WELFARE REFORM AND PENSIONS BILL - GOVERNMENT AMENDMENTS FOR COMMITTEE STAGE
19. Baroness Hollis of Heigham, the Minister
in charge of this bill in the House of Lords, has written to the
Chairman drawing the Committee's attention to Government amendments
tabled on 16 June which either introduce new delegated powers
or affect delegated powers currently in the bill. The Minister's
letter sets out the Government's case for the amendments. The
Committee has considered these amendments and agreed this report
so that its views are known when the House considers the amendments
at Committee stage.
AMENDMENT "PAGE 6, LINE 16, AT END INSERT..."
20. This subsection, to be added to clause 8,
confers a new power to make regulations the affect of which would
be that a stakeholder pension of a prescribed description will
be treated as a personal pension scheme rather than an occupational
pension scheme. Clause 78(2) attracts negative procedure. The
Committee considers that the delegated power and the Parliamentary
control provided are both appropriate.
AMENDMENTS CONSEQUENTIAL ON DECISION TO POSTPONE COMMENCEMENT OF PART II OF THE FAMILY LAW ACT 1966
21. Lady Hollis explains the circumstances which
have made it necessary to make these largely technical amendments.
The only amendment affecting delegated powers is the new clause
to follow clause 22. That provides for the possibility that amendments
made by the Family Law Act 1996 or Part II or IV of the Matrimonial
Causes Act 1973 may come into force before Part III (pension sharing)
of the bill is in force. There would then be a need for consequential
amendment of Part III and the new clause provides for this by
giving the Lord Chancellor a Henry VIII power subject to affirmative
procedure. The Committee can see no other solution for this, and
considers that the affirmative procedure will provide adequate
22. The Committee considers that the new powers
contained in the amendments are appropriate for delegation and
are subject to appropriate Parliamentary control.
2 This report is also published on the Internet at
the House of Lords Select Committee Home Page (http://www.parliament.uk),
where further information about the work of the Committee is also