§ 63 After Clause 34, insert the following clause:
§ Exercise of powers by member trustees
'.No rule of law that a trustee may not exercise the powers vested in him so as to give rise to a conflict between his personal interest and his duties to the beneficiaries shall apply to a trustee of a trust scheme, who is also a member of the scheme, exercising the powers vested in him in any manner, merely because their exercise in that manner benefits, or may benefit, him as a member of the scheme.'.
§ 64 Clause 35, page 22, line 39, leave out from beginning to 'is' in line 40 and insert 'If any resources of an occupational pension scheme are invested in contravention of subsection (1), any trustee or manager who agreed in the determination to make the investment'.
§ 65 Clause 36, page 23, line 7, leave out 'audited accounts' and insert 'accounts audited by the auditor'.
§ 66 Page 23, line 8, leave out 'an' and insert 'the'.
§ 67 Page 23, line 9, leave out 'an' and insert 'the'.
§ 68 Page 23, line 25, at end insert 'in the case of occupational pension schemes to which section 41 does not apply'.
§ 69 Page 23, line 32, leave out from beginning to 'make' and insert 'Regulations shall make provision for referring to an industrial tribunal any question whether an organisation is such a trade union as is mentioned in subsection (4) (d) and may'.
§ 70 After Clause 40, insert the following clause:
§ Right not to suffer detriment in employment or be unfairly
dismissed
'.—(1) Subject to subsection (2), an employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that, being a trustee of a trust scheme which relates to his employment, the employee performed (or proposed to perform) any functions as such a trustee.
§ (2) Subsection (1) does not apply where the detriment in question amounts to dismissal, except where an employee is dismissed in circumstances in which, by virtue of section 142 of the Employment Protection (Consolidation) Act 1978 ("the 1978 Act"), section 54 of that Act does not apply to the dismissal.
§ (3) Sections 22B and 22C of the 1978 Act (which relate to proceedings brought by an employee on the grounds that he has been subjected to a detriment in contravention of section 22A of that Act) shall have effect as if the reference in section 22B (1) to section 22A included a reference to subsection (1).
§ (4) In the following provisions of the 1978 Act—
- (a) section 129 (remedy for infringement of certain rights),
- (b) section 141(2) (employee ordinarily working outside Great Britain), and
- (c) section 150 and Schedule 12 (death of employee or employer), any reference to Part II of that Act includes a reference to subsection (1).
§ (5) The dismissal of an employee by an employer shall be regarded for the purposes of Part V of the 1978 Act as unfair if the reason (or, if more than one, the principal reason) for it is that, being a trustee of a trust scheme which relates to his employment, the employee performed (or proposed to perform) any functions as such a trustee.
§ (6) Where the reason or the principal reason for which an employee was selected for dismissal was that he was redundant, but it is shown—
- (a) that the circumstances constituting the redundancy applied equally to one or more other employees in the same undertaking who held positions similar to that held by him and who have not been dismissed by the employer, and
- (b) that the reason (or, if more than one, the principal reason) for which he was selected for dismissal was that specified in subsection (5),
§ (7) Section 54 of the 1978 Act (right of employee not to be unfairly dismissed) applies to a dismissal regarded as unfair by virtue of subsection (5) or (6) regardless of the period for which the employee has been employed and of his age; and accordingly section 64(1) of that Act (which provides a qualifying period and an upper age limit) does not apply to such a dismissal.
§ (8) Any provision in an agreement (whether a contract of employment or not) shall be void in so far as it purports—
- (a) to exclude or limit the operation of any provision of this section, or
- (b) to preclude any person from presenting a complaint to an industrial tribunal by virtue of any provision of this section.
§ (9) Subsection (8) does not apply to an agreement to refrain from presenting or continuing with a complaint where—
- (a) a conciliation officer has taken action under section 133(2) or (3) of the 1978 Act (general provisions as to conciliation) or under section 134(1), (2) or (3) (conciliation in case of unfair dismissal) of that Act, or
- (b) the conditions regulating compromise agreements under the 1978 Act (as set out in section 140(3) of that Act) are satisfied in relation to the agreement.
§ (10) In this section, "dismissal" has the same meaning as in Part V of the 1978 Act.
§ (11) Section 153 of the 1978 Act (general interpretation) has effect for the purposes of this section as it has effect for the purposes of that Act.'.
§ 71 Clause 41, page 25, line 16, leave out 'trust' and insert 'occupational pension'.
§ 72 Page 25, line 17, after 'trustees' insert 'or managers'.
§ 73 Page 25, line 20, after 'trustees' insert 'or managers'.
§ 74 Page 25, line 22, leave out 'trust' and insert 'occupational pension'.
§ 75 Page 25, line 24, after 'by' insert 'or on behalf of.
§ 76 Page 25, line 24, after 'trustees' insert 'or managers'.
§ 77 Page 25, line 25, leave out 'a trust' and insert 'an occupational pension'.
§ 78 Page 25, line 25, leave out from 'person' to 'to' in line 29 and insert:
- '(a) is appointed otherwise than by the trustees or managers as legal adviser or to exercise any prescribed functions in relation to the scheme, or
- (b) is appointed otherwise than by or on behalf of the trustees or managers as a fund manager,
- sections 3 and 10 apply'.
§ 79 Page 25, line 29, after 'trustee' insert 'and section 10 applies to any manager'.
§ 80 Page 25, line 31, leave out 'a trust' and insert 'an occupational pension'.
§ 81 Page 25, line 32, leave out from 'actuary' to 'referred' in line 35 and insert 'and legal adviser appointed by the trustees or managers,
() any fund manager appointed by or on behalf of the trustees or managers, and
() any person appointed by the trustees or managers to exercise any of the functions referred to in subsection (3) (a), are'.
§ 82 Page 25, line 36, at beginning insert 'This section does not apply to an occupational pension scheme falling within a prescribed class or description and'.
1707§ 83 Page 25, line 41, leave our from 'which' to end of line 42 and insert 'professional advisers may be appointed and removed'.
§ 84 Page 25, line 43, leave out from 'which' to '(including' in line 44 and insert 'professional advisers may be appointed'.
§ 85 Page 26, line 1, after 'trustees' insert 'or managers'.
§ 86 Page 26, line 3, leave out 'a trust' and insert 'an occupational pension'.
§ 87 Page 26, line 6, after 'trustee' insert 'and section 10 applies to any manager'.
§ 88 Page 26, line 8, leave out 'trust' and insert 'occupational pension'.
§ 89 Page 26, line 11, after 'trustees' insert 'or managers'.
§ 90 Page 26, line 13, after 'trustees' insert 'or managers'.
§ 91 Page 26, line 15, at end insert:
'() If in the case of an occupational pension scheme a person fails to comply with any duty imposed under subsection (9) (a), section 10 applies to him.
() If in the case of an occupational pension scheme any duty imposed under subsection (9) (b) is not complied with, sections 3 and 10 apply to any trustee, and section 10 applies to any manager, who has failed to take all such steps as are reasonable to secure compliance.'.
§ 92 Clause 42, page 26, line 16, leave out 'trust' and insert 'occupational pension'.
§ 93 Page 26, line 19, after 'trustees' insert 'or managers'.
§ 94 Page 26, line 26, leave out 'trust' and insert 'occupational pension'.
§ 95 Page 26, line 29, leave out 'trust' and insert 'occupational pension'.
§ 96 Page 26, line 31, at end insert:
§ '(3A) If in the case of any occupational pension scheme any professional adviser (other than the auditor or actuary), any trustee or manager or any person involved in the administration of the scheme has reasonable cause to believe as mentioned in paragraphs (a) and (b) of subsection (1), he may give a report of the matter to the Authority.
§ (3B) In the case of any such scheme, no duty to which any such adviser, trustee or manager or other person is subject shall be regarded as contravened merely because of any information or opinion contained in a report under this section; but this subsection does not apply to any information disclosed in such a report by the legal adviser of an occupational pension scheme if he would be entitled to refuse to produce a document containing the information in any proceedings in any court on the grounds that it was the subject of legal professional privilege or, in Scotland, that it contained a confidential communication made by or to an advocate or solicitor in that capacity.
§ (3C) Subsections (1) to (3B) apply to any occupational pension scheme to which section 41 applies.'.
§ 97 Page 26, line 37, leave out 'trust' and insert 'occupational pension'.
§ 98 Page 26, line 39, leave out 'trust scheme or all trust' and insert 'occupational pension scheme or all occupational pension'.
§ 99 Page 26, line 43, after 'subsections' insert 'by order'.
§ 100 Page 26, line 45, leave out 'a trust' and insert 'an occupational pension'.
§ 101 Page 27, line 2, leave out 'a trust' and insert 'an occupational pension'.
§ 102 Clause 43, Page 27, line 35, after '(3)' insert 'or (5)'.
§ Lord Mackay of ArdbrecknishMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 63 to 102 en bloc. I have already spoken to these amendments.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 63 to 102.—(Lord Mackay of Ardbrecknish.)
§ On Question, Motion agreed to.