HL Deb 18 October 2004 vol 665 cc199-205GC

In section 87 of the Companies Act 1989 (exception from restriction on disclosure of information obtained from overseas regulatory authorities etc), in the table in subsection (4) for the entry relating to the Occupational Pensions Regulatory Authority substitute—

Judicial Committee Act 1915 (c. 92) In section 1, "and the Lord President of the Council"." "The Pensions Regulator Functions conferred by or by virtue of—(a) the Pension Schemes Act 1993, (b) the Pensions Act 1995, (c) the Welfare Reform and Pensions Act 1999, (d) the Pensions Act 2004, or any enactment in force in Northern Ireland corresponding to an enactment mentioned in paragraphs (a) to (d) above.
The Board of the Pension Protection Fund Functions conferred by or by virtue of Part 2 of the Pensions Act 2004 or any enactment in force in Northern Ireland corresponding to that Part.""

The noble Baroness said: These amendments to Schedule 12 amend the Tribunals and Inquiries Act 1992, Companies Act 1989, Pension Schemes Act 1993 and Pension Act 1995 to bring them up to date with the provisions of this Pensions Bill. They are all technical or consequential amendments. I beg to move.

Lord Skelmersdale

I suspect that I will get a non-answer to this question. However, the pensions legislation starting in 1992, I think, in the modern era, is now completed, for the time being anyway, by about eight further Acts. When on earth are they going to be consolidated so that we can actually understand what they say?

Baroness Hollis of Heigham

I do not know whether the noble Lord wishes to consolidate ahead of any possibilities flowing from the Adair Turner commission. On a more serious point, however, that is certainly on the Government's agenda. I absolutely recognise the need to consolidate. As for repealing schedules and all the rest of it, in practice we do not get the chorus of complaint about the opaqueness of our legislation that might otherwise be expected because the professionals are well used to cross-referring. As the noble Lord suspected, I am not in a position to give him any arguments beyond that.

On Question, amendment agreed to.

Baroness Hollis of Heigham moved Amendments Nos. 348R to 348T:

Page 304, line 19, leave out from beginning to first "in" in line 20 and insert—

"3 (1) The Tribunals and Inquiries Act 1992 is amended as follows.

(2) In section 7 (concurrence required for removal of members of certain tribunals), in subsection (2) for "(g) or (h)" substitute "(i), (j),(k) or (1)".

(3) In section 14 (restricted application of Act in relation to certain tribunals), for subsection (1A) substitute—

"(1A) In this Act—

  1. (a) references to the working of the Pensions Regulator referred to in paragraph 35(i) of Schedule 1 are references to its working so far as relating to the exercise of its regulatory functions (within the meaning of section 87(2) of the Pensions Act 2004) or any corresponding function conferred by a provision in force in Northern Ireland, and
  2. (b) references to procedural rules for the Pensions Regulator are references to regulations under paragraph 19 of Schedule 1 to that Act (Secretary of State's powers to make regulations in respect of Regulator's procedure) so far as they relate to the procedure to be followed when exercising those functions."

(4) In Schedule 1,"

Page 304, line 28, after "(k)" insert—

"the Board of the Pension Protection Fund established by section 101 of the Pensions Act 2004 in respect of its functions under or by virtue of section 198 of that Act or any enactment in force in Northern Ireland corresponding to that section; (1)"

Page 304, line 30, at end insert "or by virtue of"

Page 304, line 31, after "Act" insert "or any enactment in force in Northern Ireland corresponding to that section"

On Question, amendments agreed to.

[Amendment No. 348U had been withdrawn from the Marshalled List.]

Baroness Hollis of Heigham moved Amendments Nos. 348V to 348ZA:

Page 305, line 5, leave out from beginning to "subsection" in line 6 and insert—

"6 (1) Section 56 (provision supplementary to provision relating to payment of state scheme premiums) is amended as follows.

(2) In"

Page 305, line 14, at end insert—

"(3) After subsection (6) insert—

"(7) Where a premium under section 55 is payable by the Board of the Pension Protection Fund by virtue of a transfer under section 152 of the Pensions Act 2004 (effect of the Board assuming responsibility for an occupational pension scheme), then, subject to subsection (8), sections 55 to 68 apply with such modifications as may be prescribed in relation to that premium.

(8) A premium under section 55 in respect of an earner ceases to be payable if—

  1. (a) the liability to pay the premium is transferred to the Board of the Pension Protection Fund by virtue of section 152 of the Pensions Act 2004, and
  2. (b) prescribed requirements are met.""

Page 305, line 21, leave out from beginning to "for" and insert—"

"(1) Section 94 (right to cash equivalent) is amended as follows.

(2) In subsection (2),"

Page 305, line 24, leave out from "as" to end of line 36 and insert "overridden by a relevant legislative provision;

  1. (b) the relevant legislative provisions, to the extent that they have effect in relation to the scheme and are not reflected in the rules of the scheme; and"

Page 305, line 39, at end insert—

"(3) After that subsection insert—

"(2A) For the purposes of subsection (2)—

  1. (a) "relevant legislative provision" means any provision contained in any of the following provisions—
    1. (i) Schedule 5 to the Social Security Act 1989 (equal treatment for men and women);
    2. (ii) this Chapter or Chapters 2, 3 or 5 of this Part of this Act or regulations made under this Chapter or any of those Chapters;
    3. (iii) Part 4A of this Act or regulations made under that Part;
    4. (iv) section 110(1) of this Act;
    5. (v) Part 1 of the Pensions Act 1995 (occupational pensions) or subordinate legislation made or having effect as if made under that Part;
    6. (vi) section 31 of the Welfare Reform and Pensions Act 1999 (pension debits: reduction of benefit);
    7. (vii) any provision mentioned in section 292(2) of the Pensions Act 2004;
  2. (b) a relevant legislative provision is to be taken to override any of the provisions of the scheme if, and only if, it does so by virtue of any of the following provisions—
    1. (i) paragraph 3 of Schedule 5 to the Social Security Act 1989;
    2. (ii) section 129(1) of this Act;
    3. (iii) section 117(1) of the Pensions Act 1995;
    4. (iv) section 31(4) of the Welfare Reform and Pensions Act 1999;
    5. (v) section 292(1) of the Pensions Act 2004.""

Page 306, line 1, leave out "for extensions"

On Question, amendments agreed to.

Baroness Hollis of Heigham moved Amendment No. 348ZB:

Page 306, line 6, leave out "After section 113" and insert— In section 113 (disclosure of information about schemes to members etc), after subsection (2)(d) insert— (e) persons of prescribed descriptions. After that section

The noble Baroness said: The amendment is consequential to Amendment Nos. 297B and 298B, which provide for groups adequately representing active members and pensioner members to be included in the nomination process for member-nominated trustees. The amendment ensures that we have the power to require schemes to disclose information to such groups. It is therefore consequential. I beg to move.

On Question, amendment agreed to.

Baroness Hollis of Heigham moved Amendments Nos. 349 to 349B:

Page 306, line 17, at end insert— In section 123 (interpretation of Chapter 2 of Part 7) omit—

  1. (a) the definition of "occupational pension scheme" in subsection (3), and
  2. (b) subsection (4).

In section 124 (duty of Secretary of State to pay unpaid contributions), after subsection (5) insert—

"(6) In this section "on his own account", in relation to an employer, means on his own account but to fund benefits for, or in respect of, one or more employees.""

Page 306, line 18, after "requirements)," insert "—

  1. (a)"

Page 306, line 19, at end insert ", and

  1. (b) after "under" insert "any of those Chapters or"."

On Question, amendments agreed to.

Baroness Hollis of Heigham moved Amendment No. 349BA:

Page 306, line 20, at end insert— In section 145 (the Pensions Ombudsman), after subsection (1) insert— (1A) Provisions conferring power on the Pensions Ombudsman to conduct investigations as mentioned in subsection (1) are to be read as conferring power that—

  1. (a) in a case of a prescribed description, or
  2. (b) in a case involving a scheme that is prescribed or is of a prescribed description,
may be exercised whatever the extent of any connections with places outside the United Kingdom.

(1B) In subsection (1A) "scheme" means occupational pension scheme or personal pension scheme.

(1C) Subsection (1A) shall not be taken to prejudice any power of the Pensions Ombudsman apart from that subsection to conduct investigations in a case having connections with places outside the United Kingdom.""

The noble Baroness said: In moving Amendment No. 349BA, I shall speak to the other amendments in the group. These minor and consequential amendments relate to the jurisdiction of the pensions ombudsman. It is likely that with the implementation of the occupational pensions directive in September 2005 cross-border schemes will become more viable for employers. These amendments allow regulations to clarify whether complaints from members in a scheme based in another member state fall within the jurisdiction of the pensions ombudsman and other minor consequential matters. Clearly it will await further discussion by the EC group of regulators as to how this will advance. However, we need to take these powers now if the Committee so agrees. I beg to move.

On Question, amendment agreed to.

Baroness Hollis of Heigham moved Amendment Nos. 349BB and 349C:

Page 306, line 33, at end insert— ( ) after subsection (6) insert— (6A) For the purposes of subsection (6)(c)—

  1. (a) a description of complaint may be framed (in particular) by reference to the person making the complaint or to the scheme concerned (or to both), and
  2. (b) a description of dispute may be framed (in particular) by reference to the person referring the dispute or to the scheme concerned (or to both).", and"

Page 306, line 37, at end insert—

"In section 149 (procedure on investigation by Pensions Ombudsman), for subsection (6)(b) substitute—

  1. "(b) the Board of the Pension Protection Fund,
  2. (ba) the Ombudsman for the Board of the Pension Protection Fund,"."

On Question, amendments agreed to.

[Amendment No. 349D had been withdrawn from the Marshalled List.]

Baroness Hollis of Heigham moved Amendments Nos. 349DA to 349J:

Page 306, line 37, at end insert— In section 149 (procedure on investigation by Pensions Ombudsman), in subsection (6) (persons to whom Ombudsman may disclose information), at the end insert— (n) a person who, in a member State other than the United Kingdom, has functions corresponding to functions of the Pensions Ombudsman."

Page 306, line 37, at end insert—

"(1) Section 158A (other disclosures by the Secretary of State) is amended as follows.

(2) In subsection (1), for the words from "any information" to "Pensions Act 1995" substitute "any regulated information".

(3) In the Table in that subsection—

  1. (a) in the entry for the Regulatory Authority in the second column of the Table for the words from "or the" to the end substitute ", the Pensions Act 1995, the Welfare Reform and Pensions Act 1999 or the Pensions Act 2004 or any enactment in force in Northern Ireland corresponding to any of those enactments.", and
  2. (b) for the entry for the Pensions Compensation Board substitute—

"The Pensions Ombudsman. Functions conferred by or by virtue of this Act or any enactment in force in Northern Ireland corresponding to it.
The Board of the Pension Protection Fund. Functions conferred by or by virtue of Part 2 of the Pensions Act 2004 or any enactment in force in Northern Ireland corresponding to that Part.
The Ombudsman for the Board of the Pension Protection Fund. Functions conferred by or by virtue of Part 2 of the Pensions Act 2004 or any enactment in force in Northern Ireland corresponding to that Part."

(4) After that subsection insert— (1AA) In subsection (1), "regulated information" means information received by the Secretary of State in connection with his functions under—

  1. (a) this Act,
  2. (b) the Pensions Act 1995, or
  3. (c) the Pensions Act 2004,
other than information supplied to him under section 225(2) of, or paragraph 2 of Schedule 10 to, the Pensions Act 2004 (supply of information for retirement planning purposes etc)."

Page 307, line 11, leave out "which may include conditional rights or" and insert "including"

Page 307, line 32, leave out "which may include conditional rights and" and insert "including"

Page 307, line 33, leave out "scheme" and insert "occupational pension scheme or a personal pension scheme"

Page 309, line 7, leave out from beginning to "subsection" and insert— 39 (1) Section 38 (power to defer winding up) is amended as follows. (2) In

Page 309, line 10, at end insert— ( ) After subsection (3) insert—

"(4) This section also does not apply in relation to a trust scheme where the trustees are required to wind up, or continue the winding up, of the scheme under section 145(1) of the Pensions Act 2004 (requirement to wind up certain schemes with sufficient assets to meet protected liabilities).""

On Question, amendments agreed to.

[Amendment No.349K had been withdrawn from the Marshalled List.]

Baroness Hollis of Heigham moved Amendments Nos. 349KA to 349UA:

Page 310, leave out lines 19 to 25.

Page 310, leave out lines 27 and 28.

Page 310, line 29, leave out paragraph 51.

Page 311, line 20, at end insert— In section 119 (calculations etc under regulations: sub-delegation), for "73(3)" substitute "73B(4)(a)".

Page 311, line 22, leave out from "(1)," to "in" in line 25.

Page 311, line 29, leave out "which may include conditional rights and" and insert "including"

Page 311, line 30, leave out "scheme" and insert "occupational pension scheme or a personal pension scheme"

Page 311, line 36, leave out "127 and 145" and insert "145 and 210"

Page 311, line 37, at end insert— ( ) In subsection (3B), after "(3E)" insert "and to sections 145 and 210 of the Pensions Act 2004".

Page 311, line 37, at end insert—