LORDS AMENDMENT

HL Deb 08 November 1999 vol 606 cc1226-8

53 Clause 70, leave out Clause 70.

The Commons disagreed to this amendment but proposed the following amendments to the words so restored to the Bill— 53A Page 74, line 36, leave out ("in any specified circumstances") 53B Page 74, line 40, leave out ("and") 53C Page 74, line 42, 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),") 53D Page 74. line 43, 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,").

53E Page 75. line 1, leave out ("the purposes of the applicable provisions of this Act") and insert ("those purposes") 53F Page 75, line 3, leave out from ("his") to end of line 4. 53G Page 75, leave out lines 5 to 9 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 relations lip 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
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."). 53H Page 75, line 14, leave out ("relevant payments or benefits,") and insert ("the specified amount of relevant payments or benefits (the worker's "attributable earnings"),"). 53 Page 75, line 15, leave out ("client") and insert ("intermediary"). 53K Page 75, line 16, leave out ("client") and insert ("intermediary (whether or not he fulfils the conditions prescribed under section 1(6)(a) above for secondary contributors)"). 53L Page 75, line 17, leave out from ("of") to end of line 19 and insert ("the worker's attributable earnings;"). 53M Page 75, line 23, leave out from ("of") to ("period") in line 25 and insert (" the worker's attributable earnings for any specified"). 53N Page 75, line 26, 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;").

53P Page 75, line 37, leave out ("third party") and insert ("intermediary"). 53Q Page 75, line 44, at end insert ("persons, whether—

1. (i)")

53R Page 75, line 47, after ("1988)") insert (", or

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

53S Page 76, line 7, at end insert—

• ("( ) Regulations made in pursuance of subsection (3)(c) above may, in particular, make provision—
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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.").

53T Page 76, leave out lines 13 to 23. 53U Page 76, line 35, leave out ("third party") and insert ("intermediary"). 53V Page 76, leave out lines 40 to 44.

Lord McIntosh of Haringey

My Lords. I beg to move that the House do not insist on their Amendment No. 53 to which the Commons have disagreed and do agree with the Commons in their Amendments Nos. 53A to 53V to the words so restored to the Bill.

Moved, that the House do not insist on their Amendment No. 53 to which the Commons have disagreed and do agree with the Commons in their Amendment Nos. 53A to 53V to the words so restored to the Bill. —(Lord McIntosh of Haringey.)

On Question, Motion agreed to.

[Motion No. 54W not moved.]