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Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
328
Clause 51, page 55, line 23, leave out 'may' and insert 'shall'.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
304
Clause 51, page 55, line 36, leave out from the beginning to 'or'.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
305
Clause 51, page 55, line 38, leave out 'or (3)'.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
306
Clause 51, page 56, line 8, at end insert—
'(d) a person employed by a council constituted under section 2 of the Local Government etc (Scotland) Act 1994.'.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
307
Clause 51, page 56, line 15, at end insert—
'( ) The explanation given to the offender by the court in pursuance of subsection (1) shall be treated as part of the explanation required to be given to the offender for the purposes of section 228(5) or 238(4) of the Criminal Procedure (Scotland) Act 1995.'.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
308
Clause 52, page 56, line 44, at end insert—
'( ) Where regulations made under section 49(9) prescribe a description of order made under the Criminal Procedure (Scotland) Act 1995 as a relevant community order for the purposes of that section, the regulations may make such modifications of that section as appear to the Secretary of State to be necessary in consequence of so prescribing.'.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
309
Leave out Clause 53.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
Mr Richard Burden
355
*Clause 54, page 57, line 29, leave out subsections (1) and (2).
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
330
Clause 57, page 58, line 34, leave out 'and'.
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
331
Clause 57, page 58, line 38, at end add 'and
(d) the emolument is not one to which subsection (2) applies.
(2) the emoluments mentioned in (1)(d) above are—
(a) any equipment or service intended primarily to protect the physical safety of the earner, which facility may include the provision of transport services where in the reasonable opinion of the person made liable by this Act to pay the Class 1A contribution the physical safety of the earner requires the provision of such service,
(b) any facility provided at any premises occupied by the person made liable by this Act to pay the Class 1A contribution primarily for the purpose of the care of any children in the care of the earner, whether or not such facility has an educational purpose or component,
(c) any food or drink provided to the earner for consumption either at any premises occupied by the person made liable by this Act to pay the Class 1A contribution or during any period intended for the consumption of food and drink to which the earner is entitled under his contract of employment,
(d) any emolument consisting of the provision to the earner of medical services and entitlements, whether by the payment to a third party of insurance or other premiums or otherwise,
(e) any entertainment provided, whether directly or by means of payment to one or more third parties, to the earner by the person made liable by this Act to pay the Class 1A contribution, unless the total value of such emolument exceeds £1,000 in any one year in which case a Class 1A contribution shall be payable in respect of the amount by which the value of the emolument exceeds that figure.'.
Mr Jeff Rooker
316
Clause 57, page 58, line 42, after '(2)' insert 'Subject to section 10ZA below,'.
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
332
Clause 57, page 59, line 30, leave out from 'determined' to 'sections' in line 31 and insert 'in accordance with'.
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
333
Clause 57, page 59, line 32, leave out from 'etc.);' to end of line 39.
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
334
Clause 57, page 59, line 40, leave out from beginning to end of line 48 and insert 'Where—
(a) an emolument is one in respect of which a Class 1A contribution is payable and
(b) the person made liable by this Act to pay the Class 1A contribution had himself made payment of the amounts of income tax payable in respect of the emolument
the amount of the emolument for the purposes of this section shall be the value of the emolument as received by the earner before the payment of any income tax by the person made liable by this Act to pay the Class 1A contribution.'.
Mr Jeff Rooker
317
Clause 57, page 59, line 42, at beginning insert 'any enactment contained in the Income Tax Acts'.
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
335
Clause 57, page 60, line 30, leave out from 'beginning' to 'and' in line 31 and add 'on 6th April of the year after the date of commencement of this Act, or, if the Act comes into force on various dates, the earliest of these dates,'.
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
336
Clause 57, page 60, line 34, leave out from 'made' to end of line 36.
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
337
Clause 59, page 61, line 42, leave out 'and'.
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
338
Clause 59, page 61, line 46, at end add 'and
(d) the emolument is not one to which subsection (2) applies
(2) The emoluments mentioned in (1)(d) above are—
(a) any equipment or service intended primarily to protect the physical safety of the earner, which facility may include the provision of transport services where in the reasonable opinion of the person made liable by this Act to pay the Class 1A contribution the physical safety of the earner requires the provision of such service,
(b) any facility provided at any premises occupied by the person made liable by this Act to pay the Class 1A contribution primarily for the purpose of the care of any children in the care of the earner, whether or not such facility has an educational purpose or component,
(c) any food or drink provided to the earner for consumption either at any premises occupied by the person made liable by this Act to pay the Class 1A contribution or during any period intended for the consumption of food and drink to which the earner is entitled under his contract of employment,
(d) any emolument consisting of the provision to the earner of medical services and entitlements, whether by the payment to a third party of insurance or other premiums or otherwise,
(e) any entertainment provided, whether directly or by means of payment to one or more third parties, to the earner by the person made liable by this Act to pay the Class 1A contribution, unless the total value of such emolument exceeds £1,000 in any one year in which case a Class 1A contribution shall be payable in respect of the amount by which the value of the emolument exceeds that figure.'.
Mr Jeff Rooker
318
Clause 59, page 62, line 3, after '(2)' insert 'Subject to section 10ZA below,'.
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
339
Clause 59, page 62, line 36, leave out from 'determined' to 'sections' in line 37 and add 'in accordance with'.
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
340
Clause 59, page 62, line 38, leave out from 'etc.);' to end of line 45.
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
341
Clause 59, page 62, line 46, leave out from 'The' to end of line 5 on page 63 and insert 'Where—
(a) an emolument is one in respect of which a Class 1A contribution is payable; and
(b) the person made liable by this Act to pay the Class 1A contribution had himself made payment of the amounts of income tax payable in respect of the emolument
the amount of the emolument for the purposes of this section shall be the value of the emolument as received by the earner before the payment of any income tax by the person made liable by this Act to pay the Class 1A contribution.'.
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