HL Deb 16 July 1993 vol 548 cc428-31
The Lord Chancellor

My Lords, I beg to move that the House do now resolve itself into Committee (on Re-commitment) on this Bill.

Moved, That the House do now resolve itself into Committee (on Re-commitment).—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee (on Re-commitment) accordingly.

[The CHAIRMAN OF COMMITTEES (Lord Ampthill) in the Chair.]

Clauses 1 to 53 agreed to.

Clause 54 [Supervision: former appropriate personal pension schemes]:

The Lord Chancellor moved Amendment No. 1:

Page 37, line 36, after ("sections") insert ("9(5) and").

The noble and learned Lord said: This is a drafting amendment. Clause 54(3) needs to refer to all the matters previously dealt 'with in Schedule 1 to the Social Security Act 1986. Because Clause 9(5) derives from that schedule it should be included in Clause 54(3), which is what the amendment does. Perhaps I should add, for the convenience of the Committee, that these amendments to this Bill and the amendments relating to the Pension Schemes (Northern Ireland) Bill that follows immediately after this Bill are amendments that have been seen by, and have the approval of, the Chairman of the Joint Committee. It will not surprise the Committee to learn that these are all fairly minor drafting amendments; but, nevertheless, they are of some importance. I beg to move.

On Question, amendment agreed to.

Clause 54, as amended, agreed to.

Clauses 55 to 60 agreed to.

Clause 61 [Deduction of contributions equivalent premium from refund of scheme contributions]:

The Lord Chancellor moved Amendments Nos. 2 and 3:

Page 43, line 27, leave out ("Subject to the following provisions").

Page 43, line 37, after ("applies") insert ("then, subject to the following provisions of this section,").

The noble and learned Lord said: With the leave of the Committee I wish to move Amendments Nos. 2 and 3 en bloc. These two amendments address a drafting point that has resulted from the consolidation exercise. Subsections (1) and (2) of this clause both derive from Section 47(1) of the Social Security Pensions Act 1975 which is expressed to be subject to the following provisions of Section 47. It is, however, the proposition in subsection (2) of Clause 61 rather than that in subsection (1) of the clause which is subject to propositions in the later provisions of Clause 61. Accordingly, the two amendments achieve the result that the phrase, subject to the following provisions", is moved from subsection (1) to subsection (2). I beg to move.

On Question, amendments agreed to.

Clause 61, as amended, agreed to.

Clauses 62 to 91 agreed to.

Clause 92 [Supplementary provisions]:

The Lord Chancellor moved Amendment No. 4:

Page 63, line 21, leave out ("termination of employment") and insert ("cessation").

The noble and learned Lord said: This is a drafting amendment to substitute the term "cessation date" for the term "termination of employment date". Although the existing term is not incorrect, Clause 87(1) (a) introduces the expression "cessation date" as a new defined term to operate in Chapter III of Part IV of the Bill. Accordingly, for consistency, it is preferable if the same term is used throughout this chapter of the Bill. I beg to move.

On Question, amendment agreed to.

Clause 92, as amended, agreed to.

Clauses 93 to 95 agreed to.

Clause 96 [Further provisions concerning exercise of option under s.95]:

The Lord Chancellor moved Amendment No. 5:

Page 66, line 4, leave out ("(2) or (3)") and insert ("(1)").

The noble and learned Lord said: This amendment is necessary to pick up a simple drafting error. I beg to move.

On Question, amendment agreed to.

The Lord Chancellor moved Amendments Nos. 6 and 7:

Page 66, line 8, leave out ("(b)").

Page 66, line 36, leave out from ("rights") to end of line 39.

The noble and learned Lord said: The first of these two amendments is consequential on the second. The second amendment deletes words which are otiose because the effect which they seek to achieve is already covered by Clause 96(1) (b). I beg to move Amendments Nos. 6 and 7 en bloc.

On Question, amendments agreed to.

Clause 96, as amended, agreed to.

[Clauses 97 to 156 agreed to.]

Clause 157 [Power of Secretary of State to obtain information in connection with applications under s.124]:

The Lord Chancellor moved Amendment No. 8:

Page 104, line 40, leave out ("a debt owed, or").

The noble and learned Lord said: This is a technical amendment to remove words that are not appropriate to this clause. I beg to move.

On Question, amendment agreed to.

Clause 157, as amended, agreed to.

Remaining clauses agreed to.

Schedules 1 to 4 agreed to.

Schedule 5 [Repeals]:

The Lord Chancellor moved Amendment No. 9:

Page 143, line 38, leave out ("and 12 to 31") and insert (", 12 to 31 and 82").

The noble and learned Lord said: The purpose of the amendment is to add to the repeals schedule the repeal of paragraph 82 of Schedule 10 to the Social Security Act 1986. Paragraph 82 amended Section 68 of the Social Security Act 1973 which is being repealed by the Bill. I beg to move.

On Question, amendment agreed to.

Schedule 5, as amended, agreed to.

Schedule 6 [Transitional Provisions and Savings]:

The Lord Chancellor moved Amendments Nos. 10 and 11:

Page 149, line 20, after ("has") insert ("or ever had").

Page 149, leave out lines 22 to 24 and insert (""paragraph 7 of Schedule 4 to the Social Security Act 1990" of the words "this paragraph".").

The noble and learned Lord said: With the leave of the Committee I shall move Amendments Nos. 10 and 11 en bloc. The amendments are intended to simplify the rather complex drafting of the paragraph. The subject matter requires a degree of complexity, but if we can minimise that it is desirable. The amendments are designed to do just that. They are matters of form rather than substance. I beg to move.

On Question, amendments agreed to.

Schedule 6, as amended, agreed to.

Schedule 7 agreed to.

Schedule 8 [Consequential Amendments]:

The Lord Chancellor moved Amendments Nos. 12 to 14:

Page 154, line 33, at end insert:

("(2) In section 128(2C) (b) of that Act after "1986" there shall be substituted the words "or section 126 of the Pension Schemes Act 1993".")

Page 156, line 4, at end insert:

("(2) In section 635(3) (b) of that Act for the words "Social Security Act 1986" there shall be substituted the words "Pension Schemes Act 1993".

(3) In sections 638(6) (c) and 649(1) of that Act for the words "Part I of the Social Security Act 1986" there shall be substituted the words "section 43 of the Pension Schemes Act 1993".

(4) In section 649(2) of that Act for the words from "the percentage" to "1986" there shall be substituted the words "so much of the aggregate amount mentioned in section 45(1) of the Pension Schemes Act 1993 as is attributable to the reduction which would fall to be made under section 41(1) (a) of that Act".

(5) In section 649(6) (b) of that Act for the words "Part I and section 3(3) of the Social Security Act 1986" there shall be substituted the words "section 43, section 45(1) and section 41(1) (a) of the Pension Schemes Act I993".").

Page 156, line 8, at end insert:

("The Finance Act 1989 (c.26)

In paragraph 11(2) (b) of Schedule 7 to the Finance Act 1989 for the words "Social Security Act 1986" there shall be substituted the words "Pension Schemes Act 1993".").

The noble and learned Lord said: With the leave of the Committee I should like to move Amendments Nos. 12 to 14 inclusive en bloc. The amendments are purely consequential on the passing of this Bill. They update references contained in the Employment Protection (Consolidation) Act 1978, the Income and Corporation Taxes Act 1988 and the Finance Act 1989 to refer to this Bill. I beg to move.

On Question, amendments agreed to.

Schedule 8, as amended, agreed to.

Schedule 9 [Transitory Modifications]:

The Lord Chancellor moved Amendment No. 15:

Page 162, line 10, leave out ("age") and insert ("and does").

The noble and learned Lord said: The purpose of the amendment is to correct a drafting error. I beg to move.

On Question, amendment agreed to.

Schedule 9, as amended, agreed to.

House resumed: Bill reported with amendments.