HL Deb 20 April 2004 vol 660 cc276-80

4 (1) Until the end of the initial period the NDA is to consist of just those members who have been appointed.

(2) As soon as practicable after his own appointment takes effect, the chairman must exercise the power to appoint a chief executive.

(3) Appointments of members other than the chairman and chief executive may be made during the initial period only after the appointment of the chief executive has taken effect.

(4) During the initial period the requirements of paragraph 9(1)—

  1. (a) do not apply to a decision to which the chairman is a party if it is made when the chairman is the only non-executive member; but
  2. (b) are not to be capable of being satisfied in relation to a decision made at any other time unless at least two non-executive members are parties to the decision.

(5) The chairman must ensure that proper records are kept of everything he does, while he is the only non-executive member, in the exercise or performance of powers or duties conferred or imposed on the non-executive members.

(6) In this paragraph "the initial period" means the period which begins with the commencement of so much of this Act as provides for the establishment of the NDA and ends with whichever of the following first occurs—

  1. (a) the time when an appointment takes effect that brings the number of members of the NDA up to seven;
  2. (b) the time specified as the end of the initial period in a notice given during that period by the Secretary of State to the NDA for the purposes of this paragraph."

On Question, amendment agreed to.

Schedule 2 [Procedural requirements applicable to NDA Is Strategy]:

Lord Whitty moved Amendment No. 31: Page 157, line 22, at end insert— () In this paragraph references to a designated installation, designated site or designated facility include references to an installation, site or facility designated by a direction which is not yet in force.

The noble Lord said: In moving Amendment No. 31, I shall speak also to Amendment No. 32. The Bill provides that the NDA is required to consult local authorities and other bodies in respect of designated sites, installations and other facilities. The amendments provide that the NDA is under a similar obligation where the designation in question is not yet in force. That is because the NDA will not take formal responsibility until 1 April 2005. However, it is important that it is required to consult those bodies once it has identified the sites and facilities and prior to the formal designation. The issue is fairly straightforward. I beg to move.

On Question, amendment agreed to.

Schedule 3 [Procedural requirements applicable to NDA 's annual plans]:

Lord Whitty moved Amendment No. 32: Page 160, line 13, at end insert— () In this paragraph references, in relation to the preparation or revision of a plan, to a designated installation, designated site or designated facility include references to an installation, site or facility designated by a direction which—

  1. (a) is not yet in force; but
  2. (b) is to come into force during the year to which the plan relates."

On Question, amendment agreed to.

Schedule 8 [Pensions]:

Lord Triesman moved Amendment No. 33: Page 184, line 43, after "securities" insert "of

The noble Lord said: My Lords, a large number of amendments and possibly the shortest speech is a gratifying combination. This group of amendments makes very minor drafting clarifications to Schedules 8 and 9. I can assure noble Lords that they do not in any way affect the purpose of those schedules. I beg to move.

On Question, amendment agreed to.

Lord Triesman moved Amendments Nos. 34 and 35: Page 185, line 25, after "employer" insert "or if his employer becomes the subsidiary of a particular body corporate Page 186, line 10, leave out "the

On Question, amendments agreed to.

Lord Triesman moved Amendment No. 36: Page 186, line 25, leave out "the trustee of the scheme" and insert— (a) the trustee of the scheme; and (b) such persons as appear to the NDA to represent the employees, or directors or other officers, likely to be affected by the modification.

The noble Lord said: My Lords, these amendments respond to the amendments tabled by my noble friends Lord Lea and Lord Brooke on Report. They extend the statutory right of employee consultation, first, to modifications of a relevant pension scheme—in practice, the BNFL group scheme—in Schedule 8(2), and, secondly, modifications of the NDA pension scheme. In practice, many of those modifications would have fallen within the original employee consultation requirements in the Bill. That is because the Bill as originally drafted already included statutory rights of employee consultation prior to transfer schemes or arrangements, where such schemes or arrangements require employees to leave their current pension schemes.

We anticipate that many of the modifications, certainly in relation to the NDA pension scheme, will be connected to such schemes or arrangements. Nevertheless, the Government are committed to ensuring that employees and their representatives will be consulted before anything is done to their pension schemes. That was the import of the amendments tabled by my noble friends Lord Lea and Lord Brooke. Extending the statutory right of consultation in that way therefore reinforces the undertakings given at earlier stages. I beg to move.

Lord Roper

My Lords, we are extremely grateful that this important amendment has been agreed. In the absence of the noble Lords, Lord Lea and Lord Brooke, I wish to say that we are very pleased that people have been given this appropriate response.

On Question, amendment agreed to.

Lord Whitty moved Amendments Nos. 37 to 49:

() Before making a modification under this paragraph the NDA must—
  1. (a) consult such persons as appear to it to represent the employees likely to be affected by the modificai ion; and
  2. (b) obtain the consent of the Secretary of State to the modification."
Page 195, line 3, leave out from "A" to "may" in line 5 and insert "UKAEA pension scheme"

On Question, amendments agreed to.

Schedule 9 [Taxation provisions relating to nuclear transfer schemes]:

Lord Whitty moved Amendment No. 50: Page 204, line 6, leave out "1988" and insert "Taxes

On Question, amendment agreed to.

Schedule 16 [Applications and proposals for notices under section 95]:

Lord Whitty moved Amendment No. 51: Page 231, line 2, after "the" insert "safety zone

On Question, amendment agreed to.

Schedule 20 [Conduct of energy administration]:

Lord Whitty moved Amendment No. 52: Page 246, line 41, after "proposed" insert "remedy,

The noble Lord said: My Lords, in moving Amendment No. 52, I shall speak also to Amendment No. 53. They remedy two very minor drafting errors in Schedule 22. The schedule provides for Schedule B1 to the Insolvency Act 1986 to have effect in relation to energy administration, amended to allow for the circumstances of energy administration. To be legally exact, I beg to move this last amendment of the evening.

On Question, amendment agreed to.

Lord Whitty moved Amendment No. 53: Page 247, line 4, leave out "making" and insert "the making of

On Question, amendment agreed to.

An amendment (privilege) made.

Lord Whitty

My Lords, I beg to move that the Bill do now pass.

Moved, That the Bill do now pass.—(Lord Whitty.)

On Question, Bill passed, and sent to the Commons.