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AYES
Abbott, Ms Diane
Adams, Mrs Irene (Paisley N)
Ainger, Nick
Ainsworth, Robert (Cov'try NE)
Alexander, Douglas
Allen, Graham
Anderson, Donald (Swansea E)
Anderson, Janet (Rossendale)
Armstrong, Rt Hon Ms Hilary
Ashton, Joe
Atherton, Ms Candy
Atkins, Charlotte
Austin, John
Banks, Tony
Barnes, Harry
Barron, Kevin
Battle, John
Bayley, Hugh
Beard, Nigel
Beckett, Rt Hon Mrs Margaret
Begg, Miss Anne
Bell, Stuart (Middlesbrough)
Benn, Rt Hon Tony
Bennett, Andrew F
Benton, Joe
Bermingham, Gerald
Berry, Roger
Best, Harold
Blackman, Liz
Blair, Rt Hon Tony
Blears, Ms Hazel
Blizzard, Bob
Blunkett, Rt Hon David
Boateng, Paul
Borrow, David
Bradley, Keith (Withington)
Bradley, Peter (The Wrekin)
Bradshaw, Ben
Brinton, Mrs Helen
Brown, Rt Hon Gordon
(Dunfermline E)
Brown, Rt Hon Nick (Newcastle E)
Brown, Russell (Dumfries)
Browne, Desmond
Buck, Ms Karen
Burden, Richard
Burgon, Colin
Butler, Mrs Christine
Byers, Rt Hon Stephen
Caborn, Rt Hon Richard
Campbell, Alan (Tynemouth)
Campbell, Mrs Anne (C'bridge)
Campbell, Ronnie (Blyth V)
Campbell-Savours, Dale
Cann, Jamie
Caplin, Ivor
Casale, Roger
Caton, Martin
Cawsey, Ian
Chapman, Ben (Wirral S)
Chaytor, David
Church, Ms Judith
Clapham, Michael
Clark, Rt Hon Dr David (S Shields)
Clark, Dr Lynda
(Edinburgh Pentlands)
Clark, Paul (Gillingham)
Clarke, Charles (Norwich S)
Clarke, Eric (Midlothian)
Clarke, Rt Hon Tom (Coatbridge)
Clarke, Tony (Northampton S)
Clelland, David
Clwyd, Ann
Coaker, Vernon
Coffey, Ms Ann
Cohen, Harry
Coleman, Iain
Colman, Tony
Corbett, Robin
Corbyn, Jeremy
Corston, Ms Jean
Cousins, Jim
Cox, Tom
Cranston, Ross
Crausby, David
Cryer, Mrs Ann (Keighley)
Cryer, John (Hornchurch)
Cummings, John
Cunningham, Rt Hon Dr Jack
(Copeland)
Cunningham, Jim (Cov'try S)
Curtis-Thomas, Mrs Claire
Darling, Rt Hon Alistair
Darvill, Keith
Davey, Valerie (Bristol W)
Davidson, Ian
Davies, Rt Hon Denzil (Llanelli)
Davies, Geraint (Croydon C)
Dawson, Hilton
Dean, Mrs Janet
Denham, John
Dewar, Rt Hon Donald
Dismore, Andrew
Dobson, Rt Hon Frank
Donohoe, Brian H
Doran, Frank
Dowd, Jim
Drew, David
Drown, Ms Julia
Eagle, Angela (Wallasey)
Eagle, Maria (L'pool Garston)
Edwards, Huw
Efford, Clive
Ellman, Mrs Louise
Ennis, Jeff
Etherington, Bill
Field, Rt Hon Frank
Fisher, Mark
Fitzpatrick, Jim
Fitzsimons, Lorna
Flint, Caroline
Flynn, Paul
Follett, Barbara
Foster, Michael Jabez (Hastings)
Foster, Michael J (Worcester)
Foulkes, George
Fyfe, Maria
Galbraith, Sam
Gapes, Mike
Gardiner, Barry
George, Bruce (Walsall S)
Gerrard, Neil
Gibson, Dr Ian
Gilroy, Mrs Linda
Godman, Dr Norman A
Godsiff, Roger
Goggins, Paul
Gordon, Mrs Eileen
Griffiths, Jane (Reading E)
Griffiths, Nigel (Edinburgh S)
Griffiths, Win (Bridgend)
Grocott, Bruce
Grogan, John
Gunnell, John
Hain, Peter
Hall, Patrick (Bedford)
Hamilton, Fabian (Leeds NE)
Hanson, David
Harman, Rt Hon Ms Harriet
Heal, Mrs Sylvia
Healey, John
Henderson, Doug (Newcastle N)
Henderson, Ivan (Harwich)
Hepburn, Stephen
Heppell, John
Hesford, Stephen
Hewitt, Ms Patricia
Hill, Keith
Hinchliffe, David
Hodge, Ms Margaret
Hoey, Kate
Home Robertson, John
Hood, Jimmy
Hoon, Geoffrey
Hope, Phil
Hopkins, Kelvin
Howarth, Alan (Newport E)
Howarth, George (Knowsley N)
Howells, Dr Kim
Hoyle, Lindsay
Hughes, Ms Beverley (Stretford)
Hughes, Kevin (Doncaster N)
Humble, Mrs Joan
Hurst, Alan
Hutton, John
Iddon, Dr Brian
Illsley, Eric
Ingram, Rt Hon Adam
Jackson, Ms Glenda (Hampstead)
Jackson, Helen (Hillsborough)
Jamieson, David
Jenkins, Brian
Johnson, Alan (Hull W & Hessle)
Johnson, Miss Melanie
(Welwyn Hatfield)
Jones, Barry (Alyn & Deeside)
Jones, Mrs Fiona (Newark)
Jones, Helen (Warrington N)
Jones, Ms Jenny
(Wolverh'ton SW)
Jones, Jon Owen (Cardiff C)
Jones, Dr Lynne (Selly Oak)
Jones, Martyn (Clwyd S)
Jowell, Rt Hon Ms Tessa
Kaufman, Rt Hon Gerald
Keeble, Ms Sally
Keen, Alan (Feltham & Heston)
Keen, Ann (Brentford & Isleworth)
Kelly, Ms Ruth
Kemp, Fraser
Kennedy, Jane (Wavertree)
Khabra, Piara S
Kidney, David
Kilfoyle, Peter
King, Andy (Rugby & Kenilworth)
King, Ms Oona (Bethnal Green)
Kingham, Ms Tess
Kumar, Dr Ashok
Ladyman, Dr Stephen
Lawrence, Ms Jackie
Laxton, Bob
Lepper, David
Leslie, Christopher
Levitt, Tom
Lewis, Ivan (Bury S)
Lewis, Terry (Worsley)
Liddell, Rt Hon Mrs Helen
Linton, Martin
Lloyd, Tony (Manchester C)
Lock, David
Love, Andrew
McAllion, John
McAvoy, Thomas
McCabe, Steve
McCartney, Rt Hon Ian
(Makerfield)
McDonagh, Siobhain
Macdonald, Calum
McDonnell, John
McFall, John
McGuire, Mrs Anne
McIsaac, Shona
McKenna, Mrs Rosemary
Mackinlay, Andrew
McLeish, Henry
McNamara, Kevin
McNulty, Tony
MacShane, Denis
Mactaggart, Fiona
McWalter, Tony
Mallaber, Judy
Mandelson, Rt Hon Peter
Marsden, Gordon (Blackpool S)
Marsden, Paul (Shrewsbury)
Marshall, David (Shettleston)
Marshall, Jim (Leicester S)
Marshall-Andrews, Robert
Martlew, Eric
Maxton, John
Meacher, Rt Hon Michael
Meale, Alan
Merron, Gillian
Michael, Rt Hon Alun
Michie, Mrs Ray (Argyll & Bute)
Milburn, Rt Hon Alan
Miller, Andrew
Moffatt, Laura
Moonie, Dr Lewis
Moran, Ms Margaret
Morgan, Ms Julie (Cardiff N)
Morgan, Rhodri (Cardiff W)
Morley, Elliot
Morris, Rt Hon John (Aberavon)
Mountford, Kali
Mowlam, Rt Hon Marjorie
Mudie, George
Mullin, Chris
Murphy, Denis (Wansbeck)
Murphy, Jim (Eastwood)
Murphy, Rt Hon Paul (Torfaen)
Naysmith, Dr Doug
Norris, Dan
O'Brien, Bill (Normanton)
O'Brien, Mike (N Warks)
O'Hara, Eddie
Olner, Bill
O'Neill, Martin
Organ, Mrs Diana
Osborne, Ms Sandra
Palmer, Dr Nick
Pearson, Ian
Pendry, Tom
Perham, Ms Linda
Pickthall, Colin
Pike, Peter L
Plaskitt, James
Pollard, Kerry
Pond, Chris
Pope, Greg
Powell, Sir Raymond
Prentice, Ms Bridget (Lewisham E)
Prentice, Gordon (Pendle)
Primarolo, Dawn
Prosser, Gwyn
Purchase, Ken
Quin, Rt Hon Ms Joyce
Quinn, Lawrie
Radice, Giles
Rammell, Bill
Rapson, Syd
Raynsford, Nick
Reed, Andrew (Loughborough)
Reid, Rt Hon Dr John (Hamilton N)
Robertson, Rt Hon George
(Hamilton S)
Robinson, Geoffrey (Cov'try NW)
Roche, Mrs Barbara
Rooker, Jeff
Rooney, Terry
Ross, Ernie (Dundee W)
Rowlands, Ted
Roy, Frank
Ruane, Chris
Ruddock, Joan
Russell, Ms Christine (Chester)
Ryan, Ms Joan
Salter, Martin
Sarwar, Mohammad
Savidge, Malcolm
Sawford, Phil
Sedgemore, Brian
Shaw, Jonathan
Sheerman, Barry
Shipley, Ms Debra
Singh, Marsha
Skinner, Dennis
Smith, Rt Hon Andrew (Oxford E)
Smith, Angela (Basildon)
Smith, Rt Hon Chris (Islington S)
Smith, Miss Geraldine
(Morecambe & Lunesdale)
Smith, Jacqui (Redditch)
Smith, John (Glamorgan)
Smith, Llew (Blaenau Gwent)
Soley, Clive
Southworth, Ms Helen
Spellar, John
Squire, Ms Rachel
Starkey, Dr Phyllis
Steinberg, Gerry
Stevenson, George
Stewart, David (Inverness E)
Stinchcombe, Paul
Stoate, Dr Howard
Stott, Roger
Strang, Rt Hon Dr Gavin
Straw, Rt Hon Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Gerry
Taylor, Rt Hon Mrs Ann
(Dewsbury)
Taylor, Ms Dari (Stockton S)
Taylor, David (NW Leics)
Temple-Morris, Peter
Thomas, Gareth (Clwyd W)
Thomas, Gareth R (Harrow W)
Timms, Stephen
Tipping, Paddy
Todd, Mark
Touhig, Don
Trickett, Jon
Truswell, Paul
Turner, Dennis (Wolverh'ton SE)
Turner, Dr Desmond (Kemptown)
Turner, Dr George (NW Norfolk)
Twigg, Derek (Halton)
Twigg, Stephen (Enfield)
Vaz, Keith
Vis, Dr Rudi
Walley, Ms Joan
Ward, Ms Claire
Watts, David
White, Brian
Whitehead, Dr Alan
Wicks, Malcolm
Williams, Rt Hon Alan
(Swansea W)
Williams, Alan W (E Carmarthen)
Williams, Mrs Betty (Conwy)
Wills, Michael
Wilson, Brian
Winnick, David
Winterton, Ms Rosie (Doncaster C)
Wise, Audrey
Wood, Mike
Woolas, Phil
Worthington, Tony
Wright, Anthony D (Gt Yarmouth)
Wright, Dr Tony (Cannock)
Wyatt, Derek
Tellers for the Ayes:
Mr. Mike Hall and
Mr. Clive Betts.
NOES
Amess, David
Arbuthnot, Rt Hon James
Ashdown, Rt Hon Paddy
Atkinson, David (Bour'mth E)
Atkinson, Peter (Hexham)
Beggs, Roy
Beith, Rt Hon A J
Bercow, John
Beresford, Sir Paul
Blunt, Crispin
Body, Sir Richard
Boswell, Tim
Bottomley, Rt Hon Mrs Virginia
Brake, Tom
Brand, Dr Peter
Brazier, Julian
Breed, Colin
Brooke, Rt Hon Peter
Browning, Mrs Angela
Bruce, Malcolm (Gordon)
Burnett, John
Burns, Simon
Butterfill, John
Cable, Dr Vincent
Campbell, Rt Hon Menzies
(NE Fife)
Cash, William
Chapman, Sir Sydney
(Chipping Barnet)
Chidgey, David
Chope, Christopher
Clappison, James
Clifton-Brown, Geoffrey
Colvin, Michael
Cormack, Sir Patrick
Cotter, Brian
Cran, James
Davey, Edward (Kingston)
Davies, Quentin (Grantham)
Davis, Rt Hon David (Haltemprice & Howden)
Day, Stephen
Duncan, Alan
Duncan Smith, Iain
Emery, Rt Hon Sir Peter
Evans, Nigel
Faber, David
Fabricant, Michael
Fallon, Michael
Fearn, Ronnie
Flight, Howard
Forsythe, Clifford
Forth, Rt Hon Eric
Foster, Don (Bath)
Fowler, Rt Hon Sir Norman
Gale, Roger
Garnier, Edward
Gibb, Nick
Gillan, Mrs Cheryl
Gorman, Mrs Teresa
Gray, James
Green, Damian
Grieve, Dominic
Hamilton, Rt Hon Sir Archie
Hammond, Philip
Harvey, Nick
Hawkins, Nick
Heath, David (Somerton & Frome)
Hogg, Rt Hon Douglas
Horam, John
Howarth, Gerald (Aldershot)
Hughes, Simon (Southwark N)
Hunter, Andrew
Jack, Rt Hon Michael
Jackson, Robert (Wantage)
Jenkin, Bernard
Johnson Smith,
Rt Hon Sir Geoffrey
Jones, Nigel (Cheltenham)
Kennedy, Charles (Ross Skye)
Key, Robert
King, Rt Hon Tom (Bridgwater)
Kirkbride, Miss Julie
Kirkwood, Archy
Laing, Mrs Eleanor
Lait, Mrs Jacqui
Lansley, Andrew
Leigh, Edward
Letwin, Oliver
Lewis, Dr Julian (New Forest E)
Lidington, David
Lilley, Rt Hon Peter
Livsey, Richard
Lloyd, Rt Hon Sir Peter (Fareham)
Lyell, Rt Hon Sir Nicholas
McIntosh, Miss Anne
MacKay, Rt Hon Andrew
Maclean, Rt Hon David
McLoughlin, Patrick
Maude, Rt Hon Francis
Mawhinney, Rt Hon Sir Brian
May, Mrs Theresa
Michie, Mrs Ray (Argyll & Bute)
Moss, Malcolm
Norman, Archie
Oaten, Mark
Öpik, Lembit
Ottaway, Richard
Page, Richard
Paice, James
Paterson, Owen
Pickles, Eric
Prior, David
Randall, John
Redwood, Rt Hon John
Rendel, David
Robathan, Andrew
Robertson, Laurence (Tewk'b'ry)
Ross, William (E Lond'y)
Rowe, Andrew (Faversham)
Ruffley, David
Russell, Bob (Colchester)
Sanders, Adrian
Sayeed, Jonathan
Shepherd, Richard
Simpson, Keith (Mid-Norfolk)
Smyth, Rev Martin (Belfast S)
Soames, Nicholas
Spicer, Sir Michael
Stunell, Andrew
Swayne, Desmond
Syms, Robert
Tapsell, Sir Peter
Taylor, Ian (Esher & Walton)
Taylor, Sir Teddy
Thompson, William
Tonge, Dr Jenny
Tredinnick, David
Trend, Michael
Tyler, Paul
Tyrie, Andrew
Viggers, Peter
Walter, Robert
Wardle, Charles
Waterson, Nigel
Webb, Steve
Wells, Bowen
Welsh, Andrew
Whitney, Sir Raymond
Widdecombe, Rt Hon Miss Ann
Wilkinson, John
Willis, Phil
Winterton, Mrs Ann (Congleton)
Winterton, Nicholas (Macclesfield)
Woodward, Shaun
Yeo, Tim
Young, Rt Hon Sir George
Tellers for the Noes:
Mr. Tim Collins and
Mr. Oliver Heald.
Question accordingly agreed to.
Clause 2
Amendments made: No. 42, in page 2, line 41, leave out from 'of' to 'if' in line 42 and insert
'a pension scheme which is or has been registered under this section, and section 10 of that Act applies to any person prescribed in relation to such a scheme,'.
No. 43, in page 2, line 44, after 'scheme' insert
'or (as the case may be) while the scheme was so registered he failed to take all such steps as were reasonable to secure that each of those conditions was so fulfilled'.--[Mr. Kevin Hughes.]
Clause 9
Amendment made: No. 44, in page 7, line 34, at end insert--
'( ) If--
(a) subsection (6) or (7) is not complied with, and
(b) the scheme--
(i) is established under a trust, and
(ii) is or has been registered under section 2 of the Welfare Reform and Pensions Act 1999 (stakeholder schemes),
section 3 of the Pensions Act 1995 (power of the Regulatory Authority to remove trustees) applies to any trustee of the scheme who has failed to take all such steps as are reasonable to secure compliance.'.--[Mr. Kevin Hughes.]
Clause 10
Amendment made: No. 28, in page 10, line 36, at end insert--
'( ) If in any case subsection (9)(b) is not complied with--
(a) section 3 applies to any trustee who has failed to take all such steps as are reasonable to secure compliance; and
(b) section 10 applies to any trustee or manager who has failed to take all such steps.'.--[Mr. Kevin Hughes.]
Clause 11
Amendments made: No. 29, in page 12, line 25, leave out
'in good faith by the trustees or managers of the scheme in question before'
and insert
'by the trustees or managers of the scheme in question--
(a) in good faith, and
(b) without notice of'.
No. 53, in page 12, line 44, at end insert--
'(12) For the purposes of this section a person shall be treated as having a right under an approved pension arrangement where--
(a) he is entitled to a credit under section 23(1)(b) as against the person responsible for the arrangement (within the meaning of Chapter I of Part IV), and
(b) the person so responsible has not discharged his liability in respect of the credit.'.--[Mr. Kevin Hughes.]
Clause 12
Amendments made: No. 54, in page 12, line 46, leave out
'rights of a person under unapproved pension arrangements'
and insert
'or in connection with enabling rights of a person under an unapproved pension arrangement'.
No. 55, in page 13, line 1, leave out from 'under' to 'future' in line 4 and insert
'this section may, in particular, make provision--
(a) for rights under an unapproved pension arrangement to be excluded from a person's estate--
(i) by an order made on his application by a prescribed court, or
(ii) in accordance with a qualifying agreement made between him and his trustee in bankruptcy;
(b) for the court's decision whether to make such an order in relation to a person to be made by reference to--
(i)''.
No. 56, in page 13, line 5, leave out
'(b) the extent to which any pension and other benefits'
and insert
'(ii) whether any benefits (by way of a pension or otherwise) are'.
No. 57, in page 13, line 6, at end insert
'and (if so) the extent to which they'.
No. 58, in page 13, line 7, at end insert--
'(c) for the prescribed persons in the case of any pension arrangement to provide a person or his trustee in bankruptcy on request with information reasonably required by that person or trustee for, or in connection with, the making of such applications and agreements as are mentioned in paragraph (a).'.
No. 59, in page 13, line 8, after 'section' insert--
' "prescribed" means prescribed by regulations under this section;
"qualifying agreement" means an agreement entered into in such circumstances, and satisfying such requirements, as may be prescribed;'.
No. 60, in page 13, line 12, leave out from 'a' to end of line 13 and insert 'prescribed description.'.
No. 61, in page 13, line 13, at end insert--
'(4) For the purposes of this section a person shall be treated as having a right under an unapproved pension arrangement where--
(a) he is entitled to a credit under section 23(1)(b) as against the person responsible for the arrangement (within the meaning of Chapter I of Part IV), and
(b) the person so responsible has not discharged his liability in respect of the credit.'.--[Mr. Kevin Hughes.]
Clause 14
Amendment made: No. 62, in page 13, line 41, after 'section' insert--
'(a) a person shall be treated as having a right under a personal pension scheme where--
(i) he is entitled to a credit under section 23(1)(b) of the Welfare Reform and Pensions Act 1999 (sharing of rights on divorce etc.),
(ii) he is so entitled as against the person responsible for the scheme (within the meaning of Chapter I of Part IV of that Act), and
(iii) the person so responsible has not discharged his liability in respect of the credit; and
(b)''. --[Mr. Kevin Hughes.]
Schedule 2
Amendments made: No. 66, in page 72, line 28, at end insert--
1YA. In section 32(2) of the Bankruptcy (Scotland) Act 1985 (vesting of estate, and dealings of debtor, after sequestration), at the beginning insert "Notwithstanding anything in section 11 or 12 of the Welfare Reform and Pensions Act 1999,".
1ZA. In section 310(7) of the Insolvency Act 1986 (bankrupt's income against which income payments orders may be made includes certain payments under pension schemes), after "employment and" insert "(despite anything in section 11 or 12 of the Welfare Reform and Pensions Act 1999)".'.
No. 67, in page 73, line 22, at end insert--
. In section 47 of the Pension Schemes Act 1993 (entitlement to guaranteed minimum pension for the purposes of the relationship with social security benefits), after subsection (6) (which is inserted by section 26(4) of this Act) add--
"(7) For the purposes of section 46, a person shall be treated as entitled to any guaranteed minimum pension to which he would have been entitled but for any order under section 342A of the Insolvency Act 1986 (recovery of excessive pension contributions) or under section 36A of the Bankruptcy (Scotland) Act 1985."'.
No. 46, in page 74, line 31, at end insert--
'5A. In section 3(2)(b) of the Pensions Act 1995 (power of Authority to remove pension scheme trustee to whom section 3 applies by virtue of any other provision of Part I of the Act), for "this Part" substitute "this or any other Act".'.
No. 32, in page 76, line 10, at end insert--
12A. In section 94(3) of the Pensions Act 1995 (application of sections 91 and 92 to Scotland), at the end insert--
"(f) after subsection 91(4) there is inserted--
"(4A) Subject to section 73(3)(d) of the Debtors (Scotland) Act 1987, nothing in this section prevents any diligence mentioned in section 46 of that Act being done against a pension under an occupational pension scheme."" '.--[Mr. Kevin Hughes.]
Schedule 3
Amendments made: No. 33, in page 79, line 8, leave out 'rules' and insert 'regulations'.
No. 34, in page 79, line 9, leave out 'rules' and insert 'regulations'.
No. 35, in page 79, line 37, leave out 'rules' and insert 'regulations'.
No. 36, in page 80, line 5, leave out 'rules' and insert 'regulations'.
No. 37, in page 80, line 28, at end insert--
'( ) In determining for the purposes of subsection (2) or (3) above whether a person has acted to his detriment in reliance on the taking effect of the order, the appeal court may disregard any detriment which in its opinion is insignificant.'.--[Mr. Kevin Hughes.]
Schedule 4
Amendments made: No. 38, in page 82, line 8, leave out 'second' and insert 'new'.
No. 39, in page 83, line 4, leave out from 'to' to end of line 5 and insert
'any of the court's powers under this Part of this Act,'.--[Mr. Kevin Hughes.]
Clause 22
Amendment made: No. 13, in page 19, line 11, leave out paragraph (b) and insert--
'(b) such information relating to the transferor and transferee as the Secretary of State may prescribe by regulations under section 28(1)(b)(ii).'.--[Mr. Kevin Hughes.]
Clause 37
Amendment made: No. 15, in page 36, line 24, at end insert
', including subordinate legislation which provides for calculation of the value of rights in accordance with guidance from time to time prepared by a person specified in the subordinate legislation.'.--[Mr. Kevin Hughes.]
Clause 42
Amendment made: No. 14, in page 40, line 11, leave out paragraph (b) and insert--
'(b) such information relating to the transferor and transferee as the Secretary of State may prescribe by regulations under section 28(1)(b)(ii).'.--[Mr. Kevin Hughes.]
Clause 48
Amendments made: No. 63, in page 46, line 23, leave out
'time of the spouse's death'
and insert 'relevant time'.
No. 64, in page 46, line 29, at end insert--
'(8A) In subsection (8) above "the relevant time" means--
(a) where the pensioner became entitled to a widowed parent's allowance in consequence of the death of the spouse, the time when the pensioner's entitlement to that allowance ended; and
(b) otherwise, the time of the spouse's death.'.
No. 65, in page 46, line 31, leave out '(8)' and insert '(8A)'.--[Mr. Kevin Hughes.]
Clause 49
Amendments made: No. 16, in page 49, leave out lines 20 to 22 and insert--
'(b) a person providing services to the Secretary of State,
(c) a local authority,
(d) a person providing services to, or authorised to exercise any function of, any such authority;'.
No. 17, in page 49, line 23, leave out '(6))' and insert '(7))'.
No. 78, in page 49, line 34, at end insert--
'and the purposes which may be so specified include purposes connected with a person's existing or future employment or training prospects or needs, and (in particular) assisting or encouraging a person to enhance his employment prospects.'.--[Mr. Kevin Hughes.]
Schedule 7
Amendments made: No. 92, in page 93, line 21, at end insert--
'( ) Subsections (1) and (2) have effect subject to section 4A(2A) and (4A).'.
No. 93, in page 93, line 45, after 'couple' insert
'or a member of such a couple'.
No. 94, in page 93, line 45, leave out from 'which' to 'applies' in line 46 and insert
'contains corresponding provisions relating to joint-claim couples,'.
No. 95, in page 93, line 48, leave out from '4A' to 'have' in line 51 and insert--
'(1ZA) This section applies where--
(a) a joint-claim couple are entitled to a joint-claim jobseeker's allowance, and
(b) one or each of the members of the couple is in addition entitled to a contribution-based jobseeker's allowance;
and in such a case the provisions of this section have effect in relation to the couple in place of section 4(3A).
(1) If a joint-claim couple falling within subsection (1ZA)'.
No. 96, in page 94, line 6, leave out
'to a couple to whom subsection (1) applies'
and insert
'in accordance with subsection (1)'.
No. 97, in page 94, line 13, at end insert--
'(2A) Where the amount payable in accordance with subsection (1) is the couple's personal rate, then--
(a) if each member of the couple is entitled to a contribution-based jobseeker's allowance, an amount equal to the member's own personal rate shall be payable in respect of the member by way of such an allowance;
(b) if only one of them is so entitled, an amount equal to that member's personal rate shall be payable in respect of the member by way of such an allowance;
and in either case nothing shall be payable in respect of the couple by way of a joint-claim jobseeker's allowance.'.
No. 98, in page 94, line 14, leave out from '(3)' to 'shall' in line 17 and insert
'If a joint-claim couple falling within subsection (1ZA) have an income, the amount payable in respect of the couple by way of a jobseeker's allowance'.
No. 99, in page 94, line 23, leave out
'to a couple to whom subsection (3) applies'
and insert
'in accordance with subsection (3)'.
No. 100, in page 94, line 32, at end insert--
'(4A) Where the amount payable in accordance with subsection (3) is the couple's personal rate, subsection (2A) shall apply as it applies in a case where the amount payable in accordance with subsection (1) is that rate.'.
No. 101, in page 94, line 38, leave out 'satisfies the contribution-based conditions,' and insert
'is entitled to a contribution-based jobseeker's allowance,'.
No. 102, in page 94, line 39, leave out 'a contribution-based jobseeker's' and insert 'such an'.
No. 103, in page 94, line 41, leave out 'satisfies those conditions,' and insert
'is entitled to a contribution-based jobseeker's allowance,'.
No. 104, in page 94, line 51, leave out 'satisfies the contribution-based conditions,' and insert
'is entitled to a contribution-based jobseeker's allowance,'.
No. 105, in page 95, line 1, leave out 'satisfies those conditions,' and insert
'is entitled to such an allowance,'.
No. 40, in page 95, line 2, at end insert--
'6A.--(1) Section 8 (power to make regulations requiring attendance etc.) is amended as follows.
(2) In subsection (1), after "claimant" insert "(other than a joint-claim couple claiming a joint-claim jobseeker's allowance)".
(3) After subsection (1) insert--
"(1A) Regulations may make provision--
(a) for requiring each member of a joint-claim couple claiming a joint-claim jobseeker's allowance to attend at such place and such time as the Secretary of State may specify;
(b) for requiring a member of such a couple to provide information and such evidence as may be prescribed as to his circumstances, his availability for employment and the extent to which he is actively seeking employment;
(c) for requiring such a couple to jointly provide information and such evidence as may be prescribed as to the circumstances of each or either member of the couple, the availability for employment of each or either member of the couple and the extent to which each or either member of the couple is actively seeking employment;
(d) where any requirement to provide information or evidence is imposed on such a couple by virtue of paragraph (c), for the joint obligation of the couple to be capable of being discharged by the provision of the information or evidence by one member of the couple."
(4) In subsection (2), after "Regulations under subsection (1)" insert "or (1A)".
(5) In subsection (2)(a) (cases where entitlement to allowance may cease on account of non-compliance), after "in the case of a claimant who" insert ", or (as the case may be) a joint-claim couple claiming a joint-claim jobseeker's allowance a member of which,".
(6) In subsection (2)(b) (cases where entitlement to allowance may cease by reference to the time expired since the claimant's last attendance)--
(a) after "he" insert "or, as the case may be, a member of the joint-claim couple"; and
(b) after "subsection (1)(a)" insert "or (1A)(a)".
(7) For paragraph (c) of subsection (2) (provision for entitlement not to cease where good cause shown) substitute--
"(c) provide for entitlement not to cease if the claimant or (as the case may be) either member of the joint-claim couple shows, within a prescribed period of the failure to comply on the part of the claimant or (as the
20 May 1999 : Column 1332 case may be) a member of the couple, that the claimant or (as the case may be) the defaulting member of the couple had good cause for that failure; and".'.
No. 91, in page 99, line 21, at end insert--
'( ) After paragraph 9 insert--
"Continuity of claims and awards: persons ceasing to be a joint-claim couple
9A.--(1) Regulations may make provision about the entitlement to a jobseeker's allowance of persons ("ex-members") who cease to be members of a joint-claim couple.
(2) Regulations under this paragraph may, in particular, provide--
(a) for treating each or either of the ex-members as having made any claim made by the couple or, alternatively, for any such claim to lapse;
(b) for any award made in respect of the couple to be replaced by an award (a "replacement award") in respect of each or either of the ex-members of the couple or, alternatively, for any such award to lapse.
Continuity of claims and awards: persons again becoming a joint-claim couple
9B.--(1) Regulations may make provision about the entitlement to a jobseeker's allowance of persons ("ex-members") who, having ceased to be members of a joint-claim couple, again become the members of a joint-claim couple.
(2) Regulations under this paragraph may, in particular, provide--
(a) for any claim made by the ex-members when they were previously a joint-claim couple to be revived or otherwise given effect as a claim made by the couple;
(b) for any award made in respect of the ex-members when they were previously a joint-claim couple to be restored;
(c) for any such award, or any replacement award (within the meaning of paragraph 9A) made in respect of either of them, to be replaced by an award (a "new award") in respect of the couple.
Continuity of claims and awards: couple becoming a joint-claim couple
9C.--(1) Regulations may make provision about the entitlement to a jobseeker's allowance of persons who become members of a joint-claim couple as a result of the married or unmarried couple of which they are members becoming a joint-claim couple.
(2) Regulations under this paragraph may, in particular, provide--
(a) for any claim made by either member of the couple before the couple became a joint-claim couple to be given effect as a claim made by the couple;
(b) for any award, or any replacement award (within the meaning of paragraph 9A), made in respect of either member of the couple before the couple became a joint-claim couple to be replaced by an award (a "new award") in respect of the couple.
Paragraphs 9A to 9C: supplementary
9D.--(1) Regulations may provide, in relation to any replacement award (within the meaning of paragraph 9A) or new award (within the meaning of paragraph 9B or 9C), for--
(a) the award to be of an amount determined in a prescribed manner;
(b) entitlement to the award to be subject to compliance with prescribed requirements as to the provision of information and evidence.
20 May 1999 : Column 1333
(2) In paragraphs 9A to 9C and this paragraph--
"award" means an award of a jobseeker's allowance;
"claim" means a claim for a jobseeker's allowance."'.--[Mr. Kevin Hughes.]
Clause 51
Amendment made: No. 30, in page 51, line 13, at end insert--
'(6A) The power of the Secretary of State to make an order under section 26 of the Employment Act 1988 (status of trainees etc.) shall include power to make, in relation to--
(a) persons participating in any scheme, and
(b) payments received by them by virtue of subsection (5) above,
provision corresponding to any provision which (by virtue of subsection (1) or (2) of that section) may be made in relation to persons using such facilities, and to such payments received by them, as are mentioned in subsection (1) of that section.'.--[Mr. Kevin Hughes.]
Clause 59
Amendment made: No. 47, in page 56, line 36, leave out
'or section 30(2)(a) or (b)'
and insert
', 30(2)(a) or (b) or 35(1)(a) or (b)'.--[Mr. Kevin Hughes.]
Schedule 8
Amendments made: No. 106, in page 105, line 4, at end insert--
'( ) In section 4 (amount payable by way of a jobseeker's allowance), in each of subsections (6) and (8) (amount payable where claimant satisfies the contribution-based, and the income-based, conditions)--
(a) for "satisfies both the contribution-based conditions and the income-based conditions" substitute "is entitled to both a contribution-based jobseeker's allowance and an income-based jobseeker's allowance"; and
(b) after "the amount payable" insert "by way of a jobseeker's allowance".'.
No. 9, in page 105, line 12, at end insert--
29A. The Contributions and Benefits Act has effect subject to the following amendments.
29B.--(1) Section 21 (contribution conditions) is amended as follows.
(2) In subsection (1), after "30A below" insert ", maternity allowance under section 35 below".
(3) In subsection (2), omit the entry relating to maternity allowance.
(4) In subsection (4), omit ", other than maternity allowance,".
29C. In section 176(1)(c) (parliamentary control), after "section 28(2)" insert--
"section 35A(7);".'.
No. 41, in page 105, line 27, after 'sections' insert '51,'.--[Mr. Kevin Hughes.]
Clause 63
Amendment made: No. 48, in page 60, line 16, at end insert
', (Optional work-focused interviews),'.--[Mr. Kevin Hughes.]
Schedule 12
Amendments made: No. 68, in page 130, line 11, at end insert--
62A. The Insolvency Act 1986 is amended as follows.
62B. After section 342C there is inserted--
"Recovery of excessive contributions in pensionsharing cases
342D.--(1) For the purposes of sections 339, 341 and 342, a pension-sharing transaction shall be taken--
(a) to be a transaction, entered into by the transferor with the transferee, by which the appropriate amount is transferred by the transferor to the transferee; and
(b) to be capable of being a transaction entered into at an undervalue only so far as it is a transfer of so much of the appropriate amount as represents excessive contributions.
(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."'.
No. 69, in page 130, line 11, 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".'.
No. 108, in page 130, line 33, leave out 'as follows' and insert
'in accordance with sub-paragraphs (2) to (5)'.
No. 49, in page 130, line 45, at end insert--
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--
(a) by the authority,
(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
(b) section 140C,
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." '.
No. 109, in page 130, line 45, 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).'.
No. 111, in page 131, line 13, leave out 'as follows' and insert
'in accordance with sub-paragraphs (2) to (5)'.
No. 112, in page 131, line 25, 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. Kevin Hughes.]
Clause 74
Amendment made: No. 18, in page 67, line 17, 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. Kevin Hughes.]
Schedule 13
Amendments made: No. 70, in page 131, leave out lines 31 to 35.
No. 71, in page 132, line 24, column 3, at end insert--
'Section 95.'.
No. 10, in page 135, line 11, column 3, at end insert--
'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.'.
No. 11, in page 135, line 14, at end insert--
'S.I. 1994/1230. Maternity Allowance and Statutory Maternity Pay Regulations 1994. Regulations 2(1), (2) and (4) and 6(2).'.
--[Mr. Kevin Hughes.]
Clause 77
Amendments made: No. 19, in page 68, line 14, at end insert--
'( ) section 49;'.
No. 51, in page 68, line 14, at end insert--
'( ) section (Optional work-focused interviews);'.
No. 50, in page 68, line 18, at end insert--
'( ) section 73(1) so far as relating to paragraph 68A of Schedule 12;'.--[Mr. Kevin Hughes.]
Clause 78
Amendments made: No. 72, in page 68, line 30, at end insert--
'( ) section (Excessive pension contributions made by persons who have become insolvent);'.
No. 73, in page 68, line 30, at end insert--
'( ) paragraph 1ZA of Schedule 2, and section 16 so far as relating thereto;'.
No. 74, in page 68, line 32, after '5' insert 'and 62A to 62C'.
No. 75, in page 68, line 36, after & 13' insert
'and (Excessive pension contributions made by persons who have become insolvent: Scotland);'.
No. 76, in page 68, line 36, leave out 'and' and insert--
'( ) paragraph 1YA of Schedule 2, and section 16 so far as relating thereto;
( ) section'.
No. 77, in page 69, line 3, after 'paragraphs' insert '1YA, 1ZA,'.
No. 107, in page 69, line 8, after '64', insert
', (Earnings of workers supplied by service companies etc.)'.
No. 52, in page 69, line 12, leave out '68' and insert '68A'.
No. 110, in page 69, line 33, after '65', insert
', (Earnings of workers supplied by service companies etc: Northern Ireland)'.--[Mr. Kevin Hughes.]
Order for Third Reading read.--[Queen's consent, on behalf of the Crown, signified.]
Motion made, and Question put, That the Bill be now read the Third time.--[Mr. Robert Ainsworth.]
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