qualifying agreement which contains a term relating to pension sharing, the court shall not--
(a) make an order under section 12A(2) or (3) of this Act; or
(b) make a pension sharing order,
relating to the arrangement unless it also sets aside the agreement or term under section 16(1)(b) of this Act.
(6) The court shall not").
Page 143, line 2, at end insert--
(“(7) In subsection (5) above--

13 Oct 1999 : Column 499


(a) “term relating to pension sharing" shall be construed in accordance with section 16(2A) of this Act; and
(b) “qualifying agreement" has the same meaning as in section 25(3) of the Welfare Reform and Pensions Act 1999."").
Page 143, leave out lines 17 to 24
Page 144, line 22, after (“or") insert (“sets aside or")
Page 145, line 26, at end insert--
(“Income and Corporation Taxes Act 1988 (c. 1)
12A. In section 659D(2) of the Income and Corporation Taxes Act 1988, for “24(1)" there is substituted “25(1)".")
Page 146, line 27, after (“paragraph") insert (“(a)")
Page 147, line 34, after (“after") insert (““this")

On Question, amendments agreed to.

[Amendment No. 223 not moved.]

Baroness Hollis of Heigham moved Amendments Nos. 224 to 262:


Page 148, line 6, after (“Part") insert (“III or")
Page 148, line 14, at end insert--
(“ . In section 183(3), for “and 97(1)" there is substituted “, 97(1) and 101I".")
Page 153, line 46, after (“(1)(a)") insert (“and")
Page 153, line 46, leave out (“and (2C)(c)(i)")
Page 155, line 9, at end insert--
(“(17) At the end of Part I insert--
“The Welfare Reform and Pensions Act 1999
43A. In section (Charges by pension arrangements in relation to earmarking orders) of the Welfare Reform and Pensions Act 1999 (charges by pension arrangements in relation to earmarking orders), for “section 23" substitute “section 22A or 23"."").
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, after (“creditors") insert (“(“the")
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")

13 Oct 1999 : Column 500


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, after (“creditors") insert (“(“the")
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 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 164, leave out line 22 and insert--
(“77. The Administration Act has effect subject to the following amendments.
77A. After section 140E insert--")
Page 164, line 43, at end insert--
(“77AA. In section 170(5) (enactments conferring functions in respect of which Social Security Advisory Committee is to advise)--
(a) in the definition of “the relevant enactments", after paragraph (ad) insert--
“(ae) sections 56, 68 and 75 of the Welfare Reform and Pensions Act 1999;"; and.
(b) in the definition of “the relevant Northern Ireland enactments", after paragraph (ad) insert--
“(ae) any provisions in Northern Ireland which correspond to sections 56, 68 and 75 of the Welfare Reform and Pensions Act 1999;".").
Page 164, line 43, at end insert--
(“77AAA. In section 189 (regulations and orders--general), after subsection (7) insert--
“(7A) Without prejudice to the generality of any of the preceding provisions of this section, regulations under any of sections 2A to 2C and 7A above may provide for all or any of the provisions of the regulations to apply only in relation to any area or areas specified in the regulations.").

13 Oct 1999 : Column 501


Page 164, line 43, at end insert--
(“77B. In section 190 (Parliamentary control of orders and regulations), in subsection (1) (instruments subject to the affirmative procedure), before the “or" at the end of paragraph (a) insert--
“(aa) the first regulations to be made under section 2A;"").
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)." ").

On Question, amendments agreed to.

Clause 81 [Transitional provisions]:


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