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)'.
Malcolm Wicks
491
Page 104, line 33, leave out Clause 167.
Mr Harry Barnes
170
Clause 170, page 108, line 15, leave out 'and any corresponding provisions in force in Northern Ireland'.
Malcolm Wicks
501
Clause 177, page 112, line 41, at end insert—
'(1A) Subsection (2) also applies where—
| (a) | the trustees or managers of an eligible scheme— |
| (i) | make an application to the Board under subsection (1) of section 101, or |
| (ii) | receive a notice from the Board under subsection (5)(a) of that section, and |
| (b) | the winding up of the scheme begins— |
| (i) | at or after the time the application is made or notice is received, but |
| (ii) | not later than the issuing of a notice in relation to the scheme under section 102(2) or (3).'. |
Malcolm Wicks
502
Clause 177, page 113, line 2, leave out 'that qualifying insolvency event' and insert 'the event within subsection (1)(a) or, as the case may be, (2)(a)'.
Malcolm Wicks
503
Clause 177, page 113, line 8, at end insert—
'( ) Subsection (4) of section 100 applies for the purposes of subsection (1A) of this section as it applies for the purposes of subsection (1) of that section.'.
Malcolm Wicks
504
Clause 224, page 150, line 21, leave out 'an order under this section' and insert 'subsection (2)'.
Malcolm Wicks
505
Clause 226, page 151, line 1, leave out 'an order under this section' and insert 'subsection (2)'.
Mr Harry Barnes
171
Clause 233, page 156, line 35, leave out paragraph (e).
Steve Webb
Paul Holmes
404
Clause 241, page 160, line 40, at end add—
' "organisations representing pensioner members of a scheme" means any not for profit association, or company limited by guarantee, funded by its members, representing a minimum number or percentage of pensioner members of the scheme as may be specified in regulations.'.
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
512
*Schedule 11, page 232, leave out lines 14 and 15 and insert—
| '39 | (1) | Paragraph 1 of Schedule 1 (application of enactments relating to occupational trust schemes to certain stakeholder schemes) is amended as follows. |
| (2) | In sub-paragraph (2), in paragraph (b)—'. |
Malcolm Wicks
513
*Schedule 11, page 232, line 20, at end insert—
| '( ) | After that paragraph insert "; and |
(c) Chapters 4 and 5 of Part 2 of the Pensions Act 2004 (fraud compensation and information gathering)."
| ( ) | After sub-paragraph (5) insert— |
"(6) Chapters 4 and 5 of Part 2 of the Pensions Act 2004 (as applied by sub-paragraph (1)) shall have effect with such modifications as the Secretary of State may prescribe by regulations.".'.
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).' |
Malcolm Wicks
403
Schedule 12, page 234, line 27, after '21(3)"' insert 'and "78, 79, 80(4)"'.
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.
Malcolm Wicks
509
*Clause 246, page 163, line 10, after '83' insert ', 84(1) and (3)'.
Malcolm Wicks
510
*Clause 246, page 163, line 10, after '93' insert '135, 150'.
Malcolm Wicks
511
*Clause 246, page 163, line 10, leave out second 'and' and insert—
| '( ) | section 85 so far as that provision has effect in relation to functions of the Board conferred by any provision of, or made under, this Act which extends to Northern Ireland, and'. |
Malcolm Wicks
398
Clause 246, page 163, line 11, at end insert '(other than paragraph 17A)'.
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.'.
|
