§
Amendments made: No. 43, in page 23, line 37, after 'person', insert—
'(a) who is or has been in pensionable service under the scheme, as defined in paragraph 3 of Schedule 16 to the 1973 Act or paragraph 3 of Schedule 3 to the Social Security Pensions (Northern Ireland) Order 1975, or
§ (b)'.
§
No. 53, in page 23, line 39, at end insert—
'or under Article 2(5) of the Social Security Pensions (Northern Ireland) (S.I. 1975/1503 (N.I. 15)) Order 1975 as a member in relation to the scheme for the purposes of Part IV or V of that Order;
Northern Ireland public service pension scheme" means a public service pension scheme, within the meaning of Article 2(2) of that Order;'.
§
No. 52, in page 22, line 20, after 'Act', insert
'or any corresponding legislation having effect in Northern Ireland'.
§
No. 38, in page 22, line 31, at end insert
'and any function of the Pensions Ombudsman, other than the determination of complaints made and disputes referred under this Part of this Act, may be performed by any member of that staff who is authorised for that purpose by the Pensions Ombudsman.'.
§
No. 39, in page 23, line 11, at end insert—
'(2(A) The Secretary of State may by regulations provide that, subject to any modifications or exceptions specified in the regulations, this Part of this Act shall apply in relation to—
1132
- (a) the employer in relation to any description or category of employment to which an occupational pension scheme relates or has related; or
- (b) any prescribed person or body of persons concerned with the financing or administration of, or the provision of benefits under, any occupational or personal pension scheme,
§ as it applies in relation to the trustees or managers of such a scheme.
§ (2B) The Pensions Ombudsman may investigate a complaint or dispute notwithstanding that it arose, or relates to a matter which arose, before the coming into force of this Part of this Act.'.
§ No 40, in page 23, line 31, at end insert '(i)'.
§ No 41, in page 23, line 34, after first 'person' insert ';or
§ (ii) whether a person who claims to be entitled to become a member of the scheme is so entitled,',
§
No 42, in page 23, line 35, at end insert—
'employer", in relation to a pension scheme, includes a person—
- (a) who is or has been an employer in relation to the scheme, or
- (b) who is or has been treated under section 66(3) below as an employer in relation to the scheme for the purposes of Part III or IV of this Act, or under Article 2(4) of the Social Security Pensions (Northern Ireland) Order 1975 as an employer in relation to the scheme for the purposes of Part IV or V of that Order;'.
§
No. 54, in page 23, line 41, after 'scheme', insert
'or a Northern Ireland public service pension scheme'.
§
No. 44, in page 25, line 34, leave out from 'making' to end of line 36 and insert
'and investigation of complaints under this Part of this Act.
(2A) Subsection (2) above is without prejudice to the powers conferred by section 10 of the Tribunal and Inquiries Act 1971 to make rules with respect to the procedure which is to be followed in connection with the reference and investigation of disputes under this Part of this Act'.
§
No. 45, in page 25, line 37, after 'rules', insert
'referred to in subsections (2) and (2A) above'.
§
No. 46, in page 25, line 38, leave out 'such an investigation' and insert
'an investigation under this Part of this Act'.
§
No. 55, in page 25, line 44, after Ace, insert
'or under any corresponding legislation having effect in Northern Ireland'.
§
No. 47, in page 26, line 23, leave out
'by way of case stated'.
§
No. 79, in page 26, line 29, at end insert—
'(9) Subsections (4) and (5) above shall be construed, in their application to Scotland, as if contempt of court were in Scots law categorised as an offence.'.
§
No. 56, in page 26, line 39, after 'Act', insert
'or under any corresponding legislation having effect in Northern Ireland'.
§
No. 48, in page 27, line 1, leave out
'by way of case stated'.
§
No. 80, in page 27, line 7, after 'enforceable', insert—'
(a) in England and Wales,'.
§
No. 81, in page 27, line 8, at end insert ';
and
(b) in Scotland, by the sheriff, as if it were a judgment or order of the sheriff and whether or not the sheriff could himself have granted such judgment or order.'.
§
No. 49, in page 27, line 8, at end insert—
'(6) If the Pensions Ombudsman considers it appropriate to do so in any particular case, he may publish in such form and manner as he thinks fit a report of any investigation under this Part of this Act and of the result of that investigation.
(7) For the purposes of the law of defamation, the publication of any matter by the Pensions Ombudsman—
- (a) in submitting or publishing a report under section 59B(6) or subsection (6) above, or
- (b) in sending to any person a statement under subsection (1) above or a direction under subsection (2) above,
shall be absolutely privileged.'.—[Mr. Newton.]