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Amendments to the Child Support, Pensions and Social Security Bill

Child Support, Pensions and Social Security Bill -
Amendments to be debated in the House of Lords

Here you can browse the Second Marshalled List of Amendments to the Child Support, Pensions and Social Security Bill to be moved on Report in the House of Lords.

     The amendments have been marshalled in accordance with the Order of 25th May 2000, as follows-- 
 Clauses 38 to 56
Schedule 5
Clauses 57 to 68
Schedule 6
Clause 69
Schedule 7
Clauses 70 to 82
Clauses 85 and 86
Schedule 9
Clauses 87 and 88
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 38
 
  
BY THE LORD RIX
 
74     Page 33, line 22, after ("provide,") insert ("subject to subsection (4C) below,") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
75     Page 33, line 36, at end insert--
 
    (""(4B)  The regulations shall be based on the presumption that claimants have received incorrect or incomplete information unless the Secretary of State provides proof that the information the claimant received was correct and complete."")
 
  
BY THE LORD RIX
 
76     Page 33, line 36, at end insert--
 
    ("(4C)  A person shall be deemed to have received incomplete or incorrect information and to have relied on it if--
    (a)  they read one of the relevant Benefits Agency leaflets and took the incorrect or incomplete information contained in it into account when making a decision about their own pension arrangements, or
    (b)  on or before 6 October 2002, they have a serious mental disability and as a result they are incapable of establishing a claim and they are likely to remain incapable throughout the duration of the scheme."")
 
  
BY THE BARONESS GREENGROSS
 
76A     Page 33, line 36, at end insert--
 
    ("(  )  In making provision as to whether a person received incorrect or incomplete information, the regulations shall take account of the circumstances where a person has reasonably expected to have been informed about the SERPS reduction."")
 
  
Clause 39
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
77     Page 34, line 6, at end insert--
 
    ("(7B)  Information required to be provided pursuant to regulations under sub-paragraph (7A) must be provided by the end of the first year following the year in which the qualifying caring activity took place."")
 
  
After Clause 42
 
  
BY THE BARONESS FOOKES
THE LORD GOODHART
 
78     Insert the following new Clause-- 
     ("  .  The Secretary of State for Social Security shall consult the relevant Governments about a full or partial uprating of British state retirement pensions for British pensioners living overseas and report on his findings and recommendations within one year of this Act receiving Royal Assent.")Consultation on pension uprating: residence outside Great Britain.
79     Insert the following new Clause-- 
     ("  .--(1)  The Social Security Contributions and Benefits Act 1992 shall be amended as follows.
 
    (2)  In section 119 (persons outside Great Britain), at the beginning there shall be inserted "Subject to section 119A".
 
    (3)  After section 119 there shall be inserted--
Entitlement to pension etc, uprating: residence outside Great Britain.
 <~et>Entitlement to pension etc uprating (residence outside Great Britain).     119A.  Notwithstanding the provisions of any other enactment, no person who is entitled to a retirement pension under Part II or III of this Act shall be disqualified by reason of residence outside Great Britain from any benefit under this Act, or any uprating of any such benefit, if he would have been entitled to such benefit or such uprating if he had instead been resident in Great Britain.""). 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
80     Insert the following new Clause-- 
      ("  .  The Secretary of State shall make regulations to ensure full transferability on a present value basis between all state pension schemes for all members.")Transferability of state pensions.
81     Insert the following new Clause-- 
      ("  .  Where rebates or extra monies are payable in respect of additional pensions they shall be applied as follows--
    (a)  rebates shall be paid into contracted-out money purchase schemes; and
    (b)  extra monies shall be applied to contracted-out salary-related schemes.")
Additional pensions: use of rebates and extra monies.
  
Clause 43
 
  
BY THE BARONESS TURNER OF CAMDEN
 
82     Page 37, line 42, at end insert--
 
    ("(  )  After subsection (3)(a) there shall be inserted--
    (aa)  that the employer shall have no part in the selection of member-nominated trustees, and".")
 
  
BY THE BARONESS TURNER OF CAMDEN
THE LORD ASTOR OF HEVER
THE LORD HIGGINS
 
83     Page 38, line 41, at end insert--
 
    ("(10)  The Secretary of State shall make regulations providing that all trustees should be required to have attended an approved training course explaining the role and responsibilities of trustees within six months of being either elected as a member-nominated trustee or appointed as a trustee by the scheme's sponsoring employer.
 
    (11)  These regulations shall also prescribe the content of such an approved training course.
 
    (12)  The failure of a trustee to attend such a course within six months of being either elected or appointed as a trustee shall nullify the trustee's election or appointment.")
 
  
After Clause 46
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
84     Insert the following new Clause-- 
 ("Power to determine qualifying members 
      .  In section 125(4) of the Pensions Act 1995, after paragraph (a), there shall be inserted--
    (aa)  determine who is to be treated as a qualifying member;"")
Power to determine qualifying members of occupational pension schemes.
  
BY THE BARONESS TURNER OF CAMDEN
 
85     Insert the following new Clause-- 
      (".--(1)  The Secretary of State shall make regulations providing for the trustees or managers of an occupational pension scheme to provide a written statement about the governance of the scheme.
 
    (2)  The statement must cover, among other things--
    (a)  the trustees' or managers' confirmation that they have undertaken a review of the governance arrangements and procedures of the scheme, and
    (b)  their policy about keeping such arrangements and procedures under regular review.
    (3)  The regulations shall also prescribe the circumstances when the Occupational Pensions Regulatory Authority ("the Authority") may require such a statement, the time period for providing the statement and the sanctions if a statement is not provided to the Authority within the time limits prescribed.")
Statement of governance of occupational pension schemes.
  
Clause 47
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
86     Page 45, leave out line 19 and insert--
    ("(e)  a provider of insurance or investment services to the scheme;")
 
  
Clause 48
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
87     Page 47, line 6, at end insert--
 
    ("(  )  The exercise of this power shall be subject to the jurisdiction of the court on application of any interested party.")
 
  
Clause 49
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
88     Page 48, line 28, leave out ("Subject to subsection (4),") 
89     Page 48, leave out lines 34 to 39 and insert--
 
    ("(4)  Any report made under this section shall be available to any member of the scheme on request.")
 
90     Page 48, leave out lines 40 and 41 and insert--
 
    ("(5)  Any copies of the report requested under subsection (4) above shall be provided free of charge within seven days of receiving the request.")
 
91     Page 48, leave out lines 42 to 45 
92     Page 49, line 9, leave out from ("(4)") to end of line 12 
  
Clause 50
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
93     Page 52, line 3, at end insert ("or
    (c)  the Authority has made an order under section 11")
 
94     Page 53, leave out line 4 and insert--
    ("(e)  a provider of insurance or investment services to the scheme;")
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
95     Page 53, line 37, leave out ("not") 
96     Page 53, line 43, at end insert--
 
    ("(6)  The Secretary of State shall make regulations to provide for an appeal procedure to resolve questions relating to reasonable excuse and the provision of information relating thereto which may arise from the operation of subsection (5) above."")
 
  
After Clause 51
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
97     Insert the following new Clause-- 
      ("  .  There shall be no requirement for a holder of a stakeholder, personal, occupational or other defined contributory pension to take the pension in the form of an annuity by a specified age.")Removal of restriction on pension annuities.
  
Clause 53
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
98     Leave out Clause 53 
  
Clause 54
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
99     Page 57, line 30, at end insert (", and
    (d)  give every party to a complaint and every person against whom allegations are made in the complaint an opportunity to make oral representations to him, limited to a maximum period of one hour for each party or person except in exceptional cases where he deems that additional time is required")
 
100     Leave out Clause 54 
  
Schedule 5
 
  
BY THE LORD HIGGINS
THE BARONESS BUSCOMBE
THE LORD ASTOR OF HEVER
 
101     Page 119, line 29, leave out (""other benefits" there shall be inserted") and insert (""payment of" there shall be inserted "all of his pension or other benefits"") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
102     Page 122, leave out lines 6 to 8 and insert--
    (""(d)  subject to subsection (5A), the annual rates of the pensions under the scheme are increased by at least the appropriate percentage or, where the rules require the pensions to be increased at intervals of not more than 12 months, by at least the relevant percentage,".")
 
103     Page 122, leave out lines 10 to 23 and insert--
 
    (""(5A)  Nothing in this section shall require the provision of an increase in the annual rate of a pension under the scheme in respect of any period for which it was in payment prior to the date that the power to make a payment to the employer is exercised."")
 
104     Page 122, line 27, leave out ("has the same meaning") and insert (", `appropriate percentage' and `relevant percentage' have the same meanings") 
  
Clause 57
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
105     Page 60, line 27, leave out ("on that ground") 
  
Clause 58
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
106     Leave out Clause 58 
  
Clause 60
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
107     Page 62, line 14, after ("qualified") insert (", persons with knowledge or experience of service in Her Majesty's naval, military or air forces") 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
108     Page 62, line 14, leave out ("other persons") and insert ("persons with knowledge or experience of service in Her Majesty's naval, military or air forces") 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
109     Page 62, line 27, leave out from ("2") to ("it") in line 28 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
110     Page 62, line 29, leave out ("have regard to the desirability of having") and insert ("appoint") 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
111     Page 62, leave out lines 31 and 32 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
112     Page 62, line 31, leave out from ("with") to ("and") in line 32 and insert ("similar military experience") 
  
Clause 61
 
  
BY THE LORD HIGGINS
THE LORD ASTOR OF HEVER
THE BARONESS BUSCOMBE
 
113     Page 64, line 12, leave out ("one"") and insert ("three"") 
114     Page 64, line 15, leave out ("one person from one of the") and insert ("three people from war pensions") 
 
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Prepared 26 June 2000