Select Committee on Delegated Powers and Deregulation Nineteenth Report



WELFARE REFORM AND PENSIONS BILL - GOVERNMENT AMENDMENTS FOR COMMITTEE STAGE

INTRODUCTION

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 Parliamentary control.

RECOMMENDATION

22.  The Committee considers that the new powers contained in the amendments are appropriate for delegation and are subject to appropriate Parliamentary control.[2]


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 available. Back

 
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