Welfare Reform Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING
The amendments have been marshalled in accordance with the Order of 13th October 2009, as follows—
[Amendments marked * are new or have been altered]
Amendment
No.
| 1 | Page 35, line 24, at end insert— |
| "( ) | In section 37(1)(c) of that Act (regulations subject to the affirmative resolution procedure), after "or paragraph" insert "8B or"." |
| 2 | Page 36, line 33, after "paragraph" insert "5A or" |
| | BARONESS TURNER OF CAMDEN |
| 3 | Page 41, line 11, leave out "may" and insert "shall" |
| 4 | Page 41, leave out lines 13 to 15 and insert "(council tax benefit) to be known instead, either generally or in cases prescribed by the order, as council tax rebate." |
| 5 | Page 41, line 17, leave out "the relevant" and insert "council tax" |
| 6 | Page 41, line 19, leave out "the relevant" and insert "council tax" |
| | BARONESS TURNER OF CAMDEN |
| 7 | Page 41, line 32, leave out subsections (6) and (7) and insert— |
| "(6) | The first draft order made under subsection (1) may not be made unless the draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament. |
| (7) | The draft of the statutory instrument containing the first order made under subsection (1) shall be laid before each House of Parliament within three months of the coming into force of this Act. |
| (8) | Any subsequent order made under subsection (1) may not be made unless a draft of the statutory instrument containing the order has been laid before and approved by a resoluton of, each House of Parliament." |
| 8 | Page 49, line 33, at end insert— |
| "(7) | The power to make an order under subsection (1) or (5) is exercisable by statutory instrument." |
| 9 | Insert the following new Clause— |
| | "Report on operation of travel authorisation amendments |
| (1) | The Secretary of State must prepare a report on the operation during the review period of the amendments of the 1991 Act made by section 50 and Schedule 5 so far as those amendments relate to the disqualification of any person for holding or obtaining a travel authorisation. |
| (2) | "The review period" is the period of 24 months beginning with the day on which section 50 and Schedule 5 come into force in relation to the disqualification of any person for holding or obtaining a travel authorisation. |
| (3) | The Secretary of State must— |
| (a) | prepare the report, and |
| (b) | lay it before Parliament, |
| | within 6 months from the end of the review period. |
| (4) | The continued effect of the travel authorisation amendments depends on whether the Secretary of State makes an order under this subsection within the relevant period providing for those amendments to continue to have effect. |
| (5) | "The relevant period" means the period of 30 days beginning with the day on which the report is laid before Parliament; and, in reckoning this period, no account is to be taken of any time during which Parliament— |
| (a) | is dissolved or prorogued, or |
| (b) | is adjourned for more than 4 days. |
| (6) | If no order is made as mentioned in subsection (4), the Secretary of State must instead make an order under this subsection containing such amendments of the 1991 Act as the Secretary of State considers necessary to secure that the effect of the travel authorisation amendments is reversed. |
| (7) | The effect of the travel authorisation amendments is to be regarded as reversed if the 1991 Act is amended so that it has the same effect in relation to the disqualification of any person for holding or obtaining a travel authorisation as it would have had if this Act had not been passed. |
| (8) | An order under subsection (6) may contain consequential provision and transitional provision or savings. |
| (9) | The consequential provision that may be made by an order under subsection (6) includes, in particular, provision amending, repealing or revoking— |
| (a) | any provision of any Act passed before the making of the order, or |
| (b) | any provision of any instrument made under any Act before the making of the order. |
| (10) | Any power to make an order under this section is exercisable by statutory instrument. |
| (11) | An order under subsection (4) may not be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament. |
| (12) | A statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament. |
| | "the 1991 Act" means the Child Support Act 1991 (c. 48); |
| | "travel authorisation" has the same meaning as in section 39B of the 1991 Act; |
| | "the travel authorisation amendments" means the amendments of the 1991 Act made by section 50 and Schedule 5 so far as relating to the disqualification of any person for holding or obtaining a travel authorisation." |
| 10 | Page 78, line 7, at end insert "and a subsequent interview (a "drugs interview") with an approved person to discuss any matters arising out of that assessment" |
| 11 | Page 78, line 32, at end insert "or a drugs interview" |
| 12 | Page 78, line 34, after "assessment" insert "or drugs interview" |
| 13 | Page 78, line 35, at end insert— |
| | "(4A) Regulations under this paragraph may, in particular, make provision for a requirement imposed on a person ("P") under this paragraph to cease to have effect if— |
| (a) | P agrees to provide a sample, in accordance with instructions given by an approved person, for the purpose of ascertaining whether there is or has been any drug in P's body, and |
| (b) | the sample provided indicates that no drug is or has been in P's body." |
| 14 | Page 80, leave out lines 12 to 37 |
| 15 | Page 80, line 38, leave out from beginning to end of line 17 on page 82 and insert— |
| | "Voluntary and mandatory rehabilitation plans |
| | 5A (1) Regulations may make provision for or in connection with— |
| (a) | securing that a person ("P") who at any time complies with a voluntary rehabilitation plan is not required to meet the jobseeking conditions at that time; and |
| (b) | suspending any jobseeker's agreement to which P is a party for any period during which P complies with a voluntary rehabilitation plan. |
| (2) | Regulations under this paragraph may include provision for the consequences set out in sub-paragraph (1)(a) and (b) to follow only if the Secretary of State is satisfied that— |
| (a) | P is dependent on, or has a propensity to misuse, any drug, and |
| (b) | P's dependency or propensity is a factor affecting P's prospects of obtaining or remaining in work. |
| (3) | For the purposes of this paragraph a "voluntary rehabilitation plan" is an agreement entered into by the Secretary of State and P under which P agrees to take one or more of the following steps. |
| (a) | submitting to treatment by or under the direction of a person having the necessary qualifications or experience, |
| (b) | taking part in specified interviews, and specified assessments, at specified places and times, and |
| (c) | taking such other steps (if any) as may be specified, |
| | with a view to the reduction or elimination of P's dependency on, or propensity to misuse, the drug in question. |
| (5) | The treatment may be— |
| (a) | treatment as a resident in a specified institution or place, or |
| (b) | treatment as a non-resident at a specified institution or place, and at specified intervals. |
| (6) | Regulations under this paragraph may, in particular, make provision— |
| (a) | as to the maximum period for which a person may benefit from the provision made by the regulations; |
| (b) | about the form of voluntary rehabilitation plans (including provision as to their signing); |
| (c) | about the review, variation and revocation of voluntary rehabilitation plans; |
| (d) | for securing that a person who agrees to comply with a voluntary rehabilitation plan provides information, and such evidence as may be prescribed, as to compliance with the plan. |
| (7) | A jobseeker's allowance may also be known as a "treatment allowance" at any time when— |
| (a) | it is payable in respect of a person to whom this paragraph applies, or |
| (b) | it is payable in respect of a joint-claim couple both members of which are persons to whom this paragraph applies. |
| (8) | In this paragraph "specified", in relation to a voluntary rehabilitation plan, means specified in or determined in accordance with the plan. |
| | 6 (1) Regulations may make provision for or in connection with imposing on a person a requirement to comply with a mandatory rehabilitation plan. |
| (2) | Regulations under this paragraph must include provision for securing that a person is subject to the requirement mentioned in sub-paragraph (1) at any time only if— |
| (a) | the person has not at that time agreed to comply with a voluntary rehabilitation plan under paragraph 5A, and |
| (b) | the Secretary of State is satisfied as mentioned in sub-paragraph (2) of that paragraph. |
| (3) | For the purposes of this paragraph a "mandatory rehabilitation plan" is a document— |
| (a) | which is provided to the person by the Secretary of State, and |
| (b) | which contains one or more of the following requirements. |
| (4) | The requirements are that the person— |
| (a) | must attend an educational programme at a specified place and at specified times, |
| (b) | must take part in specified interviews, and specified assessments, at specified places and times, and |
| (c) | must take such other steps (if any) as may be specified, |
| | with a view to the reduction or elimination of the person's dependency on, or propensity to misuse, the drug in question. |
| (5) | Nothing may be specified in a mandatory rehabilitation plan which requires a person to submit to medical or surgical treatment. |
| (6) | Regulations under this paragraph may, in particular, make provision— |
| (a) | as to the involvement of a person in determining the particular requirements to be contained in a mandatory rehabilitation plan with which the person is to be required to comply; |
| (b) | about the form of mandatory rehabilitation plans (including provision as to their signing); |
| (c) | about the review, variation and revocation of mandatory rehabilitation plans; |
| (d) | for securing that a person who is required to comply with a mandatory rehabilitation plan provides information, and such evidence as may be prescribed, as to compliance with the plan. |
| (7) | Regulations under this paragraph may not impose a requirement on a person at any time unless the person would (apart from the regulations) be required to meet the jobseeking conditions at that time. |
| (8) | In this paragraph "specified", in relation to a mandatory rehabilitation plan, means specified in or determined in accordance with the plan." |
| 16 | Page 83, line 8, at end insert— |
| | 7A (1) Regulations may make provision for or in connection with authorising the supply of information, other than excluded information, held by— |
| (b) | the probation service, or |
| (c) | such other person as may be prescribed, |
| | to a person within sub-paragraph (2) for use for the purposes of any provision of this Schedule. |
| (2) | The persons within this sub-paragraph are— |
| (a) | the Secretary of State; |
| (b) | a person providing services to the Secretary of State; |
| (c) | an approved person (within the meaning of paragraph 2). |
| (3) | Information supplied under the regulations may not be supplied by the recipient to any other person unless— |
| (a) | it could be supplied to that person under the regulations; |
| (b) | it is supplied for the purposes of any civil or criminal proceedings; or |
| (c) | it is required to be supplied under any enactment. |
| (4) | In sub-paragraph (1) "excluded information" means any information relating to or acquired as a result of— |
| (a) | the provision of medical or surgical treatment or care, or |
| (b) | the provision of services by a social worker, |
| | other than information as to whether a person is having (or has had) treatment in respect of the person's use of any drug. |
| (5) | In sub-paragraph (1) "the probation service" means— |
| (a) | in England and Wales, a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 or a provider of probation services; |
| (b) | in Scotland, a local authority within the meaning of the Social Work (Scotland) Act 1968." |
| 17 | Page 83, line 27, at end insert— |
| "(4) | In paragraph 19 of Schedule 1 (treatment of information), as inserted by section 33(3) of this Act, after "this Act" insert "(other than paragraph 7A of Schedule A1)"." |
| 18 | Page 83, line 33, after "3" insert ", 5A" |
| 19 | Page 85, line 39, after "assessment" insert ", and a subsequent interview (a "drugs interview") with an approved person to discuss any matters arising out of that assessment," |
| 20 | Page 86, line 21, after "assessment" insert "or a drugs interview" |
| 21 | Page 86, line 23, after "assessment" insert "or drugs interview" |
| 22 | Page 86, line 24, at end insert— |
| | "(4A) Regulations under this paragraph may, in particular, make provision for a requirement imposed on a person ("P") under this paragraph to cease to have effect if— |
| (a) | P agrees to provide a sample, in accordance with instructions given by an approved person, for the purpose of ascertaining whether there is or has been any drug in P's body, and |
| (b) | the sample provided indicates that no drug is or has been in P's body." |
| 23 | Page 88, leave out lines 1 to 26 |
| 24 | Page 88, line 27, leave out from beginning to end of line 43 on page 89 and insert— |
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