HL Deb 12 July 1995 vol 565 cc1770-92

244 Clause 146, page 98, line 42, leave out 'made' and insert 'in respect of employment carried on'.

245 Page 99, line 2, leave out 'made' and insert 'in respect of employment carried on'.

246 Clause 147, page 99, line 22, leave out from second 'the' to end of line 25 and insert 'revaluation percentage for the revaluation period the reference period for which ends with the last preceding 30th September before the increase is made (expressions used in this definition having the same meaning as in paragraph 2 of Schedule 3 to the Pension Schemes Act 1993 (methods of revaluing accrued pension benefits)'.

247 Page 99, leave out lines 30 to 34.

248 Clause 149, page 100, line 6, at end insert 'or'.

249 Page 100, line 11, leave out from 'Registrar)' to end of line 13.

250 Page 100, line 17, leave out 'this section' and insert 'subsection (1)'.

251 Page 100, line 40, leave out subsection (4) and insert: '(3A) Regulations may make provision for imposing a levy in respect of prescribed occupational pension schemes for the purpose of meeting expenditure of the Pensions Compensation Board (including the establishment of the Board).

(3B) Any levy imposed under subsection (3A) is payable to the Board by or on behalf of—

  1. (a) the trustees of any prescribed occupational pension scheme, or
  2. (b) any other prescribed person,

at prescribed times and at a rate, not exceeding the prescribed rate, determined by the Board.

(3C) In determining the amount of expenditure in respect of which any levy under subsection (3A) is to be imposed, the Board, and regulations made by virtue of subsection (3B), may take one year with another and, accordingly, may have regard to expenditure estimated to be incurred in current or future periods and to actual expenditure incurred in previous periods (including periods ending before the coming into force of this subsection).

(3D) Notice of the rates determined by the Board under subsection (3B) must be given to prescribed persons in the prescribed manner.

(4) An amount payable by a person on account of a levy imposed under this section shall be a debt due from him to the appropriate person, that is—

  1. (a) if the levy is imposed under subsection (1), the Secretary of State, and
  2. (b) if the levy is imposed under subsection (3A), the Board,

and an amount so payable shall be recoverable by the appropriate person accordingly or, if the appropriate person so determines, be recoverable by the Registrar on behalf of the appropriate person.'.

252 Page 100, line 43, leave out 'subsection (1)' and insert 'subsections (1) and (3A)'.

253 Page 100, line 45, after 'to' insert '(a)'.

254 Page 100, line 46, at end insert 'or

(b) the circumstances in which any such amount may be waived'.

255 Clause 150, page 101, line 8, leave out 'in the foreseeable future'.

256 Page 101, line 14, at end insert: 'and, accordingly, in relation to benefits under a pension scheme, section 25(2) (a) above shall have effect as if "in the foreseeable future" were omitted'.

257 Page 101, line 17, leave out 'in the foreseeable future'.

258 Page 101, line 28, leave out from 'such' to 'section' in line 29 and insert:

'matter.

(3) The following provisions apply where, having regard to any benefits under a pension scheme, the court determines to make an order under section 23 above.

(4) To the extent to which the order is made having regard to any benefits under a pension scheme, the order may require the trustees or managers of the pension scheme in question, if at any time any payment in respect of any benefits under the scheme becomes due to the party with pension rights, to make a payment for the benefit of the other party.

(5) The amount of any payment which, by virtue of subsection (4) above, the trustees or managers are required to make under the order at any time shall not exceed the amount of the payment which is due at that time to the party with pension rights.

(6) Any such payment by the trustees or managers—

  1. (a) shall discharge so much of the trustees or managers liability to the party with pension rights as corresponds to the amount of the payment, and
  2. (b) shall be treated for all purposes as a payment made by the party with pension rights in or towards the discharge of his liability under the order.

(7) Where the party with pension rights may require any benefits which he has or is likely to have under the scheme to be commuted, the order may require him to commute the whole or part of those benefits; and this section applies to the payment of any amount commuted in pursuance of the order as it applies to other payments in respect of benefits under the scheme.

Pensions: lump sums.

25C.—(1) The power of the court under section 23 above to order a party to a marriage to pay a lump sum to the other party includes, where the benefits which the party with pension rights has or is likely to have under a pension scheme include any lump sum payable in respect of his death, power to make any of the following provision by the order.

(2) The court may—

  1. (a) if the trustees or managers of the pension scheme in question have power to determine the person to whom the sum, or any part of it, is to be paid, require them to pay the whole or part of that sum, when it becomes due, to the other party,
  2. (b) if the party with pension rights has power to nominate the person to whom the sum, or any part of it, is to be paid, require the party with pension rights to nominate the other party in respect of the whole or part of that sum,
  3. (c) in any other case, require the trustees or managers of the pension scheme in question to pay the whole or part of that sum, when it becomes due, for the benefit of the other party instead of to the person to whom, apart from the order, it would be paid.

(3) Any payment by the trustees or managers under an order made under section 23 above by virtue of this section shall discharge so much of the trustees or managers liability in respect of the party with pension rights as corresponds to the amount of the payment.

Pensions: supplementary.

25D.—(1) Where—

  1. (a) an order made under section 23 above by virtue of section 25B or 25C above imposes any requirement on the trustees or managers of a pension scheme ("the first scheme") and the party with pension rights acquires transfer 1772 credits under another pension scheme ("the new scheme") which are derived (directly or indirectly) from a transfer from the first scheme of all his accrued rights under that scheme (including transfer credits allowed by that scheme), and
  2. (b) the trustees or managers of the new scheme have been given notice in accordance with regulations,

the order shall have effect as if it has been made instead in respect of the trustees or managers of the new scheme; and in this subsection "transfer credits" has the same meaning as in the Pension Schemes Act 1993.

(2) Regulations may—

  1. (a) in relation to any provision of sections 25B or 25C above which authorises the court making an order under section 23 above to require the trustees or managers of a pension scheme to make a payment for the benefit of the other party, make provision as to the person to whom, and the terms on which, the payment is to be made,
  2. (b) require notices to be given in respect of changes of circumstances relevant to such orders which include provision made by virtue of sections 25B and 25C,
  3. (c) make provision for the trustees or managers of any pension scheme to provide, for the purposes of orders under section 23 above, information as to the value of any benefits under the scheme,
  4. (d) make provision for the recovery of the administrative expenses of—
  1. (i) complying with such orders, so far as they include provision made by virtue of sections 25B and 25C, and
  2. (ii) providing such information,

from the party with pension rights or the other party,

(e) make provision for the value of any benefits under a pension scheme to be calculated and verified, for the purposes of orders under section 23 above, in a prescribed manner,

and regulations made by virtue of paragraph (e) above may provide for that value to be calculated and verified in accordance with guidance which is prepared and from time to time revised by a prescribed person and approved by the Secretary of State.

(3) In this section and sections 25B and 25C—

  1. (a) references to a pension scheme include—
    1. (i) a retirement annuity contract, or
    2. (ii) an annuity, or insurance policy, purchased or transferred for the purpose of giving effect to rights under a pension scheme,
  2. (b) in relation to such a contract or annuity, references to the trustees or managers shall be read as references to the provider of the annuity,
  3. (c) in relation to such a policy, references to the trustees or managers shall be read as references to the insurer,

and in section 25B (1) and (2) above, references to benefits under a pension scheme include any benefits by way of pension, whether under a pension scheme or not.

(4) In this section and sections 25B and 25C above— the party with pension rights" means the party to the marriage who has or is likely to have benefits under a pension scheme and "the other party" means the other party to the marriage,

and the power to make regulations under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.".

() In'.

259 Page 101, line 30 at end insert:

'() In section 31 of that Act (variation, discharge, etc. of orders)—

  1. (a) in subsection (2), after paragraph (d) there is inserted— "(dd) any deferred order made by virtue of section 23(1) (c) (lump sums) which includes provision made by virtue of—
    1. (i) section 25B (4), or
    2. (ii) section 25C,
    (provision in respect of pension rights)", and
  2. (b) after subsection (2A) there is inserted— "(2B) Where the court has made an order referred to in subsection (2) (dd) (ii) above, this section shall cease to apply to the order on the death of either of the parties to the marriage." '.

260 Page 101, line 31, leave out subsection (2).

261 Page 101, line 38, after 'scheme' insert '(within the meaning of section 25B (1) of the Matrimonial Causes Act 1973)'.

262 Page 101, line 39, leave out 'in the foreseeable future'.

263 Page 101, line 43, leave out '159(4)' and insert '159(4) and (4A)'.

264 Page 101, line 50, at end insert 'corresponding to any of those enactments.

() Subsections (3) to (7) of section 25B and section 25C of the Matrimonial Causes Act 1973, as inserted by this section, do not affect the powers of the court under section 31 of that Act (variation, discharge, etc.) in relation to any order made before the commencement of this section'.

265 After Clause 150, insert the following clause:—

Pensions on divorce, etc: Scotland

'.—(1) In section 8(1) (orders for financial provision) of the Family Law (Scotland) Act 1985 ("the 1985 Act"), after paragraph (b) there is inserted—

"(ba) an order under section 12A (2) or (3) of this Act;".

(2) In section 10 of the 1985 Act (sharing of value of matrimonial property)—

  1. (a) in subsection (5)—
    1. (i) after "party" there is inserted "(a)"; and
    2. (ii) for "or occupational pension scheme or similar arrangement" there is substituted—
    "or similar arrangement; and
  2. (b) in any benefits under a pension scheme which either party has or may have (including such benefits payable in respect of the death of either party),
which is"; and

(b) after subsection (7) there is inserted—

"(8) The Secretary of State may by regulations make provision—

  1. (a) for the value of any benefits under a pension scheme to be calculated and verified, for the purposes of this Act, in a prescribed manner;
  2. (b) for the trustees or managers of any pension scheme to provide, for the purposes of this Act, information as to that value, and for the recovery of the administrative expenses of providing such information from either party,
and regulations made by virtue of paragraph (a) above may provide for that value to be calculated and verified in accordance with guidance which is prepared and from time to time revised by a prescribed body and approved by the Secretary of State.

(9) Regulations under subsection (8) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this section—

(11) In this section, references to the trustees or managers of a pension scheme—

  1. (a) in relation to a contract or annuity referred to in paragraph (b) or (c) of the definition of "pension scheme" in subsection (10) above, shall be read as references to the provider of the annuity;
  2. (b) in relation to an insurance policy referred to in paragraph (c) of that definition, shall be read as a reference to the insurer.".

(3) After section 12 of the 1985 Act there is inserted—

"Orders for payment of capital sum: pensions lump sums.

12A.&(1) This section applies where the court makes an order under section 8(2) of this Act for payment of a capital sum (a "capital sum order") by a party to the marriage ("the liable party") in circumstances where—

  1. (a) the matrimonial property within the meaning of section 10 of this Act includes any rights or interests in benefits under a pension scheme which the liable party has or may have (whether such benefits are payable to him or in respect of his death); and
  2. (b) those benefits include a lump sum payable to him or in respect of his death.

(2) Where the benefits referred to in subsection (1) above include a lump sum payable to the liable party, the court, on making the capital sum order, may make an order requiring the trustees or managers of the pension scheme in question to pay the whole or part of that sum, when it becomes due, to the other party to the marriage ("the other party").

(3) Where the benefits referred to in subsection (1) above include a lump sum payable in respect of the death of the liable party, the court, on making the capital sum order, may make an order

  1. (a) if the trustees or managers of the pension scheme in question have power to determine the person to whom the sum, or any part of it, is to be paid, requiring them to pay the whole or part of that sum, when it becomes due, to the other party;
  2. (b) if the liable party has power to nominate the person to whom the sum, or any part of it, is to be paid, requiring the liable party to nominate the other party in respect of the whole or part of that sum;
  3. (c) in any other case, requiring the trustees or managers of the pension scheme in question to pay the whole or part of that sum, when it becomes due, to the other party instead of to the person to whom, apart from the order, it would be paid.

(4) Any payment by the trustees or managers under an order under subsection (2) or (3) above—

  1. (a) shall discharge so much of the trustees' or managers' liability to or in respect of the liable party as corresponds to the amount of the payment; and
  2. (b) shall be treated for all purposes as a payment made by the liable party in or towards the discharge of his liability under the capital sum order.

(5) Where the liability of the liable party under the capital sum order has been discharged in whole or in part, other than by a payment by the trustees or managers under an order under subsection (2) or (3) above, the court may, on an application by any person having an interest, recall any order under either of those subsections or vary the amount specified in such an order, as appears to the court appropriate in the circumstances.

(6) Where—

  1. (a) an order under subsection (2) or (3) above imposes any requirement on the trustees or managers of a pension scheme ("the first scheme") and the liable party acquires transfer credits under another scheme ("the new scheme") which are derived (directly or indirectly) from a transfer from the first scheme of all his accrued rights under that scheme; and
  2. (b) the trustees or managers of the new scheme have been given notice in accordance with regulations under subsection (8) below,
the order shall have effect as if it had been made instead in respect of the trustees or managers of the new scheme; and in this subsection "transfer credits" has the same meaning as in the Pension Schemes Act 1993.

(7) Without prejudice to subsection (6) above, the court may, on an application by any person having an interest, vary an order under subsection (2) or (3) above by substituting for the trustees or managers specified in the order the trustees or managers of any other pension scheme under which any lump sum referred to in subsection (1) above is payable to the liable party or in respect of his death.

(8) The Secretary of State may by regulations—

  1. (a) require notices to be given in respect of changes of circumstances relevant to orders under subsection (2) or (3) above;
  2. (b) make provision for the recovery of the administrative expenses of complying with such orders from the liable party or the other party.

(9) Regulations under subsection (8) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) Subsection (10) (other than the definition of "benefits under a pension scheme") and subsection (11) of section 10 of this Act shall apply for the purposes of this section as those subsections apply for the purposes of that section.".

(4) Nothing in the provisions mentioned in section 150(4) above applies to a court exercising its powers under section 8 (orders for financial provision on divorce, etc.) or 12A (orders for payment of capital sum: pensions lump sums) of the 1985 Act in respect of any benefits under a pension scheme which fall within subsection (5) (b) of section 10 of that Act ("pension scheme" having the meaning given in subsection (10) of that section).'.

266 Insert the following clause:

War pensions for widows: effect of remarriage

'.—(1) In determining whether a pension is payable to a person as a widow under any of the enactments mentioned in subsection (3) in respect of any period beginning on or after the commencement of this section, no account may be taken of the fact that the widow has married another if, before the beginning of that period, the marriage has been terminated or the parties have been judicially separated.

(2) For the purposes of this section—

  1. (a) the reference to the termination of a marriage is to the termination of the marriage by death, dissolution or annulment, and
  2. (b) the reference to judicial separation includes any legal separation obtained in a country or territory outside the British Islands and recognised in the United Kingdom;
and for those purposes a divorce, annulment or legal separation obtained in a country or territory outside the British Islands must, if the Secretary of State so determines, be treated as recognised in the United Kingdom even though no declaration as to its validity has been made by any court in the United Kingdom.

(3) The enactments referred to in subsection (1) are—

  1. (a) The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983, and any order re-enacting the provisions of that order,
  2. (b) The Personal Injuries (Civilians) Scheme 1983, and any subsequent scheme made under the Personal Injuries (Emergency Provisions) Act 1939,
  3. (c) any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or the Polish Resettlement Act 1947 applying the provisions of any such order as is referred to in paragraph (a),
  4. (d) the order made under section 1(5) of the Ulster Defence Regiment Act 1969 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment.'.

267 Insert the following clause:

Extension of Pensions Appeal Tribunals Act 1943

'.—(1) The Pensions Appeal Tribunals Act 1943 is amended as follows.

(2) In section 1 (appeals against rejection of war pension claims made in respect of members of armed forces)—

  1. (a) in subsection (1), after "administered by the Minister" there is inserted "or under a scheme made under section 1 of the Polish Resettlement Act 1947", and
  2. (b) in subsections (3) and (3A), for "or Order of His Majesty" there is substituted ", Order of Her Majesty or scheme".

(3) In section 7 (application of Act to past decisions and assessments)—

  1. (a) in subsection (2), at the beginning there is inserted "Subject to subsection (2A) of this section,", and
  2. (b) after that subsection, there is inserted—

"(2A) Subsection (2) of this section shall not apply in relation to any decision given by the Minister before the passing of this Act which corresponds, apart from any difference of the kind referred to in that subsection, with such a decision as is referred to in section 1 of this Act in respect of claims made under the scheme referred to in that section."

(4) In section 10 (power to modify sections 1 to 4 by Order in Council), in subsections (1) and (2), for "or Order of His Majesty" there is substituted ", Order of Her Majesty or scheme".

(5) In section 12 (interpretation), in the definition of "relevant service"—

  1. (a) for "or Order of His Majesty" there is substituted ", Order of Her Majesty or scheme", and
  2. (b) for "or Order" there is substituted ", Order or scheme".

(6) In the Schedule (constitution, jurisdiction and procedure of Pensions Appeal Tribunals), in paragraph 3(2), after paragraph (b) there is inserted—

268 Insert the following clause:

Information about public service schemes

'.—(1) In prescribed circumstances, the Secretary of State may provide information to any prescribed person in connection with the following questions—

  1. (a) whether an individual who during any period—
    1. (i) has been eligible to be an active member of an occupational pension scheme under the Superannuation Act 1972, but
    2. (ii) has instead made contributions to a personal pension scheme,
    has suffered loss as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986 (actions for damages in respect of contravention of rules etc. made under the Act), and
  2. (b) if so, what payment would need to be made to the occupational scheme in respect of the individual to restore the position to what it would have been if the individual had been an active member of the occupational scheme throughout the period in question,
and may impose on that person reasonable fees in respect of administrative expenses incurred in providing that information.

(2) Where—

  1. (a) such an individual as is mentioned in subsection (1) is admitted or readmitted as an active member of an occupational pension scheme under the Superannuation Act 1972, or
  2. (b) a payment is made to the Secretary of State in respect of such an individual for the purpose mentioned in paragraph (b) of that subsection,
the Secretary of State may impose on any prescribed person reasonable fees in respect of administrative expenses incurred in connection with the admission, readmission or payment.

(3) In the case of an occupational pension scheme under section 1 of the Superannuation Act 1972 (superannuation of civil servants), the references in subsections (1) and (2) to the Secretary of State shall be read as references to the Minister for the Civil Service, or such person as may be prescribed.

(4) In the case of an occupational pension scheme under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government etc.), the references in subsections (1) and (2) to the Secretary of State shall be read as references to a prescribed person.

(5) In this section—

"prescribed" means—

  1. (i) in the case of a scheme made under section 1 of the Superannuation Act 1972, prescribed by a scheme made by the Minister for the Civil Service, or
  2. (ii) in any other case, prescribed by regulations made by the Secretary of State, and
"active member", in relation to an occupational pension scheme, has the same meaning as in Part I.'.

269 Clause 154, leave out Clause 154.

270 Clause 155, page 104, line 14, at end insert: '() Regulations made by the Secretary of State may, for the purposes of or in connection with the coming into force of any provisions of this Act, make any such provision as could be made, by virtue of subsection (4A) of section 161, by an order bringing those provisions into force.'.

271 Clause 156, page 104, line 16, leave out 'by the Secretary of State'.

272 Page 104, line 22, leave out 'or'.

273 Page 104, line 23, at end insert:

'() section (Hybrid occupational pension schemes), or order under section 10(1A)'.

274 Clause 157, page 104, line 28, after 'Ace insert:

"enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978)'.

275 Page 104, line 30, at end insert:

'and the definition of "enactment" shall apply for the purposes of section 106 as if "Act" in section 21(1) of the Interpretation Act 1978 included any enactment'.

276 Clause 159, page 104, line 35, after '134' insert '(War pensions for widows: effect of remarriage), (Information about public service schemes)'.

277 Page 104, line 35, leave out 'and 151(4) to (7)' and insert '151(4) to (7) and 160'.

278 Clause 161, page 105, line 9, leave out paragraph (a).

279 Page 105, line 10, at end insert:

'() section (War pensions for widows: effect of remarriage)'.

280 Page 105, line 11, at end insert:

'() section 160 and any repeal in Schedule 7 for which there is a note shall come into force in accordance with that note'.

281 Page 105, line 13, at end insert 'and different days may be appointed for different purposes'.

282 Page 105, line 14, leave out subsection (4) and insert:

'(4A) Without prejudice to section 155(3), the power to make an order under this section includes power—

  1. (a) to make transitional adaptations or modifications—
    1. (i) of the provisions brought into force by the order, or
      2. 1779
    2. (ii) in connection with those provisions, of any provisions of this Act, or the Pension Schemes Act 1993, then in force, or
  2. (b) to save the effect of any of the repealed provisions of that Act, or those provisions as adapted or modified by the order,
as it appears to the Secretary of State expedient, including different adaptations or modifications for different periods.'.

283 Clause 162, page 105, line 18, leave out subsection (2).

284 Schedule 1, page 106, line 40, leave out 'with the approval of the Treasury'.

285 Page 107, line 2, leave out 'with the approval of the Treasury'.

286 Page 107, line 6, leave out 'with the approval of the Treasury'.

287 Page 107, line 7, leave out 'with the approval of the Treasury'.

288 Page 107, line 22, leave out 'and the Treasury'.

289 Page 107, line 28, leave out 'and the Treasury'.

290 Page 107, line 30, leave out 'and the Treasury'.

291 Page 107, line 33, leave out 'and the Treasury'.

292 Page 107, line 33, at end insert:

'() The Secretary of State may, on such terms as to payment by the Authority as he thinks fit, make available to the Authority such additional staff and such other facilities as he thinks fit.

The Superannuation Act 1972 (c. 11)

.—(1) Employment with the Authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted—

"The Occupational Pensions Regulatory Authority".

(2) The Authority must pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable out of money provided by Parliament under the Superannuation Act 1972.'.

293 Page 108, leave out lines 19 to 28.

294 Page 109, line 22, leave out sub-paragraph (2)

295 Page 109, line 32, at beginning insert '(1).

296 Page 109, line 34, at end insert:

'(2) Sub-paragraph (1) does not apply in relation to any document which is or is to be signed in accordance with the law of Scotland.'.

297 Schedule 2, page 110, leave out lines 21 and 22.

298 Page 110, line 26, leave out 'with the approval of the Treasury'.

299 Page 110, line 30, leave out 'with the approval of the Treasury'.

300 Page 110, line 32, leave out 'with the approval of the Treasury'.

301 Page 110, line 37, at end insert:

'The Ombudsman

In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), there is inserted at the appropriate place—

"The Pensions Compensation Board".'

302 Page 110, line 39, leave out 'Treasury' and insert 'Secretary of State'.

303 Page 110, line 42, leave out 'Treasury' and insert 'Secretary of State'.

304 Page 111, line 2, at end insert:

'The Superannuation Act 1972 (c. 11)

.—(1) Employment with the Compensation Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of Other Bodies there is inserted—

"The Pensions Compensation Board".

(2) The Compensation Board must pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable out of money provided by Parliament under the Superannuation Act 1972.'.

305 Page 111, line 26, at end insert:

'.—(1) Where the Compensation Board notify any person of a decision on any matter dealt with by them by means of a formal hearing, or on review, they shall furnish a written statement of the reasons for the decision.

(2) Any statement by the Compensation Board of their reasons for a decision, whether the statement is given by them in pursuance of this paragraph or otherwise, shall be taken to form part of the decision, and accordingly to be incorporated in the record.'.

306 Page 112, line 23, leave out 'Treasury' and insert 'Secretary of State'

307 Page 112, line 25, at beginning insert '(1)'.

308 Page 112, line 27, at end insert:

'(2) Sub-paragraph (1) above does not apply in relation to any document which is or is to be signed in accordance with the law of Scotland.'.

309 Schedule 3, page 112, line 38, leave out 'and 38' and insert & 38 and (Right not to suffer detriment in employment or be unfairly dismissed)'.

310 Page 112, line 39, at end insert:

In section 71(2B) (compensation award for failure to comply with section 69 not to be made), at the end there is added "of this Act or section (Right not to suffer detriment in employment or be unfairly dismissed) of the Pensions Act 1995."

.In section 72(3) (special award), at the end there is added "of this Act or section (Right not to suffer detriment in employment or be unfairly dismissed) of the Pensions Act 1995."

. In section 73(6B) (calculation of basic award), at the end there is added "of this Act or section (Right not to suffer detriment in employment or be unfairly dismissed) of the Pensions Act 1995."

. In section 77(1) (interim relief), after "57A (1) (a) and (b)" there is inserted "of this Act or section (Right not to suffer detriment in employment or be unfairly dismissed) of the Pensions Act 1995".

. In section 77A (1) (procedure on application for interim relief), after "57A (1) (a) and (b)" there is inserted "of this Act or section (Right not to suffer detriment in employment or be unfairly dismissed) of the Pensions Act 1995".'

311 Page 112, line 43, leave out 'or 38' and insert & 38 or (Right not to suffer detriment in employment or be unfairly dismissed)'.

312 Page 113, line 3, at end insert:

In section 138 (Application of Act to Crown employment), in subsection (1), after "and section 53" there is inserted "of this Act and sections 37 to 40 and (Right not to suffer detriment in employment or be unfairly dismissed) of the Pensions Act 1995." '.

313 Page 113, line 30, at end insert:

'The Bankruptcy (Scotland) Act 1985 (c. 66)

. In section 31(1) of the Bankruptcy (Scotland) Act 1985 (vesting in permanent trustee of debtor's estate on sequestration), after "Act" there is inserted "and section 84(2B) of the Pensions Act 1995".

. In section 32 of that Act (vesting of estate, and dealings of debtor, after sequestration), after subsection (2) there shall be inserted—

"(2A) The amount allowed for the purposes specified in paragraphs (a) and (b) of subsection (2) above shall not be less than the total amount of any income received by the debtor—

  1. (a) by way of guaranteed minimum pension; and
  2. (b) in respect of his protected rights as a member of a pension scheme,
"guaranteed minimum pension" and "protected rights" having the same meanings as in the Pension Schemes Act 1993.".'.

314 Page 113, line 32, after 'orders)' insert:

'(a) in subsection (2), after "income of the bankrupt" there is inserted "when taken together with any payments to which subsection (8) applies", and (b)".

315 Page 113, line 34, leave out from second 'any' to end of line 40 and insert 'payment to which subsection (8) applies.

(8) This subsection applies to—

  1. (a) payments by way of guaranteed minimum pension; and
  2. (b) payments giving effect to the bankrupt's protected rights as a member of a pension scheme.

(9) In this section, "guaranteed minimum pension" and "protected rights" have the same meaning as in the Pension Schemes Act 1993."'.

316 Page 114, line 30, leave out paragraph 11.

317 Page 115, line 7, at end insert:

'The Tribunals and Inquiries Act 1992 (c. 53)

. The Tribunals and Inquiries Act 1992 shall be amended as follows—

  1. (a) in section 7(2) (concurrence required for removal of tribunal members), after "(e)" there is inserted "(g) or (h)",
  2. (b) in section 10 (reasons to be given on request), at the end of subsection (5) there is added— "(ba) to decisions of the Pensions Compensation Board referred to in paragraph 35(h) of Schedule 1",
  3. (c) in section 14 (restricted application of the Act in relation to certain tribunals), after subsection (1) there is inserted—

"(1A) In this Act—

  1. (a) references to the working of the Occupational Pensions Regulatory Authority referred to in paragraph 35(g) of Schedule 1 are references to their working so far as relating to matters dealt with by them by means of a formal hearing or on review, and
  2. (b) references to procedural rules for the Authority are references to regulations under—
    1. (i) section 88(5) of the Pensions Act 1995 (procedure to be adopted with respect to reviews), or
    2. (ii) paragraph 12 of Schedule 1 to that Act (procedure of the Authority), so far as the regulations relate to procedure on any formal hearing by the Authority.", and
  3. (d) in paragraph 35 of Schedule 1 (tribunals under the direct supervision of the Council on Tribunals: pensions), after paragraph (f) there is inserted—
    4. 1782
  4. "(g) the Occupational Pensions Regulatory Authority established by section 1 of the Pensions Act 1995;
  5. (h) the Pensions Compensation Board established by section 72 of that Act".'.

318 Page 115, line 17, leave out paragraph 16.

319 Page 115, line 18, leave out paragraph 17.

320 Page 115, line 35, at end insert:

'25A. In section 132 (conformity of schemes with requirements), "the equal access requirements" is omitted.

25B. In section 133(1) (advice of the Board), "the equal access requirements" is omitted.

25C. In section 134 (determination of questions)—

  1. (a) in subsection (3), "the equal access requirements", and
  2. (b) in subsection (4), "or the equal access requirements" and "or, as the case may be, section 118(1)", are omitted.

25D. In section 136(2) (e) (iv) (applications to modify schemes), "or the equal access requirements" is omitted.

25E. In section 139(2) (functions of the Board), "the equal access requirements" is omitted.

25F. In section 140(4) (effect of orders), paragraph (c) and the "and" immediately preceding it are omitted.'.

321 Page 115, line 39, at end insert:

'(aa) subsections (3) and (4) are omitted.'.

322 Page 116, line 8, leave out paragraph 29.

323 Page 116, line 18, leave out paragraph 30 and insert:

'.In section 159 (inalienability of certain pensions), after subsection (4) there is inserted—

"(4A) Where a person—

  1. (a) is entitled or prospectively entitled as is mentioned in subsection (1), or
  2. (b) is entitled to such rights or to such a payment as is mentioned in subsection (4),
no order shall be made by any court the effect of which would be that he would be restrained from receiving anything the assignment of which is or would be made void by either of those subsections.

(4B) Subsection (4A) does not prevent the making of an attachment of earnings order under the Attachment of Earnings Act 1971."'.

324 Page 116, line 18, at end insert:

'30A. In section 170 (determination of questions by Secretary of State), subsections (5) and (6) are omitted.'.

325 Page 116, line 24, after '(1)' insert:

  1. '(i) the definition of "equal access requirements" is omitted, and
  2. (ii)''

326 Page 116, line 33, at end insert:

'34A. In Schedule 7 (re-enactment or amendment of certain provisions not in force), paragraphs 1 and 3 are omitted.'.

327 Schedule 4, page 122, leave out lines 35 to 37.

328 Page 123, line 14, at end insert:

'Christmas bonus for pensioners

. In section 149(4) of that Act (Christmas bonus: supplementary), for "70 in the case of a man or 65 in the case of a woman" there is substituted "65".'.

329 Page 123, line 29, leave out 'within' the meaning'.

330 Page 126, line 6, leave out sub-paragraph (9).

331 Schedule 5, page 129, line 2, at end insert:

'The Public Records Act 1958 (c. 51)

. In Schedule 1 to the Public Records Act 1958 (definition of "Public Record"), in the Table—

  1. (a) in Part I, the entry relating to the Occupational Pensions Board is omitted, and
  2. (b) in Part II—
    1. (i) after the entry relating to the Nature Conservancy Council for England, there is inserted—

"Occupational Pensions Regulatory Authority.", and (ii) after the entry relating to the Office of the Director General of Fair Trading, there is inserted—

"Pensions Compensation Board."

The Administration of Justice Act 1970 (c. 31)

. In Schedule 4 to the Administration of Justice Act 1970 (taxes, social insurance contributions, etc subject to special enforcement provisions), in paragraph 3, for "State scheme premiums" there is substituted "Contributions equivalent premiums".

The Attachment of Earnings Act 1971 (c. 31)

. In Schedule 2 to the Attachment of Earnings Act 1971 (taxes, social security contributions etc relevant for purposes of section 3(6)), in paragraph 3, for "State scheme premiums" there is substituted "Contributions equivalent premiums".

The House of Commons Disqualification Act 1975 (c. 24)

. In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), the entry relating to the Occupational Pensions Board is omitted.

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

. In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), the entry relating to the Occupational Pensions Board is omitted.

The Social Security Pensions Act 1975 (c. 60)

.—(1) In section 61 of the Social Security Pensions Act 1975 (consultation about regulations) for the words from "refer the proposals" in subsection (2) to the end of subsection (3) there is substituted "consult such persons as he may consider appropriate".

(2) In section 61B (1) of that Act (orders and regulations: general provisions), "except any power of the Occupational Pensions Board to make orders" is omitted.

() In section 64(3) of that Act (expenses and receipts), for "state scheme premium" there is substituted "contributions equivalent premium".

The European Parliament (Pay and Pensions) Act 1979 (c. 50)

. In section 6(4) of the European Parliament (Pay and Pensions) Act 1979 (provision for payment of block transfer value into another pension scheme), "and the Occupational Pensions Board" is omitted.

The Justices of the Peace Act 1979 (c. 55)

. In section 55(6) (b) (ii) of the Justices of the Peace Act 1979 (duties of local authorities), for "state scheme premiums" there is substituted "contributions equivalent premiums".

The Judicial Pensions Act 1981 (c. 20)

. In section 14A (2) of the Judicial Pensions Act 1981 (modifications of that Act in relation to personal pensions), in the definition of "personal pension scheme", for the words from "by" to the end there is substituted "in accordance with section 7 of the Pension Schemes Act 1993;".

The Insurance Companies Act 1982 (c. 50)

. In the Table in paragraph 3(1) of Schedule 2B to the Insurance Companies Act 1982 (restriction on disclosure of information), the entry relating to the Occupational Pensions Board is omitted.

The Companies Act 1985 (c. 6)

. In Schedule 2 to the Companies Act 1985 (interpretation of references to "beneficial interest"), in paragraphs 3(2) (b) and 7(2) (b), for "state scheme premium" there is substituted "contributions equivalent premium".

The Income and Corporation Taxes Act 1988 (c. 1)

.—(1) In section 649 of the Income and Corporation Taxes Act 1988 (minimum contributions towards approved personal pension schemes), in subsection (2), for the definition of "the employee's share" there is substituted— the employee's share' of minimum contributions is the amount that would be the minimum contributions if, for the reference in section 45(1) of the Pension Schemes Act 1993 to the appropriate age-related percentage, there were substituted a reference to the percentage mentioned in section 41(1A) (a) of that Act".

(2) This paragraph does not extend to Northern Ireland.

The Social Security Act 1989 (c. 24)

.—(1) Section 29(7) of the Social Security Act 1989 (regulations and orders) is omitted.

(2) In Schedule 5 to that Act (equal treatment in employment related schemes for pensions etc.), paragraph 4 is omitted.

The Social Security Contributions and Benefits Act 1992 (c.4)

. In Schedule 1 to the Social Security Contributions and Benefits Act 1992 (supplementary provisions), in paragraph 8(1) (g), for "state scheme premium" there is substituted "contributions equivalent premium".'.

332 Page 129, line 4, after '1.' insert: '—() The Social Security Administration Act 1992 is amended as follows. () In section 110 (appointment and powers of inspectors)—

  1. (a) in subsections (2) (c) (ii) and (6) (a) (ii), for "state scheme premium" there is substituted "contributions equivalent premium", and
  2. (b) in subsection (7) (e) (i), for "state scheme premiums" there is substituted "contributions equivalent premiums".
() In section 120 (proof of previous offences), in subsections (3) and (4), for "state scheme premiums" there is substituted "contributions equivalent premiums".

()'

333 Page 129, line 4, leave out 'the Social Security Administration Act 1992' and insert 'that Act'.

334 Page 129, line 12, leave out from '(c)' to end of line 13 and insert 'is omitted'.

335 Page 129, leave out line 37.

336 Page 130, leave out lines 22 to 43.

337 Page 130, line 46, at end insert: 'Section 163 (rule against In subsection (6), for perpetuities). "consider" there is substituted "considers" '.

338 Page 130, line 47, leave out from beginning to end of line 6 on page 131.

339 Page 131, line 6, at end insert: '. In section 7—

  1. (a) in subsections (1) and (6), for "Board" there is substituted "Secretary of State", and
  2. (b) in subsection (4), "by the Board" is omitted.'.

340 Page 131, line 11, leave out '42A (3)' and insert '42A (2)'.

341 Page 131, leave out lines 12 to 17 and insert: '() subsection (5) is omitted.'.

342 Page 131, line 19, at end insert: '. In section 10 (protected rights), in subsection (2) (a), after "minimum payments" there is inserted "and payments under section 42A (3)

343 Page 131, line 26, after 'factors)' insert: '() in subsection (3), for the words following "at least" there is substituted "the prescribed percentage for each relevant year after the last service tax year; and the provisions included by virtue of this subsection may also conform with such additional requirements as may be prescribed", and ()'.

344 Page 131, line 33, leave out from 'benefits)' to 'not' in line 34 and insert: '() subsections (1) and (5) are omitted, () in subsection (4), for "(1) to (3)" there is substituted "(2) and (3)";

and subsections (2) and (3) of that section do'.

345 Page 132, line 14, after 'omitted' insert: '() in subsection (3) (a), after "minimum payments" there is inserted "and payments under section 42A (3)"'.

346 Page 132, leave out line 33 and insert: '() subsection (6) is omitted, and () for subsection (7) there is substituted— (7) Without prejudice to the previous provisions of this section, failure of a scheme to comply with any requirements prescribed by virtue of section 25(2) shall be a ground on which the Secretary of State may, in respect of any employment to which the scheme relates, cancel a contracting-out certificate".'.

347 Page 132, line 36, leave out paragraph 23 and insert: '. For section 37 (alteration of rules of contracted-out schemes) there is substituted—

"Alteration of rules of contracted-out schemes.

37.—(1) Except in prescribed circumstances, the rules of a contracted-out scheme cannot be altered unless the alteration is of a prescribed description.

(2) Regulations made by virtue of subsection (1) may operate so as to validate with retrospective effect any alteration of the rules which would otherwise be void under this section.

(3) References in this section to a contracted-out scheme include a scheme which has ceased to be contracted-out so long as any person is entitled to receive, or has accrued rights to, any benefits under the scheme attributable to a period when the scheme was contracted-out.

(4) The reference in subsection (3) to a person entitled to receive benefits under a scheme includes a person so entitled by virtue of being the widower of an earner only in such cases as may be prescribed.'.

348 Page 133, line 16, at end insert: '. In section 43 (payment of minimum contributions), in subsection (1), after "circumstances" there is inserted "or in respect of such periods".'.

349 Page 133, line 18, at end insert: '. In section 46(1) (effect of entitlement to guaranteed minimum pensions on payment of social security benefits), for sub-paragraph (i) there is substituted— (i) to that part of its additional pension which is attributable to earnings factors for any tax years ending before the principal appointed day".'.

350 Page 133, line 18, at end insert: '. In section 50 (powers to approve arrangements for scheme ceasing to be certified)—

(a) in subsection (1) (a)—

  1. (i) at the end of sub-paragraph (i) there is inserted "or accrued rights to pensions under the scheme attributable to their service on or after the principal appointed day", and
  2. (ii) in sub-paragraph (ii), for "guaranteed minimum pensions under the scheme" there is substituted "such pensions",

(b) after subsection (1) there is inserted— (1A) The power of the Secretary of State to approve arrangements under this section—

  1. (a) includes power to approve arrangements subject to conditions, and
  2. (b) may be exercised either generally or in relation to a particular scheme.

(1B) Arrangements may not be approved under this section unless any prescribed conditions are met", (c) subsection (7) is omitted.

. In section 51 (calculation of GMPs preserved under approved arrangements), in subsection (1) (a), for "are subject to approved arrangements" there is substituted "satisfy prescribed conditions".

. In section 52 (supervision of schemes which have ceased to be certified)— (a) in subsection (2), for paragraphs (a) and (b) there is substituted— (a) the scheme has ceased to be a contracted-out scheme, and (b) any persons remain who fall within any of the following categories.

(2A) Those categories are— (a) any persons entitled to receive, or having accrued rights to—

  1. (i) guaranteed minimum pensions, or
  2. (ii) pensions under the scheme attributable to service on or after the principal appointed day but before the scheme ceased to be contracted-out,

(b) any persons who have protected rights under the scheme or are entitled to any benefit giving effect to protected rights under it", (b) in subsection (3), for paragraphs (a) and (b) there is substituted—
  1. "(a) the scheme has ceased to be an appropriate scheme, and
  2. (b) any persons remain who have protected rights under the scheme or are entitled to any benefit giving effect to protected rights under it", and
  3. (c) subsections (4) to (6) are omitted.

. In section 53 (supervision: former contracted-out schemes)—

(a) for subsection (1) there is substituted— (1) The Secretary of State may direct the trustees or managers of the scheme, or the employer, to take or refrain from taking such steps as the Secretary of State may specify in writing; and such a direction shall be final and binding on the person directed and any person claiming under him. (1A) An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them. (1B) A direction under subsection (1) shall be enforceable—

  1. (a) in England and Wales, in a county court as if it were an order of that court, and
  2. (b) in Scotland, by the sheriff, as if it were an order of the sheriff and whether or not the sheriff could himself have given such an order",

(b) subsection (2) is omitted,

(c) for subsection (3) there is substituted— (3) If a certificate has been issued under subsection (2) of section 50 and has not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 52(2A) (a) or (b) must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the Secretary of State may allow",

(d) subsections (4) and (5) are omitted. In section 54 (supervision: former appropriate personal pension schemes)—

(a) for subsections (1) and (2) there is substituted— (1) The Secretary of State may direct the trustees or managers of the scheme to take or refrain from taking such steps as the Secretary of State may specify in writing; and such a direction shall be final and binding on the person directed and any person claiming under him. (1A) An appeal on a point of law shall lie to the High Court or, in Scotland, the Court of Session from a direction under subsection (1) at the instance of the trustees or managers or the employer, or any person claiming under them. (1B) A direction under subsection (1) shall be enforceable—

  1. (a) in England and Wales, in a county court as if it were an order of that court, and
  2. (b) in Scotland, by the sheriff, as if it were an order of the sheriff and whether or not the sheriff could himself have given such an order.
(2) If a certificate has been issued under subsection (2) of section 50 and has not been cancelled under subsection (3) of that section, any liabilities in respect of such entitlement or rights as are referred to in section 52(3) (b) must, except in prescribed circumstances, be discharged (subject to any directions under subsection (1)) in a prescribed manner and within a prescribed period or such longer period as the Secretary of State may allow", (b) subsection (3) is omitted.'.

351 Page 133, line 45, after "'55(2A) (c)"' insert 'and after widow" there is added "or widower" '.

352 Page 134, line 38, at end insert: ' In section 96 (right to cash equivalent: exercise of options)—

  1. (a) in subsection (2) (a), after "guaranteed minimum pensions" there is inserted "his accrued rights so far as attributable to service in contracted-out employment on or after the principal appointed day", and
    2. 1788
  2. (b) in subsection (3) (a), for "guaranteed minimum pensions" there is substituted "pensions, being guaranteed minimum pensions or pensions so far as attributable to service in contracted-out employment on or after the principal appointed day".'.

353 Page 135, line 17, leave out paragraph 43.

354 Page 135, line 19, after '5"' insert '"172, 173"'.

355 Page 135, line 24, after '5"' insert '"172, 173"'.

356 Page 135, line 29, leave out from 'premium"' to end of line 30 and insert: '() the "and" at the end of paragraph (c) is omitted, and () for the words following paragraph (d) there is substituted "and (e) any question whether an employment is, or is to be treated, for the purposes of the Pension Schemes Act 1993 as contracted-out employment or as to the persons in relation to whom, or the period for which, an employment is, or is to be treated, for the purposes of that Act as such employment",'.

357 Page 135, line 31, at end insert 'and

() at the end of that section there is added— (7) Sections 18 and 19 of the Social Security Administration Act 1992 (appeals and reviews) shall have effect as if the questions mentioned in subsection (1) of section 17 of that Act included—

  1. (a) any question arising in connection with the issue, cancellation or variation of contracting-out certificates or appropriate scheme certificates, not being a question mentioned in subsection (1) (e) above, and
  2. (b) any other question arising under this Act which falls to be determined by the Secretary of State. not being a question mentioned in that subsection.
(8) Regulations may make provision with respect to the procedure to be adopted on any application for a review made under section 19 of that Act by virtue of subsection (7) above and generally with respect to such applications and reviews, but may not prevent such a review being entered upon without an application being made". . In section 171 (questions arising in proceedings), in subsection (1) (b), for "state scheme premium" there is substituted "contributions equivalent premium". . Sections 172 and 173 (reviews and appeals) are repealed.'.

358 Page 135, line 37, leave out '(3) (b) (ii)' and insert '(3) (b)—

  1. (i) in sub-paragraph (i), "sections 2 to 5", "172, 173" and "and Schedule 1" are omitted, and
  2. (ii) in sub-paragraph (ii)'.

359 Page 135, line 40, at end insert "172,173"'.

360 Page 136, line 2, leave out 'the definition of "the Board" is omitted' and insert '—

  1. (i) the definitions of "accrued rights premium", "the Board", "contracted-out protected rights premium", "limited revaluation premium", "pensioner's rights premium", "personal pension protected rights premium", "state scheme premium" and "transfer premium" are omitted, and
  2. (ii) in the definition of "contributions equivalent premium", for "section 55(6) (e)" there is substituted "section 55(2)".'

361 Page 136, line 4, leave out from beginning to 'omitted' and insert "172,173" and "and Schedule 1" are'.

362 Page 136, line 7, after '5- insert '"172,173"'.

363 Page 136, line 24, leave out 'and'.

364 Page 136, line 25, at end insert 'and () in subsection (8), for "172(4)" there is substituted "170(8)"'.

365 Page 136, line 29, at end insert 'and "section 172(4) and (5)" is omitted'.

366 Page 136, line 42, leave out "'64- and insert "'63"'.

367 Page 136, line 43, leave out 'for "65" there is substituted "64- and insert "'to 65" is omitted'.

368 Page 136, line 43, at end insert: '() in paragraph 9, for sub-paragraphs (3) to (5) there is substituted— (2A) Sub-paragraphs (3) and (4) shall be omitted".'

369 Schedule 6, page 137, line 6, at end insert:

'The Public Records Act 1958 (c. 51)

. In Schedule 1 to the Public Records Act 1958 (definition of "Public Record"), in Part II of the Table, there is inserted at the appropriate place— Pensions Ombudsman.

The Pension Schemes Act 1993 (c. 48)'

370 Page 138, line 37, at end insert: In section 145 (Pensions Ombudsman), in subsection (5), "with the approval of the Treasury" is omitted'.

371 Page 138, line 37, at end insert: In section 151(5) (b) (enforcement in Scotland of Pensions Ombudsman's determinations), for the words from "Scotland," to the end there is substituted "in like manner as an extract registered decree arbitral bearing warrant for execution issued by the sheriff court of any sheriffdom in Scotland.".'.

372 Page 138, line 37, at end insert: After section 158, there is inserted—

"Other disclosures by the Secretary of State.

.—(1) The Secretary of State may, in spite of any obligation as to secrecy or confidentiality imposed by statute or otherwise on him or on persons employed in the Department of Social Security, disclose any information received by him in connection with his functions under this Act or the Pensions Act 1995 to any person specified in the first column of the following Table if he considers that the disclosure would enable or assist the person to discharge the functions specified in relation to the person in the second column of the Table.

TABLE
Persons Functions
The Treasury. Functions under the Financial Services Act 1986.
The Bank of England. Functions under the Banking Act 1987 or any other functions.
The Regulatory Authority. Functions under this Act or the Pensions Act 1995, or any enactment in forcing Northern Ireland corresponding to either of them.
The Pensions Compensation Board. Functions under the Pensions Act 1995 or any corresponding enactment in force in Northern Ireland.
The Friendly Societies Commission. Functions under the enactments relating to friendly societies
Persons Functions
The Building Societies Commission. Functions under the Building Societies Act 1986.
An inspector appointed by the Secretary of State. Functions under section 94 or 177 of the Financial Services Act 1986.
A person authorised to exercise powers under section 106 of the Financial Services Act 1986. Functions under that section.
A designated agency or transferee body or the competent authority (within the meaning of the Financial Services Act 1986). Functions under the Financial Services Act 1986.
A recognised self-regulating organisation, recognised professional body, recognised investment exchange or recognised clearing house (within the meaning of the Financial Services Act 1986) Functions in its capacity as an organisation, body, exchange or clearing house recognised under the Financial Services Act 1986.

(2) The Secretary of State may by order—

(a) amend the Table in subsection (1) by—

  1. (i) adding any person exercising regulatory functions and specifying functions in relation to that person,
  2. (ii) removing any person for the time being specified in the Table, or
  3. (iii) altering the functions for the time being specified in the Table in relation to any person, or

(b) restrict the circumstances in which, or impose conditions subject to which, disclosure may be made to any person for the time being specified in the Table".'.

373 Page 138, leave out line 42.

374 Schedule 7, page 139, line 26, leave out '13' and insert '14'.

375 Page 139, column 3, leave out line 28.

376 Page 139, column 3, line 44, at end insert: 'In section 132, "the equal access requirements".In section 133(1), "the equal access requirements".In section 134, in subsection (3), "the equal access requirements" and, in subsection (4), "or the equal access requirements" and "or, as the case may be, section 118(1)".In section 136(2) (e) (iv), "or the equal access requirements".In section 139(2), "the equal access requirements".In section 140(4), paragraph (c) and the "and" immediately preceding it.'.

377 Page 140, line 4, after '108)"' insert 'subsections (3) and (4)'.

378 Page 140, column 3, leave out line 9 and insert: 'In section 170, subsections (5) and (6)'.

379 Page 140, column 3, line 11, at end insert: 'In section 181(1), the definition of "equal access requirements"'.

380 Page 140, line 20, leave out 'paragraph 1' and insert: 'paragraphs 1 and 3.In Schedule 8, paragraph 3'.

381 Page 140, line 29, column 3, leave out 'the words from "but" to "70"' and insert: 'in subsection (1) (a), the words from "but" to "70", and subsection (4)'.

382 Page 140, line 47, at end insert: '1958 c. 51. The Public Records Act 1958. In Schedule 1, in the Table, the entry relating to the Occupational Pensions Board. 1975 c. 24. The House of Commons Disqualification Act 1975. In Part II of Schedule 1, the entry relating to the Occupational Pensions Board. 1975 c. 25. The Northern Ireland Assembly Disqualification Act 1975. In Part II of Schedule 1, the entry relating to the Occupational Pensions Board. 1975 c. 60. The Social Security Pensions Act 1975. In section 61B (1), "except any power of the Occupational Pensions Board to make orders". 1979 c. 50. The European Parliament (Pay and Pensions) Act 1979. In section 6(4), "and the Occupational Pensions Board". 1982 c. 50. The Insurance Companies Act 1982. In Schedule 2B, in paragraph 3(1), in the Table, the entry relating to the Occupational Pensions Board. 1989 c. 24. The Social Security Act 1989. Section 29(7).In Schedule 5, paragraph 4.'.

383 Page 141, line 7, column 3, leave out from '(c)' to end of line 8.

384 Page 141, line 19, column 3, at end insert: 'In section 7(4), "by the Board"'.

385 Page 141, line 19, column 3, at end insert: 'Section 8(5)'.

386 Page 141, column 3, leave out lines 25 to 31 and insert: 'Section 22.In section 23, subsections (1) and (5).Section 24.In section 25, subsections (1) and (3). Section 28(7).Section 31(1).Section 34(6).'.

387 Page 141, column 3, leave out lines 33 to 35.

388 Page 141, line 44, column 3, at end insert 'and, in paragraph (e), the words following "prescribed period'".

389 Page 141, line 44, column 3, at end insert: 'In section 48(2), paragraph (b) and, in paragraph (c), "if the earner dies before reaching pensionable age".'.

390 Page 141, line 44, column 3, at end insert: 'Section 50(7).In section 52, subsections (4) to (6).In section 53, subsections (2), (4) and (5).Section 54(3).'.

391 Page 142, leave out lines 24 to 26.

392 Page 142, line 28, after '5'" insert '"172,173'".

393 Page 142, line 30, after '5" insert '"172,173"'.

394 Page 142, line 33, leave out from '(1)' to 'and' in line 34 and insert 'the "and" at the end of paragraph (c)'.

395 Page 142, column 3, line 35, at end insert: 'Sections 172 and 173.'.

396 Page 142, line 36, after '177' insert 'in subsection (3) (b) (i), "sections 2 to 5", "172, 173" and "and Schedule 1"'.

397 Page 142, line 43, after '5''' insert "172, 173"'.

398 Page 142, line 46, column 3, leave out 'definition of "the Board"' and insert 'definitions of "accrued rights premium,", "the Board", "contracted-out protected rights premium", "limited revaluation premium", "pensioner's rights premium", "personal pension protected rights premium", "state scheme premium" and "transfer premium"'.

399 Page 142, line 47 at end insert "'172, 173" and'.

400 Page 142, line 54, after '5"' insert "'172, 173"'.

401 Page 142, column 3, line 60, at end insert: In section 192(2), "section 172(4) and (5)".'.

402 Page 143, line 6, column 3, after 'Board"' insert 'in sub-paragraph (2) "to 65"'.

403 Page 143, line 21, column 3, at end insert 'In section 145, "with the approval of the Treasury".'.

404 Page 143, line 48, leave out from '1971' to end of line 49 and insert 'shall come into force on the day this Act is passed'.

Lord Mackay of Ardbrecknish

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 244 to 404. I have already spoken to these amendments in various debates.

Moved, That the House do agree with the Commons in their Amendments Nos. 244 to 404. —(Lord Mackay of Ardbrecknish.)

On Question, Motion agreed to.