HC Deb 03 April 2000 vol 347 cc745-6

Amendments made: No. 30, in page 31, line 25, leave out "Pension Schemes Act 1993" and insert "1993 Act".

No. 31, in page 31, line 26, leave out— `Social Security Contributions and Benefits Act 1992'

and insert "1992 Act".

No. 32, in page 31, line 30, leave out subsection (2) and insert—

  1. '(2) Subsection (1) shall have effect—
    1. (a) in relation to the application of section 44(5A) of the 1992 Act by virtue of sections 39C(1) and 48BB(5) of that Act;
    2. (b) in relation to the application of section 44(5A) of the 1992 Act in the circumstances described in section 128(4) to (6) of the 1995 Act.
    2. 746
  2. (3) In relation to the period—
    1. (a) beginning with 6th April 2000, and
    2. (b) ending with the day before the first regulations under section 48A(5) of the 1993 Act (as amended by subsection (1) above) come into force,
    the Secretary of State shall be taken to have, and to have had, power to calculate and pay relevant pensions by reference to section 44(5) of the 1992 Act as modified by regulations under section 48A(5) of the 1993 Act.
  3. (4) For the purposes of applying subsection (3) above—
    1. (a) the substitution made by section 128(1) of the 1995 Act shall be ignored, and
    2. (b) references in enactments to section 44(5A) of the 1992 Act shall (so far as necessary) be treated as references to section 44(5).
  4. (5) The first regulations under section 48A(5) of the 1993 Act (as amended by subsection (1) above) may include provision in relation to—
    1. (a) revising the calculation of a relevant pension;
    2. (b) paying a relevant pension in accordance with a revised calculation.
  5. (6) Relevant pensions are pensions which fall to be calculated—
    1. (a) in the circumstances described in section 128(4) to (6) of the 1995 Act, and
    2. (b) in relation to persons where, by virtue of section 48A(1) of the 1993 Act, section 44(6) of the 1992 Act has effect in any tax year as mentioned in section 48A(1) of the 1993 Act in relation to some but not all of a person's earnings.
  6. (7) For the purposes of this section—
    1. (a) the 1992 Act is the Social Security Contributions and Benefits Act 1992;
    2. (b) the 1993 Act is the Pension Schemes Act 1993;
    3. (c) the 1995 Act is the Pensions Act I995.'.[Mr. Rooker.]

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