HL Deb 19 July 2004 vol 664 cc40-1GC

(1) This section applies where the Board receives a notice under section 116(6) ("the section 116 notice").

(2) The Board must determine whether to approve the section 116 notice.

(3) The Board must approve the section 116 notice if, and only if, it is satisfied—

  1. (a) that the insolvency practitioner or former insolvency practitioner who issued the notice was required to issue it under that section, and
  2. (b) that the notice complies with any requirements imposed by virtue of subsection (8) of that section.

(4) Where the Board makes a determination for the purposes of subsection (2), it must issue a determination notice and give a copy of that notice to—

  1. (a) the Regulator,
  2. (b) the trustees or managers of the scheme,
  3. (c) the insolvency practitioner or the former insolvency practitioner who issued the section 116 notice,
  4. (d) any insolvency practitioner in relation to the employer (who does not fall within paragraph (c)), and
  5. (e) if there is no insolvency practitioner in relation to the employer, the employer.

(5) In subsection (4) "determination notice" means a notice which is in the prescribed form and contains such information about the determination as may be prescribed."

On Question, amendment agreed to.

Clause 117 [Board's duty where there is a failure to comply with section 116]:

Baroness Hollis of Heigham moved Amendments Nos. 192C to 192F:

Page 81, line 3, leave out from "scheme," to "has" in line 8 and insert"—

  1. (a) the Board determines under section (Approval of notices issued under section 116) not to approve a notice issued under section 116 by an insolvency practitioner or former insolvency practitioner in relation to the employer, or
  2. (b) an insolvency practitioner or former insolvency practitioner in relation to the employer fails to issue a notice under section 116 and the Board is satisfied that such a notice ought to have been issued under that section.

(2) The obligations on the insolvency practitioner or former insolvency practitioner imposed by subsections (2) and (4) of section 116 are to be treated as obligations imposed on the Board and the Board must accordingly issue a notice as required under that section.

(3) Subject to subsections (4) and (5), where a notice is issued under section 116 by the Board by virtue of this section, it"

Page 81, line 11, leave out "subsection (2)" and insert "section 116 by virtue of this section"

Page 81, line 14, leave out from "scheme," to end of line 16 and insert—

  1. "(c) the insolvency practitioner or former insolvency practitioner mentioned in subsection (1),
  2. (d) any insolvency practitioner in relation to the employer (who does not fall within paragraph (c)), and
  3. (e) if there is no insolvency practitioner in relation to the employer, the employer."

Page 81, line 17, leave out subsection (5) and insert—

"(5) Where the Board—

  1. (a) is required to issue a notice under section 116 by virtue of this section, and
  2. (b) is satisfied that the notice ought to have been issued at an earlier time,
it must specify that time in the notice and the notice is to have effect as if it had been issued at that time."

On Question, amendments agreed to.

Clause 117, as amended, agreed to.

Baroness Hollis of Heigham moved Amendment No. 192G:

After Clause 117, insert the following new clause—