Notices of Amendments: 7 March 2018                     

15

Financial Guidance and Claims Bill-[Lords], continued

Secretary Esther McVey

23

Clause  20,  page  17,  line  46,  at end insert—

“( )    

make further provision about how, and to whom, a beneficiary may

indicate that they have received or opted out of receiving appropriate

pensions guidance for the purposes of subsection (3);”

Member’s explanatory statement

This amendment is the equivalent to Amendments 15 and 19 for occupational pension schemes in

Northern Ireland.

Secretary Esther McVey

24

Clause  20,  page  18,  line  2,  leave out from second “a” to end of line 3 and insert

“communication that is made for the purposes of complying with the duty in subsection

(3)”

Member’s explanatory statement

This amendment is the equivalent to Amendments 16 and 20 for occupational pension schemes in

Northern Ireland.

Secretary Esther McVey

That Clause 22 be transferred to the beginning of line 1 on page 21

Member’s explanatory statement

This is a drafting change to reorder some of the existing clauses in the Bill to provide a more

logical order following the insertion of NC3 and NC4.

Secretary Esther McVey

25

Clause  25,  page  21,  line  2,  at end insert—

“the “consumer protection function” has the meaning given in section 3(7);”

Member’s explanatory statement

This amendment inserts a definition of “the consumer protection function” into the interpretation

clause, which will be necessary following the amendment to Clause 18 made by Amendment 12,

which refers to the consumer protection function.

Secretary Esther McVey

26

Clause  25,  page  21,  line  7,  at end insert—

““direct marketing” means the communication (by whatever means) of

advertising or marketing material which is directed to particular

individuals;”

Member’s explanatory statement

This amendment inserts a definition of “direct marketing” into the interpretation clause (using the

definition in data protection legislation), which is a term used in the consumer protection function

(see Amendment 10) and in NC3 and NC4.

Notices of Amendments: 7 March 2018                     

16

Financial Guidance and Claims Bill-[Lords], continued

Luciana Berger

Johnny Mercer

Norman Lamb

7

Clause  25,  page  21,  line  9,  at end insert—

““NHS Mental health crisis services” means services provided by NHS

England, NHS Wales, or Health and Social Care in Northern Ireland in

order to treat acute crises in mental health, whether arising from either

acute or chronic mental health conditions.”

Secretary Esther McVey

27

Clause  36,  page  35,  line  25,  after “Sections” insert (Unsolicited direct marketing:

pensions), (Unsolicited direct marketing: other consumer financial products etc) and”

Member’s explanatory statement

This amendment amends the commencement clause so that the new clauses on unsolicited direct

marketing contained in NC3 and NC4, would come into force automatically two months after

Royal Assent.

Jack Dromey

Debbie Abrahams

Mike Amesbury

Vicky Foxcroft

37

Schedule  1,  page  38,  line  4,  at end insert—

“3A(1)  

The term of office of a person appointed as chair under paragraph 2(1)(a) must

not begin before—

(a)    

the person has, in connection with the appointment, appeared before

the Work and Pensions Committee of the House of Commons, or

(b)    

(if earlier) the end of the period of 3 months beginning with the day on

which the appointment is made.

      (2)  

Sub-paragraph (1) does not apply if the person is appointed as chair on an

acting basis, pending a further appointment being made.

      (3)  

The reference to the Work and Pensions Committee of the House of

Commons—

(a)    

if the name of that Committee is changed, is a reference to that

Committee by its new name, and

(b)    

if the functions of that Committee (or substantially corresponding

functions) become functions of a different Committee of the House of

Commons, is to be treated as a reference to the Committee by which

the functions are exercisable.

      (4)  

Any question arising under sub-paragraph (3) is to be determined by the

Speaker of the House of Commons.”

Member’s explanatory statement

This amendment would require the chair of the single financial guidance body to attend a pre-

appointment hearing with the Work and Pensions Committee of the House of Commons before

starting their appointment. If no such hearing is held within three months, the appointment can

also begin.

Notices of Amendments: 7 March 2018                     

17

Financial Guidance and Claims Bill-[Lords], continued

Jack Dromey

Debbie Abrahams

Mike Amesbury

Vicky Foxcroft

38

Schedule  1,  page  38,  line  41,  at end insert:

“6A(1)  

The term of office of a person appointed as chief executive under paragraph

6(1)(a) must not begin before—

(a)    

the person has, in connection with the appointment, appeared before

the Work and Pensions Committee of the House of Commons, or

(b)    

(if earlier) the end of the period of 3 months beginning with the day on

which the appointment is made.

      (2)  

Sub-paragraph (1) does not apply if the person is appointed as chief executive

on an acting basis, pending a further appointment being made.

      (3)  

The reference to the Work and Pensions Committee of the House of

Commons—

(a)    

if the name of that Committee is changed, is a reference to that

Committee by its new name, and

(b)    

if the functions of that Committee (or substantially corresponding

functions) become functions of a different Committee of the House of

Commons, is to be treated as a reference to the Committee by which

the functions are exercisable.

      (4)  

Any question arising under sub-paragraph (3) is to be determined by the

Speaker of the House of Commons.”

Member’s explanatory statement

This amendment would require the chief executive of the single financial guidance body to attend

a pre-appointment hearing with the Work and Pensions Committee of the House of Commons

before starting their appointment. If no such hearing is held within three months, the appointment

can also begin.

Gareth Thomas

Luciana Berger

Stella Creasy

Gareth Snell

Stephen Doughty

Liam Byrne

Frank Field

Lisa Nandy

Dan Jarvis

Clive Efford

Mr Paul Sweeney

Alex Sobel

Chris Evans

Anna Turley

Kate Green

David Hanson

Tracey Brabin

Mike Gapes

Lucy Powell

John Woodcock

2

Schedule  3,  page  45,  line  8,  at end insert—

“17A (1)  

Section 165 (regulators’ power to require information: authorised persons etc)

is amended as follows.

      (2)  

In subsection (4) after paragraph (b) insert—

(c)    

in relation to the exercise by the FCA of the powers conferred by

subsections (1) and (3), information and documents reasonably

required by the single financial guidance body in connection with the

Notices of Amendments: 7 March 2018                     

18

Financial Guidance and Claims Bill-[Lords], continued

exercise by the body of its functions as set out in section 3 of the

Financial Guidance and Claims Act 2018.”

Member’s explanatory statement

This amendment extends the FCA’s power to require information from authorised persons to

include information required by the single financial guidance body for carrying out its functions.

Secretary Esther McVey

28

Title,  line  2,  leave out “cold-calling and”

Member’s explanatory statement

This amendment, together with Amendment 29, amends the long title in consequence of NC3 and

NC4.

Secretary Esther McVey

29

Title,  line  3,  at end insert “to provide a power to make regulations prohibiting unsolicited

direct marketing in relation to pensions and other consumer financial products and

services;”

Member’s explanatory statement

See explanatory statement for Amendment 28.

Order of the House [22 JANUARY 2018]

That the following provisions shall apply to the Financial Guidance and Claims Bill

[Lords]:

Committal

1.    

The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 6 February 2018.

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Proceedings on Consideration and up to and including Third Reading

4.    

Proceedings on Consideration and any proceedings in legislative grand

committee shall (so far as not previously concluded) be brought to a

conclusion one hour before the moment of interruption on the day on which

those proceedings are commenced.

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

Notices of Amendments: 7 March 2018                     

19

Financial Guidance and Claims Bill-[Lords], continued

6.    

Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.    

Any other proceedings on the Bill may be programmed.