Pensions Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Pensions Bill

Pensions Bill
Schedule 8 — Restricted information held by the Board: certain permitted disclosures to facilitate exercise of functions
254

Schedule 8
Section 183

Restricted information held by the Board: certain permitted disclosures to
facilitate exercise of functions

Persons
Functions

The Secretary of State.
Functions under—

5

(a)
Part 14 of the Companies

Act 1985 (c. 6),

(b)
the Insolvency Act 1986

(c. 45),

(c)
Part 3 of the Companies

10

Act 1989 (c. 40),

(d)
Part 1 of the Export and

Investment Guarantees Act

1991 (c. 67) (apart from

sections 5 and 6),

15

(e)
Part 3 of the Pension

Schemes Act 1993 (c. 48),

(f)
Part 5 of the Police Act 1997

(c. 50),

(g)
the Financial Services and

20

Markets Act 2000 (c. 8), or

(h)
this Act,

and functions of co-operating with

overseas government authorities

and bodies in relation to criminal

25

matters.

The Bank of England.
Any of its functions.

The Financial Services Authority.
Functions under—

(a)
the legislation relating to

friendly societies,

30

(b)
the Building Societies Act

1986 (c. 53), or

(c)
the Financial Services and

Markets Act 2000.

The Charity Commissioners.
Functions under the Charities Act

35

1993 (c. 10).

The Pensions Regulator Tribunal.
Any of its functions.

The Pensions Ombudsman.
Functions under—

(a)
the Pension Schemes Act

1993, or

40

(b)
the Pension Schemes

(Northern Ireland) Act 1993

(c. 49).

Pensions Bill
Schedule 8 — Restricted information held by the Board: certain permitted disclosures to facilitate exercise of functions
255

Persons
Functions

The Ombudsman for the Board of
Any of his functions.

the Pension Protection Fund.

The Comptroller and Auditor
Any of his functions.

General.

5

The Auditor General for Wales.
Any of his functions.

The Auditor General for Scotland.
Any of his functions.

The Comptroller and Auditor
Any of his functions.

General for Northern Ireland.

The Commissioners of Inland
Functions under—

10

Revenue or their officers.
(a)
the Income and

Corporation Taxes Act 1988

(c. 1),

(b)
the Taxation of Chargeable

Gains Act 1992 (c. 12),

15

(c)
Part 3 of the Pension

Schemes Act 1993 (c. 48),

(d)
Part 3 of the Pension

Schemes (Northern

Ireland) Act 1993 (c. 49), or

20

(e)
the Income Tax (Earnings

and Pensions) Act 2003

(c. 1).

The Commissioners of Customs
Functions under any enactment.

and Excise.

25

The Official Receiver or, in
Functions under the enactments

Northern Ireland, the Official
relating to insolvency.

Receiver for Northern Ireland.

An inspector appointed by the
Functions under Part 14 of the

Secretary of State.
Companies Act 1985 (c. 6).

30

A person authorised to exercise
Functions under those sections or

powers under—
that Article.

(a)
section 447 of the

Companies Act 1985,

(b)
Article 440 of the

35

Companies (Northern

Ireland) Order 1986 (S.I.

1986/1032 (N.I. 6)), or

(c)
section 84 of the

Companies Act 1989 (c. 40).

40

Pensions Bill
Schedule 8 — Restricted information held by the Board: certain permitted disclosures to facilitate exercise of functions
256

Persons
Functions

A person appointed under—
Functions in relation to that

(a)
section 167 of the Financial
investigation.

Services and Markets Act

2000 (c. 8),

5

(b)
subsection (3) or (5) of

section 168 of that Act, or

(c)
section 284 of that Act,

to conduct an investigation.

A body designated under section
Functions in its capacity as a body

10

326(1) of that Act.
designated under that section.

A recognised investment exchange
Functions in its capacity as an

or a recognised clearing house (as
exchange or clearing house

defined by section 285 of that Act).
recognised under that Act.

A body corporate established in
Functions under the Financial

15

accordance with section 212(1) of
Services Compensation Scheme,

that Act.
established in accordance with

section 213 of that Act.

The Panel on Takeovers and
Functions under the City Code on

Mergers.
Takeovers and Mergers and the

20

Rules Governing Substantial

Acquisitions of Shares for the time

being issued by the Panel.

The General Insurance Standards
Functions of regulating sales and

Council.
advisory and service standards in

25

relation to insurance.

A recognised professional body
Functions in its capacity as such a

(within the meaning of section 391
body under that Act.

of the Insolvency Act 1986 (c. 45)).

A person on whom functions are
The functions so conferred.

30

conferred by or under Part 2, 3 or 4

of the Proceeds of Crime Act 2002

(c. 29).

The Counter Fraud and Security
Any of its functions.

Management Service established

35

under the Counter Fraud and

Security Management Service

(Establishment and Constitution)

Order 2002 (S.I. 2002/3039).

Pensions Bill
Schedule 9 — Reviewable matters
257

Persons
Functions

The Department of Enterprise,
Functions under—

Trade and Investment in Northern
(a)
Part 15 of the Companies

Ireland.
(Northern Ireland) Order

1986 (S.I. 1986/1032 (N.I.

5

6)),

(b)
the Insolvency (Northern

Ireland) Order 1989 (S.I.

1989/2405 (N.I. 19)), or

(c)
Part 2 of the Companies

10

(No. 2) (Northern Ireland)

Order 1990 (S.I. 1990/1504

(N.I. 10)).

The Department for Social
Functions under Part 3 of the

Development in Northern Ireland.
Pension Schemes (Northern

15

Ireland) Act 1993 (c. 49).

An Inspector appointed by the
Functions under Part 15 of the

Department of Enterprise, Trade
Companies (Northern Ireland)

and Investment in Northern
Order 1986.

Ireland.

20

A recognised professional body
Functions in its capacity as such a

within the meaning of Article 350
body under that Order.

of the Insolvency (Northern

Ireland) Order 1989.

The Gaming Board for Great
Functions under—

25

Britain.
(a)
the Gaming Act 1968

(c. 65), or

(b)
the Lotteries and

Amusements Act 1976

(c. 32).

30

Schedule 9
Section 189

Reviewable matters
1
Whether an occupational pension scheme is an eligible scheme.
2
The issue of, or failure to issue, a notice under section 112(2) (Board’s duty
where insolvency practitioner fails to give a notice under section 111).
35
3
The issue of, or failure to issue—
(a)
a notice under subsection (2) of section 117 (scheme rescue not
possible), or
(b)
a withdrawal notice under subsection (3) of that section (scheme
rescue has occurred).
40

Pensions Bill
Schedule 9 — Reviewable matters
258

4
Any direction given under subsection (2) of section 121 (directions during an
assessment period) or any variation or revocation of such a direction under
subsection (4) of that section.
5
The issue of a notice under section 123(2) (power to validate contraventions
of section 122).
5
6
The making of a loan under section 126(2) (loans to pay scheme benefits), the
amount of any such loan or the failure to make such a loan.
7
The approval of, or failure to approve, a valuation in respect of an eligible
scheme under section 128(2).
8
The issue of, or failure to issue, a withdrawal notice under or by virtue of—
10
(a)
section 130 (schemes which become eligible schemes), or
(b)
section 131 (new schemes created to replace existing schemes).
9
The issue of, or failure to issue, a withdrawal notice under section 132(5)(a)
(no insolvency event has occurred or is likely to occur).
10
The issue of, or failure to issue, a determination notice under section 135(3)
15
(whether value of scheme assets less than aggregate of protected liabilities
etc).
11
The issue of, or failure to issue, a determination notice under section 136(6)
(authorisation to continue as closed scheme).
12
Any direction given under section 137(7) (directions about winding up of
20
scheme with sufficient assets to meet protected liabilities) and any variation
or revocation of such a direction.
13
The failure by the Board to give a transfer notice under section 143.
14
Any determination by the Board of a person’s entitlement to compensation
under the pension compensation provisions or the failure in any case to
25
make such a determination.
15
Any failure by the Board to make a payment required by section 146(3)(b)
(adjustments to be made where Board assumes responsibility for a scheme).
16
The amount of the initial levy or any pension protection levy payable in
respect of an eligible scheme determined by the Board under section
30
164(3)(b).
17
The making of a fraud compensation payment under section 165(1), the
amount of any such payment or the failure to make such a payment.
18
The issue of, or failure to issue, a notice under section 166(2) (scheme rescue
not possible or having occurred in case of scheme which is not eligible or not
35
subject to insolvency events).
19
Any settlement date determined by the Board under section 167(2) (recovery
of value) or the failure to determine a settlement date under that provision.
20
Any determination by the Board under section 167(4) (recovery of value:
whether amount received in respect of particular act or omission) or the
40
failure to make such a determination.
21
The making of a payment under section 169(1) (interim payments), the
amount of any such payment or the failure to make such a payment.

Pensions Bill
Schedule 10 — Use and supply of information: private pensions policy and retirement planning
259

22
Any term or condition imposed by the Board—
(a)
under section 168(2) on the making of a fraud compensation
payment; or
(b)
under subsection (4) of section 169 (interim payments) on the making
of a payment under subsection (1) of that section.
5
23
Any determination by the Board under section 169(3)(b) (interim payments)
that the amount of a payment was excessive.
24
Any date determined by the Board under section 170(4) (earliest date for
making a fraud compensation transfer payment).
25
Any determination by the Board under section 170(6) (fraud compensation
10
transfer payments: whether payment is received in respect of particular act
or omission).
Schedule 10
Section 217

Use and supply of information: private pensions policy and retirement
planning
15
Use of information held by Secretary of State etc
1     (1)
Section 3 of the Social Security Act 1998 (c. 14) (use of information) is
amended as follows.
      (2)
In subsection (1), for the words from “social security” to “training” substitute
“any of the matters specified in subsection (1A) below”.
20
      (3)
After subsection (1) insert—
“(1A)
The matters are—
(a)
social security, child support or war pensions;
(b)
employment or training;
(c)
private pensions policy;
25
(d)
retirement planning.”
      (4)
In subsection (2)(a), for the words from “social security” to “training”
substitute “any of the matters specified in subsection (1A) above”.
      (5)
After subsection (4) insert—
“(5)
In this section—
30

“private pensions policy” means policy relating to occupational
pension schemes or personal pension schemes (within the
meaning given by section 1 of the Pension Schemes Act 1993);

“retirement planning” means promoting financial planning for
retirement.”
35
Supply of information held by tax authorities
2     (1)
This paragraph applies to information which is held—
(a)
by the Commissioners of Inland Revenue;
(b)
by a person providing services to the Commissioners of Inland
Revenue, in connection with the provision of those services;
40

Pensions Bill
Schedule 10 — Use and supply of information: private pensions policy and retirement planning
260

(c)
by the Commissioners of Customs and Excise;
(d)
by a person providing services to the Commissioners of Customs
and Excise, in connection with the provision of those services.
      (2)
Information to which this paragraph applies may be supplied—
(a)
to the Secretary of State or the Northern Ireland Department, or
5
(b)
to a person providing services to the Secretary of State or the
Northern Ireland Department,

for use for the purposes of functions relating to private pensions policy or
retirement planning.
      (3)
An authorised officer may require information to which this paragraph
10
applies to be supplied—
(a)
to the Secretary of State or the Northern Ireland Department, or
(b)
to a person providing services to the Secretary of State or the
Northern Ireland Department,

for use for the purposes of functions relating to private pensions policy or
15
retirement planning.
      (4)
In sub-paragraph (3) “authorised officer” means an officer of the Secretary of
State or the Northern Ireland Department authorised for the purposes of this
paragraph by the Secretary of State or the Northern Ireland Department.
      (5)
In this paragraph—
20
“private pensions policy” means policy relating to occupational
pension schemes or personal pension schemes;
“retirement planning” means promoting financial planning for
retirement;
“the Northern Ireland Department” means the Department for Social
25
Development in Northern Ireland.
Supply of housing benefit and council tax benefit information
3     (1)
Section 122D of the Social Security Administration Act 1992 (c. 5) (supply of
information by authorities administering housing benefit or council tax
benefit) is amended as follows.
30
      (2)
In subsection (1) for “or employment or training” substitute “employment or
training, private pensions policy or retirement planning”.
      (3)
After subsection (2) insert—
“(2A)
Information supplied under subsection (2) may be used for any
purpose relating to private pensions policy or retirement planning.”
35
      (4)
After subsection (5) insert—
“(6)
In this section—

“private pensions policy” means policy relating to occupational
pension schemes or personal pension schemes (within the
meaning given by section 1 of the Pension Schemes Act 1993);
40

“retirement planning” means promoting financial planning for
retirement.”