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Malcolm Wicks
68
Clause 163, page 101, leave out lines 20 and 21 and insert—
| (ii) | any public authority (within the meaning of section 6 of the Human Rights Act 1998 (c.42)) which receives the information directly or indirectly from the Board, |
for any of the purposes specified in section 17(2)(a) to (d) of the Anti-terrorism, Crime and Security Act 2001 (c.24) (criminal proceedings and investigations),'.
Malcolm Wicks
69
Clause 163, page 101, line 22, leave out 'other'.
Malcolm Wicks
70
Clause 163, page 102, line 32, at end insert—
'( ) Section 18 of the Anti-terrorism, Crime and Security Act 2001 (c.24) (restriction on disclosure of information for overseas purposes) has effect in relation to a disclosure authorised by subsection (2) as it has effect in relation to a disclosure authorised by any of the provisions to which section 17 of that Act applies.'.
Malcolm Wicks
71
Clause 164, page 102, line 41, after '(2)' insert 'above or section 19 of the Anti-terrorism, Crime and Security Act 2001 (c.24) (disclosure of information held by revenue departments)'.
Mr Harry Barnes
170
Clause 170, page 108, line 15, leave out 'and any corresponding provisions in force in Northern Ireland'.
Mr Harry Barnes
171
Clause 233, page 156, line 35, leave out paragraph (e).
Malcolm Wicks
90
Schedule 11, page 229, line 6, at end insert—
| | ' | In section 53 (supervision: former contracted-out schemes), after subsection (1B) insert— |
"(1C) But where a direction under subsection (1) conflicts with a freezing order made by the Regulatory Authority under section 20 of the Pensions Act 2004 in relation to the scheme then, during the period for which the freezing order has effect, the direction to the extent that it conflicts with the freezing order—
| (a) | is not binding as described in subsection (1), and |
| (b) | is not enforceable as described in subsection (1B)."'. |
Malcolm Wicks
91
Schedule 11, page 229, line 6, at end insert—
| | ' | In section 99 (trustees' duties after exercise of option)— |
(a) in subsection (4) after "circumstances," insert "by direction", and
(b) in subsection (4A) for "in relation to applications for extensions under subsection (4)" substitute "requiring applications for extensions under subsection (4) to meet prescribed requirements".'.
Malcolm Wicks
92
Schedule 11, page 229, line 6, at end insert—
| | ' | In section 101J (time for compliance with transfer notice)— |
(a) in subsection (2) after "circumstances," insert "by direction", and
(b) in subsection (6)(a) for "in relation to applications for extensions under subsection (2)" substitute "requiring applications for extensions under subsection (2) to meet prescribed requirements".'.
Malcolm Wicks
93
Schedule 11, page 229, line 8, at end insert—
| | ' | In section 168(4) (penalties for contravention of regulations) after "the provision" insert "to be required by notice in writing".'. |
Malcolm Wicks
94
Schedule 11, page 229, line 20, at end insert—
| | ' | In section 4 (suspension orders), in subsections (3) and (5) for "class" substitute "description".'. |
Malcolm Wicks
95
Schedule 11, page 229, line 22, at end insert—
| | ' | In section 9 (removal and appointment of trustees: property), after "exercise" insert "by order".'. |
Malcolm Wicks
96
Schedule 11, page 229, line 28, at end insert—
| | ' | In section 29 (persons disqualified for being trustees), in subsection (5) for "class" substitute "description".'. |
Malcolm Wicks
97
Schedule 11, page 229, line 29, after 'consequences)' insert '—
(a) in subsection (2), after "exercise" insert "by order", and
Malcolm Wicks
98
Schedule 11, page 230, line 41, at end insert—
| | ' | In section 69(2) (power to make provision in relation to applications under that section)— |
(a) for "about the manner of dealing with" substitute "requiring", and
(b) after "this section" insert "to meet prescribed requirements".'.
Malcolm Wicks
99
Schedule 11, page 230, line 41, at end insert—
| | ' | In section 71A(4)(d) (power to make provision in relation to applications for the purposes of that section)— |
(a) for "before such time as may be prescribed" substitute "before an application is made for the purposes of this section", and
(b) for "an application for the purposes of this section" substitute "the application".'.
Malcolm Wicks
100
Schedule 11, page 231, line 42, after '"Authority",' insert—
'( ) in subsection (3) after "may" insert "by direction",'.
Malcolm Wicks
101
Schedule 12, page 232, line 29, leave out '1' and insert '2'.
Malcolm Wicks
102
Schedule 12, page 233, leave out lines 23 and 24.
Malcolm Wicks
103
Schedule 12, page 233, line 53, column 2, at end insert—
| 'In section 71A(4), paragraphs (f) and (g).' |
Mr Harry Barnes
3
Clause 246, page 162, line 46, after 'England', insert 'Northern Ireland'.
Mr Harry Barnes
4
Clause 246, page 163, line 1, leave out from beginning to end of line 22.
Mr Harry Barnes
5
Page 163, line 26, leave out Clause 247.
REMAINING NEW CLAUSES
Effect of determination to wind up scheme on freezing order
Malcolm Wicks
NC2
To move the following Clause:—
'(1) This section applies where—
| (a) | the Regulator determines to make an order under section 11 of the Pensions Act 1995 (c.26) (power to wind up occupational pension schemes) in relation to a scheme ("a winding up order"), |
| (b) | that determination is made during the period for which a freezing order has effect in relation to the scheme, |
| (c) | the case is not one to which the special procedure in section 72 applies (immediate exercise of powers where immediate risk to assets etc), and |
| (d) | the winding up order accordingly cannot be made until the expiry of the period specified in section 70(4) (no exercise during period of referral to the Tribunal etc). |
(2) In such a case the freezing order is to continue to have effect until—
| (a) | where the winding up order is made, it ceases to have effect under section 24 from the time when that order is made, or |
| (b) | the determination to make the winding up order is revoked. |
(3) Subsection (2) is subject to the Regulator's power under section 75 to revoke the freezing order at any time.'.
Reports by skilled persons
Malcolm Wicks
NC3
To move the following Clause:—
'(1) The Regulator may issue a notice (a "report notice") to—
| (a) | the trustees or managers of a work-based pension scheme, |
| (b) | any employer in relation to such a scheme, or |
| (c) | any person who is otherwise involved in the administration of such a scheme, |
requiring them or, as the case may be, him to provide the Regulator with a report on one or more specified matters which are relevant to the exercise of any of the Regulator's functions.
(2) A report notice must require the person appointed to make the report to be a person—
| (a) | nominated or approved by the Regulator, and |
| (b) | appearing to the Regulator to have the skills necessary to make a report on the matter or matters concerned. |
(3) A report notice may require the report to be provided to the Regulator—
| (b) | before a specified date. |
(4) The costs of providing a report in accordance with a report notice must be met by the person to whom the notice is issued ("the notified person").
(5) But a report notice may require a specified person (other than the Regulator) to reimburse to the notified person the whole or any part of the costs of providing the report.
(6) Where, by virtue of subsection (5), an amount is required to be reimbursed by a specified person to the notified person, that amount is to be treated as a debt due from the specified person to the notified person.
(7) If the trustees or managers of a work-based pension scheme fail to comply with a report notice issued to them, section 10 of the Pensions Act 1995 (c.26) (civil penalties) applies to any trustee or manager who has failed to take all reasonable steps to secure compliance.
(8) That section also applies to any other person who, without reasonable excuse, fails to comply with a report notice issued to him.
(9) Where a report notice is issued, any person who is providing (or who at any time has provided) services to the notified person in relation to a matter on which the report is required must give the person appointed to make the report such assistance as he may reasonably require.
(10) The duty imposed by subsection (9) is enforceable, on the application of the Regulator, by an injunction or, in Scotland, by an order for specific performance under section 45 of the Court of Session Act 1988 (c.36).
(11) In this section—
"specified", in relation to a report notice, means specified in the notice;"work-based pension scheme" has the same meaning as in section 5 (Regulator's objectives).'.
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