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S.C.D.
Amendment Paper as at
Tuesday 16th March 1999
STANDING COMMITTEE D
WELFARE REFORM AND PENSIONS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [2nd March], as follows:—
Clauses 1 to 5, Schedule 1, Clauses 6 to 14, Schedule 2, Clause 15, Schedule 3, Clauses 16 and 17, Schedule 4, Clauses 18 to 27, Schedule 5, Clauses 28 to 42, Schedule 6, Clauses 43 to 47, Clause 50, Clause 48, Schedule 7, Clause 49, Clause 60, Clause 58, Clauses 51 to 57, Clauses 61 to 68, Clause 71, New Clauses, New Schedules, Clause 59, Schedule 8, Clause 69, Schedule 9, Clause 70, Clause 72, Schedule 10, Clauses 73 to 75.
Mr David Rendel
Mr Mark Oaten
26
Clause 4, page 4, line 10, after '(1)', insert 'Subject to subsection (7) below,'.
Mr Stephen Timms
18
Clause 4, page 4, line 11, leave out 'of relevant employees'.
Mr Stephen Timms
19
Clause 4, page 4, line 18, leave out 'provisions' and insert 'requirements'.
Mr Stephen Timms
20
Clause 4, page 4, line 19, leave out 'provisions' and insert 'requirements'.
Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles
15
Clause 4, page 4, line 23, at end insert—
'(1A) Should the inspector's actions under this section cause the employer to incur costs or cause the employer to suffer loss together exceeding £100 then the employer shall be compensated by payment of the full value of loss and costs by the Authority.'.
Mr Stephen Timms
21
Clause 4, page 4, line 26, leave out 'relevant'.
Mr Stephen Timms
22
Clause 4, page 4, leave out lines 35 to 39.
Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles
33
Clause 4, page 4, line 39, at end insert—
'(5A) No inspection in accordance with this section shall take place unless the employer has failed within 30 days to give satisfactory responses to written enquiries or unless there is prima facie evidence of the employer having committed an offence under this Act.'.
Mr Stephen Timms
23
Clause 4, page 4, leave out line 42.
Mr David Rendel
Mr Mark Oaten
27
Clause 4, page 4, line 42, at end add—
'(7) This power shall be subject to annual review by the Secretary of State'.
Mr Stephen Timms
24
Schedule 1, page 66, line 15, leave out 'this' and insert 'that'.
Mr Stephen Timms
25
Schedule 1, page 66, line 16, at end insert—
'(4) Any reference in this paragraph or paragraph 3 which is or includes a reference to subsection (4) or (5) of section 2 includes a reference to any enactment in Northern Ireland corresponding to that subsection.
3.—(1) Section 99 of the 1995 Act shall have effect in relation to any occupational pension scheme which is or has been registered under section 2 as if the regulatory provisions for the purposes of subsection (1) of section 99 included sections 1 and 2(4) to (6).
(2) Section 100 of the 1995 Act shall have effect in relation to any occupational pension scheme which is or has been registered under section 2 as if the references in subsections (1)(c)(i) and (4)(b) to that Act included references to section 2(5).'
Mr David Rendel
Mr Mark Oaten
28
Clause 6, page 5, line 11, after '(1)', insert 'Subject to an affirmative resolution of both Houses of Parliament'.
Mr Stephen Timms
43
Clause 8, page 8, line 18, at end insert—
| 'Obtaining information for purposes of section 111A. | 111B.—(1) Any person appearing to the Regulatory Authority to be a person who holds, or is likely to hold, information which is relevant to the issue—
(a) whether any provision made by or under section 111A is being, or has been, complied with by an employer or the trustees or managers of a personal pension scheme,
(b) whether, in the case of any direct payment arrangements existing between an employee and his employer, there has been such a failure to pay a contribution as is mentioned in subsection (8)(b) of that section, or
(c) whether an offence has been committed under subsection (11) of that section in relation to any such arrangements,
must, if required to do so by the Regulatory Authority by notice in writing, produce any document which is so relevant.
(2) To comply with subsection (1) the document must be produced in such a manner, at such a place and within such a period as may be specified in the notice.
(3) An inspector may, for the purposes of investigating any of the matters set out in subsection (1)(a) to (c), at any reasonable time enter premises liable to inspection and, while there—
(a) may make such examination and inquiry as may be necessary for such purposes,
(b) may require any person on the premises to produce for his inspection, or secure the production for his inspection of, any document relevant—
(i) to compliance with any provision made by or under section 111A, or with the direct payment arrangements, or
(ii) to the issue whether an offence has been committed under subsection (11) of that section in relation to those arrangements, and
(c) may, as to any matter so relevant, examine, or require to be examined, either alone or in the presence of another person, any person on the premises whom he has reasonable cause to believe to be able to give information relevant to that matter.
(4) An inspector applying for admission to any premises in pursuance of subsection (3) must, if so required, produce his certificate of appointment.
(5) For the purposes of subsection (3) premises are liable to inspection if the inspector has reasonable grounds to believe that—
(a) employees of the employer are employed there,
(b) documents relevant to the administration of—
(i) the employer's business,
(ii) the direct payment arrangements, or
(iii) the scheme to which those arrangements relate,
(c) either of the following is being carried out there, namely—
(i) the administration of the employer's business, the arrangements or the scheme, or
(ii) work connected with the administration of the employer's business, the arrangements or the scheme,
unless the premises are a private dwelling-house not used by, or by permission of, the occupier for the purposes of a trade or business.
(6) Section 100 of the Pensions Act 1995 (warrants) shall have effect as if references to section 98(1) or 99(1)(b) of that Act included references to subsection (1) or (3)(b).
(7) Sections 101 to 103 of that Act (penalties, savings and reports) shall have effect as if references which are or include references to section 98 or 99 of that Act included references to this section.
(8) In this section—
"direct payment arrangements" has the same meaning as in section 111A;
"document" includes information recorded in any form, and any reference to production of a document, in relation to information recorded otherwise than in legible form, is to producing a copy of the information in legible form;
"inspector" means a person appointed by the Regulatory Authority as an inspector.".'.
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Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles
34
Clause 9, page 8, line 24, after 'occupational', insert 'or other stakeholder'.
Mr Stephen Timms
44
Clause 10, page 9, leave out lines 21 and 22.
Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles
35
Clause 10, page 9, line 22, at end insert—
'(gg) a pension scheme held in the form of units in a unit trust, or shares in an investment trust or in an open-ended investment company which is approved as a pension scheme by the Inland Revenue under that Part or which is being considered for approval under that Part;'.
Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles
37
Clause 10, page 9, line 24, at end insert—
'(i) any other stakeholder pension within the meaning of section 1 of this Act;'.
Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles
36
Clause 10, page 9, line 26, at end insert 'and which has been approved by the Inland Revenue'.
Mr Stephen Timms
45
Clause 10, page 9, line 34, leave out from 'Act,' to 'and' in line 36.
Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles
38
Clause 10, page 9, line 44, at end insert—
'(5A) No pension rights of any person shall however vest in his trustee of bankruptcy if they were acquired or secured during a period when the arrangement was approved.'.
Mr Iain Duncan Smith
Mr Quentin Davies
Mr Eric Pickles
39
Clause 10, page 10, leave out lines 1 to 21.
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