Amendments made: In page 119, line 35, after second "of" insert:
the Commission or of".
In page 120, line 9, leave out "a Board" and insert:
by a Board or the Holding Company".
In line 19, at end insert:
with any necessary modifications.
(3) An order under the said section seventy-one may amend or revoke an order under this paragraph".
§ In line 27, leave out "or to the Holding Company".
§ In line 35, leave out "provisions of" and insert "re-organisation effected by".
§ In line 43, leave out "provisions of" and insert "re-organisation effected by".
In line 49, leave out from beginning to end of line 2 on page 121 and insert:
(b) for modifying contributory pension schemes so as to afford to persons who become employees of any such body after the vesting date opportunities for participation similar to those afforded to persons who are in comparable service with the body and who entered the employment of the body on or before the vesting date.
In page 121, line 12, at end insert:
and the Holding Company".
In line 14, leave out from "applies" to end of line 29 and insert:
in accordance with the arrangements under which the Commission were making those payments.
§ (3) A scheme under this paragraph—
- (a) may require the Boards and the Holding Company to give to the persons by whom payments will be receivable in accordance with the scheme information as to the effect of the scheme, and
- (b) may provide for any of those bodies contributing to the expenses incurred by any other of them, and
- (c) may contain such other supplemental, incidental and consequential provisions as appear to the Commission expedient.
§ (4) The Commission shall submit any such scheme to the Minister and, if the Minister is satisfied that responsibility for the payments is distributed among the said bodies in an appropriate manner and that the scheme contains sufficient particulars to enable them to discharge their duties under the scheme, he may approve the scheme.
§ (5) Notice that the scheme has been so approved shall be published by the Commission in the London and Edinburgh Gazettes.
§ (6) The payments which the Boards and the Holding Company are respectively to make in accordance with a scheme approved under this paragraph shall be recoverable by proceedings in any court of competent jurisdiction.
§ (7) An order under section seventy-one of this Act may vary the provisions of a scheme under this paragraph.297
§ 16.—(1) If it appears to the Minister that any pensions for persons employed before, but retiring after, the vesting date, or any other pensions payable after the vesting date (other than by way of continuing periodical payments which the Commission have been making in the period before the vesting date) would be receivable, although not as of right, under arrangements made by or with the Commission before the vesting date and that they ought to be receivable as of right, he may by order direct the Commission by a scheme under the last foregoing paragraph to distribute among the Boards and the Holding Company responsibility for making payments under the arrangements specified in the order.
§ (2) An order under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament".
In line 45, at end insert:
(2) If at any time after the vesting date the Minister is satisfied, or it is determined under the next following sub-paragraph, that regulations under the said section ninety-eight have failed to secure the result mentioned in subsection (3) of that section (that is to say that certain persons having pension rights are not placed in any worse position by reason of provisions of the regulations), the Minister shall as soon as possible exercise the power conferred on him by section seventy-one of this Act to make the necessary amendments.
In line 46, after "If", insert:
(a) any dispute arises between the Minister and any persons as to whether the said result has been secured by any regulations under the said section ninety-eight, or
§ In line 49, after "the" insert "dispute or".
In page 122, line 2, leave out "that decision" and insert:
any determination under paragraph (b) of this sub-paragraph".—[Mr. Marples.]
§ Schedule, as amended, agreed to.
§ Then The CHAIRMAN left the Chair to report the Bill, as amended, to the House, pursuant to Order [7th March.]
§ Bill reported, with Amendments; as amended (in the Standing Committee and on recommittal), considered.