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S.C.B.
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| (c) | may be removed from office by the Secretary of State with the written agreement of the Lord Chief Justice.'. |
Mr David Willetts
Mr Nigel Waterson
Mr George Osborne
Mr Peter Atkinson
Gregory Barker
Andrew Rosindell
534
Clause 170, page 108, line 11, at end insert—'( ) Subject to any provision made by regulations under section 174, the procedure for conducting an investigation by the PPF Ombudsman shall be as he considers appropriate in the circumstances of the case; and he may, in particular, obtain information from such persons, and in such manner, and make such inquiries, as he thinks fit.'.
Malcolm Wicks
529
Clause 170, page 108, leave out lines 12 to 18.
Mr Harry Barnes
170
Clause 170, page 108, line 15, leave out 'and any corresponding provisions in force in Northern Ireland'.
Malcolm Wicks
530
Clause 170, page 108, line 26, at end insert—
| '( ) | about the delegation of the functions of the PPF Ombudsman to its staff or to any such additional staff;'. |
Mr David Willetts
Mr Nigel Waterson
Mr George Osborne
Mr Peter Atkinson
Gregory Barker
Andrew Rosindell
535
Clause 170, page 108, line 34, at end insert—'( ) For the purposes of the law of defamation, the publication of any matter by the PPF Ombudsman—
| (a) | in submitting or publishing a report under section 172 or a determination or direction under section 173, |
| (b) | in disclosing any information under section 174, or |
| (c) | in sending to any person a determination or direction |
shall be absolutely privileged.'.
Malcolm Wicks
531
Clause 171, page 109, line 4, after 'Fund', insert 'and any deputy to that Ombudsman appointed under section [Deputy PPF Ombudsmen] of the Pensions Act 2004.'.
Malcolm Wicks
532
Clause 171, page 109, line 7, after 'Fund', insert 'and any deputy to that Ombudsman appointed under section [Deputy PPF Ombudsmen] of the Pensions Act 2004.'.
Malcolm Wicks
557
Clause 171, page 109, line 7, at end insert—'( ) In Schedule 4 to the Parliamentary Commissioner Act 1967 (c.13) (relevant tribunals for the purposes of section 5(7) of that Act), at the appropriate place insert—
| "The Ombudsman for the Board of the Pension Protection Fund established under section 170 of the Pensions Act 2004."'. |
Mr David Willetts
Mr Nigel Waterson
Mr George Osborne
Mr Peter Atkinson
Gregory Barker
Andrew Rosindell
516
Clause 172, page 109, line 11, leave out 'the Secretary of State' and insert 'both Houses of Parliament'.
Mr David Willetts
Mr Nigel Waterson
Mr George Osborne
Mr Peter Atkinson
Gregory Barker
Andrew Rosindell
517
Clause 172, page 109, line 13, leave out subsection (3).
Mr David Willetts
Mr Nigel Waterson
Mr George Osborne
Mr Peter Atkinson
Gregory Barker
Andrew Rosindell
518
Clause 173, page 110, line 34, at end insert 'taking into account but not being limited to remedies available by way of legal action in the civil courts'.
Mr David Willetts
Mr Nigel Waterson
Mr George Osborne
Mr Peter Atkinson
Gregory Barker
Andrew Rosindell
536
Clause 174, page 110, line 42, at end insert—'( ) For the purposes of any investigation under this section, the PPF Ombudsman shall have the same power as the court in respect of the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad) and in respect of the production of documents.'.
Mr David Willetts
Mr Nigel Waterson
Mr George Osborne
Mr Peter Atkinson
Gregory Barker
Andrew Rosindell
537
Clause 174, page 111, line 38, at end insert—'( ) To assist him in an investigation, the PPF Ombudsman may obtain advice from any person who in his opinion is qualified to give it and may pay to any such person such fees or allowances as he may determine.'.
Mr David Willetts
Mr Nigel Waterson
Mr George Osborne
Mr Peter Atkinson
Gregory Barker
Andrew Rosindell
538
Clause 175, page 111, line 44, at end insert—'( ) The PPF Ombudsman may refer any question of law arising for determination in connection with a reviewable matter to the High Court or, in Scotland, to the Court of Session.'.
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)'.
Malcolm Wicks
558
Clause 228, page 153, line 17, at end insert 'and in the application of this section to Northern Ireland by virtue of section 246(2)(f)(ii) also includes the Department for Social Development in Northern Ireland'.
Malcolm Wicks
559
Clause 230, page 154, line 13, leave out 'section 204' and insert 'sections [no indemnification for fines or civil penalties] and 204'.
Malcolm Wicks
560
Clause 231, page 154, line 39, leave out 'and'.
Malcolm Wicks
561
Clause 231, page 154, line 40, at end insert— ', and
| '( ) | sections (Consultation by employers: occupational pension schemes) and (Further provisions about regulations relating to consultation by employers) (consultation by employers).'. |
Mr Harry Barnes
171
Clause 233, page 156, line 35, leave out paragraph (e).
Malcolm Wicks
562
Clause 239, page 159, line 12, at end insert—
| '( ) | regulations which make provision by virtue of section (Further provisions about regulations relating to consultation by employers) (2)(f) (power to make amendments etc to certain Acts);'. |
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)."'. |
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