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Mr Secretary Darling
41
Page 105, line 27 [Schedule 8], after 'sections' insert '51,'.
Mr Secretary Darling
48
Page 60, line 16 [Clause 63], at end insert ', (Optional work-focused interviews),'.
Mr Archy Kirkwood
Mr David Davis
Mr Nicholas Winterton
27
Page 64, line 9, leave out Clause 71.
Mr Secretary Darling
68
Page 130, line 11 [Schedule 12], at end insert—
'Insolvency Act 1986 (c.45)
62A. The Insolvency Act 1986 is amended as follows.
62B. After section 342C there is inserted—
| "Recovery of excessive contributions in pension-sharing cases. | 342D.—(1) For the purposes of sections 339, 341 and 342, a pension-sharing transaction shall be taken—
(2) For the purposes of sections 340 to 342, a pension-sharing transaction shall be taken—
(a) to be something (namely a transfer of the appropriate amount to the transferee) done by the transferor; and
(b) to be capable of being a preference given to the transferee only so far as it is a transfer of so much of the appropriate amount as represents excessive contributions.
(3) If on an application under section 339 or 340 any question arises as to whether, or the extent to which, the appropriate amount in the case of a pension-sharing transaction represents excessive contributions, the question shall be determined in accordance with subsections (4) to (8).
(4) The court shall first determine the extent (if any) to which the transferor's rights under the shared arrangement at the time of the transaction appear to have been (whether directly or indirectly) the fruits of contributions ("personal contributions")—
(a) which the transferor has at any time made on his own behalf, or
(b) which have at any time been made on the transferor's behalf,
to the shared arrangement or any other pension arrangement.
(5) Where it appears that those rights were to any extent the fruits of personal contributions, the court shall then determine the extent (if any) to which those rights appear to have been the fruits of personal contributions whose making has unfairly prejudiced the transferor's creditors ("unfair contributions").
(6) If it appears to the court that the extent to which those rights were the fruits of unfair contributions is such that the transfer of the appropriate amount could have been made out of rights under the shared arrangement which were not the fruits of unfair contributions, then the appropriate amount does not represent excessive contributions.
(7) If it appears to the court that the transfer could not have been wholly so made, then the appropriate amount represents excessive contributions to the extent to which it appears to the court that the transfer could not have been so made.
(8) In making the determination mentioned in subsection (5) the court shall consider in particular the matters specified in paragraphs (a) and (b) of section 342A(6).
(9) In this section—
"appropriate amount", in relation to a pension-sharing transaction, means the appropriate amount in relation to that transaction for the purposes of section 23(1) of the Welfare Reform and Pensions Act 1999 (creation of pension credits and debits);
"pension-sharing transaction" means an order or provision falling within section 22(1) of the Welfare Reform and Pensions Act 1999 (orders and agreements which activate pension-sharing);
"shared arrangement", in relation to a pension-sharing transaction, means the pension arrangement to which the transaction relates;
"transferee", in relation to a pension-sharing transaction, means the person for whose benefit the transaction is made;
"transferor", in relation to a pension-sharing transaction, means the person to whose rights the transaction relates."'.
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Mr Secretary Darling
69
Page 130, line 11 [Schedule 12], at end insert—
'62C. In section 384(1) (meaning of "prescribed" in the second Group of Parts), after "Subject to the next subsection" insert "and section 342C(7) in Chapter V of Part IX".'.
Mr Secretary Darling
108
Page 130, line 33 [Schedule 12], leave out 'as follows' and insert 'in accordance with sub-paragraphs (2) to (5)'.
Mr Secretary Darling
49
Page 130, line 45 [Schedule 12], at end insert—
'Social Security Administration Act 1992 (c.5)
68A. After section 140E of the Administration Act insert—
| "Financing of other expenditure. | 140EE.—(1) The Secretary of State may make to a local authority such payments as he thinks fit in respect of expenses incurred by the authority in connection with the carrying out of any relevant function—
(b) by any person providing services to the authority, or
(c) by any person authorised by the authority to carry out that function.
(2) In subsection (1) "relevant function" means any function conferred by virtue of section 2A, 2C or 7A above.
(3) The following provisions, namely—
(a) in section 140B, subsections (1), (3), (4), (5)(b), (7)(b) and (8), and
apply in relation to a payment under this section as in relation to a payment of subsidy.
(4) The Secretary of State may (without prejudice to the generality of his powers in relation to the amount of subsidy) take into account the fact that an amount has been paid under this section in respect of costs falling within section 140B(4A)(a) above." '.
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Mr Secretary Darling
109
Page 130, line 45 [Schedule 12], at end insert—
'(6) In paragraph 6 of that Schedule—
(a) in sub-paragraph (5), for "section 159A" substitute "section 4A, 159A"; and
(b) in sub-paragraph (6), after "relating" insert "to relevant payments or benefits within the meaning of section 4A above or (as the case may be).'.
Mr Secretary Darling
111
Page 131, line 13 [Schedule 12], leave out 'as follows' and insert 'in accordance with sub-paragraphs (2) to (5)'.
Mr Secretary Darling
112
Page 131, line 25 [Schedule 12], at end insert—
'(6) In paragraph 6 of that Schedule—
(a) in sub-paragraph (5), for "section 155A" substitute "section 4A, 155A"; and
(b) in sub-paragraph (6), after "relating" insert "to relevant payments or benefits within the meaning of section 4A above or (as the case may be).'.
Mr Secretary Darling
18
Page 67, line 17 [Clause 74], leave out subsection (9) and insert—
'(9) Where an action of divorce or an action for declarator of nullity has been brought before the day on which section 18 comes into force—
(a) no pension-sharing order may be made under section 8(1) of the Family Law (Scotland) Act 1985, and
(b) neither paragraph (f) of section 22(1) nor paragraph (f) of section 42(1) shall apply,
in relation to that divorce or declarator.'.
Mr Secretary Darling
70
Page 131 [Schedule 13], leave out lines 31 to 35.
Mr Secretary Darling
71
Page 132, line 24, column 3 [Schedule 13], at end insert—
Mr Secretary Darling
10
Page 135, line 11, column 3 [Schedule 13], at end insert—
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'In section 21, in subsection (2) the entry relating to maternity allowance, and in subsection (4) the words ", other than maternity allowance,".
In Schedule 3, in Part I, paragraph 3.
In Schedule 4, in Part I, the entry relating to maternity allowance.'.
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Mr Secretary Darling
11
Page 135, line 14 [Schedule 13], at end insert—
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'S.I. 1994/1230. |
Maternity Allowance and Statutory Maternity Pay Regulations 1994. |
Regulations 2(1), (2) and (4) and 6(2).'.
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Mr Secretary Darling
19
Page 68, line 14 [Clause 77], at end insert—
Mr Secretary Darling
51
Page 68, line 14 [Clause 77], at end insert—
'( ) section (Optional work-focused interviews);'.
Mr Secretary Darling
50
Page 68, line 18 [Clause 77], at end insert—
'( ) section 73(1) so far as relating to paragraph 68A of Schedule 12;'.
Mr Secretary Darling
72
Page 68, line 30 [Clause 78], at end insert—
'( ) section (Excessive pension contributions made by persons who have become insolvent);'.
Mr Secretary Darling
73
Page 68, line 30 [Clause 78], at end insert—
'( ) paragraph 1ZA of Schedule 12, and section 16 so far as relating thereto;'.
Mr Secretary Darling
74
Page 68, line 32 [Clause 78], after '5' insert 'and 62A to 62C'.
Mr Secretary Darling
75
Page 68, line 36 [Clause 78], after ' 13' insert 'and (Excessive pension contributions made by persons who have become insolvent: Scotland);'.
Mr Secretary Darling
76
Page 68, line 36 [Clause 78], leave out 'and' and insert—
'( ) paragraph 1YA of Schedule 2, and section 16 so far as relating thereto;
Mr Secretary Darling
77
Page 69, line 3 [Clause 78], after 'paragraphs' insert '1YA, 1ZA,'.
Mr Secretary Darling
107
Page 69, line 8 [Clause 78], after '64', insert ', (Earnings of workers supplied by service companies etc.)'.
Mr Secretary Darling
52
Page 69, line 12 [Clause 78], leave out '68' and insert '68A'.
Mr Secretary Darling
110
Page 69, line 33 [Clause 78], after '65', insert ', (Earnings of workers supplied by service companies etc: Northern Ireland)'.
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