S.C.F.
Amendment Paper as at
Tuesday 29th February 2000
STANDING COMMITTEE F
New Amendments handed in are marked thus *
CHILD SUPPORT, PENSIONS AND SOCIAL SECURITY BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [15th February], as follows:—
Clause 1, Schedule 1, Clauses 2 to 6, Schedule 2, Clauses 7 to 14, Clauses 61 and 62, Schedule 6, Clauses 15 to 25, Schedule 3, Clauses 26 and 27, New Clauses relating to Part I, Clauses 28 to 29, Clauses 33 to 43, Schedule 4, Clauses 44 to 55, Schedule 5, Clauses 56 to 60, Clauses 63 and 64, Schedule 7, Clauses 65 and 66, Remaining new Clauses, new Schedules, Clauses 30 to 32.
Mr Paul Burstow
Mr Andrew George
329
Clause 49, page 52, line 25, leave out from '(a)' to 'the' in line 26 and insert 'a court has determined that an offender has breached'.
Mr Paul Burstow
Mr Andrew George
344
Clause 49, page 52, line 25, leave out 'information is laid before a justice of the peace that'.
Mr Paul Burstow
Mr Andrew George
345
Clause 49, page 52, line 26, leave out 'has failed' and insert 'is found guilty by a court of having failed'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
159
Clause 49, page 52, line 26, after 'with', insert 'any of'.
Mr Paul Burstow
Mr Andrew George
346
Clause 49, page 52, line 29, leave out 'information has been laid' and insert 'offender has been found guilty'.
Mr Paul Burstow
Mr Andrew George
347
Clause 49, page 52, line 32, after 'then', insert 'the court may order that'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
321
Clause 49, page 52, leave out lines 34 and 35 and insert—
'(2) The restrictions mentioned in subsection (1) are:
(a) The relevant benefit shall not be payable to the offender for the prescribed period and shall be replaced by the presentation to the offender of vouchers to the value of the relevant benefit which may be redeemed by the offender in exchange only for such goods and services as may be prescribed; or
(b) A proportion, determined at the Secretary of State's discretion, of the relevant benefit shall be replaced for the prescribed period with vouchers of the type mentioned in (a); or
(c) Subject to subsections (3) to (5), the relevant benefit shall not be payable in the offender's case for the prescribed period.
(3) the Secretary of State shall upon receipt of notification in accordance with regulations under section 51 that the information has been laid elect which of the restrictions mentioned in (2) shall apply in the offender's case.'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
322
Clause 49, page 53, line 11, leave out from 'period' to end of line 12.
Mrs Jacqui Lait
Mr Eric Pickles
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
297
Clause 49, page 53, line 12, at end insert—
'(5A) Where the relevant benefit is the additional pension in a widowed parent's allowance or bereavement allowance under section 39C of the Social Security Contributions and Benefits Act 1992 or a Category A retirement pension payable under section 45 of that Act, no restriction shall apply unless the offender has been convicted of one or more offences specified in section 92(4) of the Pensions Act 1995.'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
323
Clause 49, page 53, line 21, at end insert 'unless the restriction applied was imposed under either subsection 2(a) or 2(b) in which case no adjustments shall be made and no compensation shall be payable.'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
324
Clause 49, page 53, line 23, leave out 'twenty-six' and insert 'thirty-seven'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
326
Clause 49, page 53, line 24, leave out subsection (8) and insert—
'(8) Subsections (2) to (5) shall not apply in any case in which the period which is the prescribed period for the purposes of that subsection does not begin until after the period of three years after the laying of the information.'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
325
Clause 49, page 53, line 24, leave out subsection (8).
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
300
Clause 49, page 54, line 11, at end insert—
'(11) In the application to Scotland of this section—
(i) in paragraph (a), for "information is laid before a justice of the peace" substitute "proceedings are commenced on the grounds",
(ii) for paragraph (b) substitute—
"(b) the Secretary of State is notified in accordance with an Act of Adjournal made under section 51 that the proceedings have been commenced";
(b) for subsection (6) substitute—
"(6) Where—
(a) proceedings against the offender for failure to comply with a relevant community order are discontinued, or
(b) a court makes a determination that the failure to comply with respect to which the proceedings were commenced either—
(i) did not take place, or
(ii) in the case of a community service order, is a failure for which there is a reasonable excuse,
all such payments and other adjustments shall be made as would be necessary if the restrictions imposed by or under this section in respect of those proceedings had not been imposed."
(c) in subsection (8) for "laying of the information" substitute "commencement of the proceedings"; and
(i) in the definition of relevant benefit, paragraph (d) does not apply in the case of any payment made by or on behalf of the Scottish Ministers; and
(ii) in the definition of relevant community order, for paragraphs (c) to (e) substitute—
"(c) such other description of order made under the Criminal Procedure (Scotland) Act 1995 as may be prescribed for the purposes of this section; or
(d) any order falling in Scotland to be treated as an order specified in paragraphs (a) to (c).",
and, for the purposes of this section and sections 50 and 51, proceedings for failure to comply with a relevant community order are commenced when a court issues, under section 232(1) (probation) or 239(4) (community service) of the Criminal Procedure (Scotland) Act 1995, a warrant to arrest the offender or to cite him to appear before the court.'.
Mr Paul Burstow
Mr Andrew George
257
Page 52, line 24, leave out Clause 49.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
301
Clause 50, page 55, line 5, at end insert—
'( ) In the application to Scotland of this section—
(a) in subsection (3)(b), for "in relation to whom the information in question has been laid" substitute " against whom the proceedings in question have been commenced";
(i) for "an information relating to" substitute "proceedings against",
(ii) for "information relating to" in the second place where it occurs, substitute "proceedings against"; and
(c) in subsection (7), for "laying of the information" substitute "commencement of the proceedings".'.
Mr Eric Pickles
Mrs Jacqui Lait
Mr Edward Leigh
Mr Laurence Robertson
Miss Julie Kirkbride
Mr Desmond Swayne
327
Clause 51, page 55, line 14, leave out 'may' and insert 'shall'.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
302
Clause 51, page 55, line 20, after '49(1);' insert—
'() of such information about the offender, and in the possession of the person giving the notification, as may be prescribed;'.
Mr Jeff Rooker
Angela Eagle
Mr Kevin Hughes
303
Clause 51, page 55, line 23, leave out subsection (3) and insert—
'(3) The High Court of Justiciary may, by Act of Adjournal, make provision requiring the clerk of the court in which any proceedings for failure to comply with a relevant community order have been commenced to notify the Secretary of State at such time and in such manner as may be specified in the Act of Adjournal of—
(a) the commencement of the proceedings;
(b) such information about the offender as may be so specified; and
(c) any circumstances by virtue of which any payment or adjustment might fall to be made by virtue of section 49(6) or 50(5).'.
