LORDS AMENDMENT

HL Deb 08 November 1999 vol 606 cc1228-9

54 Clause 71, leave out Clause 71.

The Commons disagreed to this amendment but proposed the following amendments to the words so restored to the Bill— 54A Page 77, line 16, leave out ("in any specified circumstances") 54B Page 77, line 20, leave out ("and"). 54C Page 77, line 22, leave out ("a contract between the client and a third party,") and insert ("arrangements involving a third person (and not referable to any contract between the client and the worker),"). 54D Page 77, line 23, at end insert ("and

1. (c) the circumstances are such that, were the services to be performed by the worker under a contract between him and the client, he would be regarded for the purposes of the applicable provisions of this Act as employed in employed earner's employment by the client,").

54E Page 77, line 25, leave out ("the purposes of the applicable provisions of this Act") and insert ("those purposes"). 54F Page 77, line 27, leave out from ("his") to end of line 28. 54G Page 77, leave out lines 29 to 33 and insert—

• ("(2) For the purposes of this section—
1. (a) "the intermediary" means—
1. (i) where the third person mentioned in subsection (1)(b) above has such a contractual or other relationship with the worker as may be specified, that third person, or
2. (ii) where that third person does not have such a relationship with the worker, any other person who has both such a relationship with the worker and such a direct or indirect contractual or other relationship with the third person as may be specified; and
2. (b) a person may be the intermediary despite being—
1. (i) a person with whom the worker holds any office or employment, or
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2. (ii) a body corporate, unincorporated body or partnership of which the worker is a member;

and subsection (1) above applies whether or not the client is a person with whom the worker holds any office or employment."). 54H Page 77, line 38, leave out ("relevant payments or benefits,") and insert ("the specified amount of relevant payments or benefits (the worker's "attributable earnings"),"). 54 Page 77, line 39, leave out ("client") and insert ("intermediary"). 54K Page 77, line 40, leave out ("client") and insert ("intermediary (whether or not he fulfils the conditions prescribed under section 1(6)(a) above for secondary contributors)"). 54L Page 77, line 41, leave out from ("of") to end of line 43 and insert ("the worker's attributable earnings;"). 54M Page 77, line 47, leave out from ("of") to ("period") in line 2 on page 78 and insert ("the worker's attributable earnings for any specified"). 54N Page 78, line 3, at end insert—

• ("( ) for aggregating any such amount, for purposes relating to contributions, with other earnings of the worker during any such period;
• for determining the date by which contributions payable in respect of the worker's attributable earnings are to be paid and accounted for;").

54P Page 78, line 14, leave out ("third party") and insert ("intermediary"). 54Q Page 78, line 21, at end insert ("persons, whether—(i)") 54R Page 78, line 24, after ("1988)") insert (", or

1. (ii) persons of any other specified description,").

54S Page 78, line 32, at end insert—

• ("( ) Regulations made in pursuance of subsection (3)(c) above may, in particular, make provision—
1. (a) for the making of a deduction of a specified amount in respect of general expenses of the intermediary as well as deductions in respect of particular expenses incurred by him:
2. (b) for securing reductions in the amount of the worker's attributable earnings on account of—
1. (i) any secondary Class 1 contributions already paid by the intermediary in respect of actual earnings of the worker, and
2. (ii) any such contributions that will be payable by him in respect of the worker's attributable earnings.").

54T Page 78, leave out lines 38 to 48. 54U Page 79, line 12, leave out ("third party") and insert ("intermediary"). 54V Page 79, leave out lines 17 to 21.

Lord McIntosh of Haringey

My Lords, I beg to move that the House do not insist on their Amendment No. 54 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 54A to 54V to the words so restored to the Bill.

Moved, That the House do not insist on their Amendment No. 54 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 54A to 54V to the words so restored to the Bill.—(Lord McIntosh of Haringey.)

On Question, Motion agreed to.