HC Deb 20 May 1999 vol 331 c1328

Amendments made: No. 66, in page 72, line 28, at end insert—

`Income payments orders against pension payments

1YA. In section 32(2) of the Bankruptcy (Scotland) Act 1985 (vesting of estate, and dealings of debtor, after sequestration), at the beginning insert "Notwithstanding anything in section 11 or 12 of the Welfare Reform and Pensions Act 1999,".

1ZA. In section 310(7) of the Insolvency Act 1986 (bankrupt's income against which income payments orders may be made includes certain payments under pension schemes), after "employment and" insert "(despite anything in section 11 or 12 of the Welfare Reform and Pensions Act 1999)".'.

No. 67, in page 73, line 22, at end insert— 'Effect of certain orders on guaranteed minimum pensions . In section 47 of the Pension Schemes Act 1993 (entitlement to guaranteed minimum pension for the purposes of the relationship with social security benefits), after subsection (6) (which is inserted by section 26(4) of this Act) add—

"(7) For the purposes of section 46, a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled but for any order under section 342A of the Insolvency Act 1986 (recovery of excessive pension contributions) or under section 36A of the Bankruptcy (Scotland) Act 1985."'.

No. 46, in page 74, line 31, at end insert—

'5A. In section 3(2)(b) of the Pensions Act 1995 (power of Authority to remove pension scheme trustee to whom section 3 applies by virtue of any other provision of Part I of the Act), for "this Part" substitute "this or any other Act".'.

No. 32, in page 76, line 10, at end insert—

`Diligence against pensions: Scotland 12A. In section 94(3) of the Pensions Act 1995 (application of sections 91 and 92 to Scotland), at the end insert—

"(f) after subsection 91(4) there is inserted—

"(4A) Subject to section 73(3)(d) of the Debtors (Scotland) Act 1987, nothing in this section prevents any diligence mentioned in section 46 of that Act being done against a pension under an occupational pension scheme?'"' '.—[Mr. Kevin Hughes.]

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