§ (".—(1) Every occupational pension scheme shall be taken to include a provision ("a non-discrimination rule")—
- (a) relating to the terms on which—
- (i) persons become members of the scheme; and
- (ii) members of the scheme are treated; and
- (b) requiring the trustees or managers of the scheme to refrain from any act or omission which, if done in relation to a person by an employer, would amount to unlawful discrimination against that person for the purposes of this Part.
§ (2) The other provisions of the scheme are to have effect subject to the non-discrimination rule.
§ (3) Without prejudice to section 59, regulations under this Part may—
- (a) with respect to trustees or managers of occupational pension schemes make different provision from that made with respect to employers; or
- (b) make provision modifying the application to such trustees or managers of any regulations made under this Part, or of any provisions of this Part so far as they apply to employers.
§ (4) In determining, for the purposes of this section, whether an act or omission would amount to unlawful discrimination if done by an employer, any provision made under subsection (3) shall be applied as if it applied in relation to the notional employer.").
§ The noble Lord said: My Lords, I have already spoken to Amendment No. 20 and also Amendment No. 21 with Amendment No. 4. I would wish to move Amendments Nos. 20 and 21.1019
§ Baroness Hollis of Heigham
My Lords, perhaps the Minister would care to move Amendments Nos. 20 and 21 separately given the difficulties of handling such amendments at Third Reading.
§ Lord Mackay of Ardbrecknish
My Lords, I am content to do what the noble Baroness suggests. I beg to move Amendment No. 20.
§ On Question, amendment agreed to.
§ Lord Mackay of Ardbrecknish moved Amendment No. 21:
§ After Clause 15, insert the following new clause—