HC Deb 01 April 1981 vol 2 cc301-2

'(1) A fund to which this section applies is one (whether described by the addition thereto of the attribute "welfare", "benevolent" or "mutual aid" or by the addition thereto of any other attribute) the objects of which consist in, or include the provision for—

  1. (a) persons who are, or have been, employees of the Post Office, or for such persons of any class of description; or
  2. (b) for the relatives and dependants of any persons who are or have been, so employed, or of such persons of any class or description,
of benefits in case of need, sickness or distress, and a society or organisation to which this section applies is one (however described) the objects of which are similar; and in this section— managers"in relation to a fund, society or organisation, means the trustees committee or other persons entrusted with its management; relevant body" means the Corporation or any of its subsidiaries or any subsidiary of the Post Office.

(2) The provisions of the trust deed, rules, regulations or other instrument constituting or regulating a fund, society or organisation to which this section applies may, by resolution of the managers of the fund, society or organisation, be altered—

  1. (a) so as to permit persons who are employees (past or present) of a relevant body or persons who are members of a class of persons of that description, to become members of, or subscribers to, the fund, society or organisation;
  2. (b) so as, in the case of persons of the said description or persons who are members of a class of persons of that description, to entitle them and persons claiming in right of them (subject to such, if any, terms and conditions as may be specified in the resolution) to receive benefits from the fund, society or organisation if, and to the extent that, they would be entitled to receive benefits therefrom if employment by a relevant body were employment by the Post Office;
but so that no alteration be made that alters the character of the fund, society or organisation.

(3) If a resolution of the managers of a fund, society or organisation to which this section applies so provides—

  1. (a) any reference in the trust deed, rules, regulations or other instrument constituting or regulating the fund, society or organisation to the Post Office (not being a reference in a context referring, in whatever terms, to persons employed by the Post Office or persons so employed of a specified description) shall be construed as referring (or, if the context so requires, as including a reference) to a relevant body; and
  2. (b) any reference in that instrument, in whatever terms, to persons so employed or persons so employed of a specified description shall be construed as referring (or, if the context so requires, as including a reference) 302 to persons employed by a relevant body or, as the case may be, to persons so employed of a corresponding description.

(4) For the purposes of a resolution deriving validity from this section, the definition of a class of persons may be framed by reference to any circumstances whatever.'.—[Mr. Michael Marshall.]

Brought up, and read the First time.

The Under-Secretary of State for Industry (Mr. Michael Marshall)

I beg to move, that the clause be read a Second time.

Mr. Speaker

With this, we may take Government amendment No. 56.

Mr. Marshall

The effect of the new clause and the consequential amendment is to extend clause 54, which already enables the managers of welfare funds to change their rules by resolution, to allow past or present employees of BT or its wholly owned subsidiaries to belong to the trusts or to allow their dependants to receive benefits.

The proposal removes the need for what may be a lengthy formal procedure to make such changes. The clause is to be extended so that similar changes can be made in respect of employees of any subsidiary of either BT or the Post Office. The extended clause will relate to both corporations and therefore has to be moved to part III of the Bill. Clause 54 will then be unnecessary.

There seems to be no reason why welfare funds should not be able to extend their coverage in this way without undue difficulty, and I hope that the House will agree with the obvious good sense of the new clause.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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