Amendments proposed to the Civil Partnership Bill [Lords] - continued	House of Commons
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Jacqui Smith

170

Schedule     5,     page     140,     line     6,     at end insert—

'( )	In subsection (1)(ba) (application may be made by person living as husband or wife of the deceased), after "subsection (1A)" insert "or (1B)".'.

   

Jacqui Smith

171

Schedule     5,     page     140,     line     8,     at end insert—

'( )	After subsection (1A) insert—

    "(1B)   This subsection applies to a person if for the whole of the period of two years ending immediately before the date when the deceased died the person was living—

(a)	in the same household as the deceased, and

(b)	as the civil partner of the deceased."'.

   

Jacqui Smith

172

Schedule     5,     page     141,     line     4,     at end insert—

'In section 3(2A) (application by person living as husband or wife of deceased: matters to which court is to have regard), in paragraph (a), after "wife" insert "or civil partner".'.

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Jacqui Smith

36

Schedule     6,     page     156,     line     6,     leave out sub-paragraph (3).

   

Jacqui Smith

37

Schedule     6,     page     156,     line     8,     after 'under' insert 'paragraph 27 or'.

   

Jacqui Smith

38

Schedule     6,     page     156,     line     18,     at end insert—

'Part 6A

Pension protection fund compensation etc.

PPF compensation to be included in matters to which court is to have regard

29A

(1)

The matters to which a court is to have regard under paragraph 21(2)(a) include any PPF compensation to which a civil partner is or is likely to be entitled; and, accordingly, in relation to any PPF compensation paragraph 21(2)(a)(ii) has effect as if "in the foreseeable future" were omitted.

(2)	The matters to which a court is to have regard under paragraph 21(2)(h) include any PPF compensation which, because of the making of a dissolution or nullity order, a civil partner will lose the chance of acquiring entitlement to.

(3)	In this Part "PPF compensation" means compensation payable under—

(a)   Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection), or

(b)   corresponding Northern Ireland legislation.

Assumption of responsibility by PPF Board in paragraph 25(2) cases

29B

(1)

This paragraph applies to an order under Part 1 so far as it includes provision made by virtue of paragraph 25(2) which—

(a)   imposed requirements on the trustees or managers of an occupational pension scheme for which the Board has assumed responsibility, and

(b)   was made before the trustees or managers received the transfer notice.

(2)	From the time the trustees or managers of the scheme receive the transfer notice, the order has effect—

(a)   except in descriptions of case prescribed by regulations, with the modifications set out in sub-paragraph (3), and

(b)   with such other modifications as may be prescribed by regulations.

(3)	The modifications are that—

(a)   references in the order to the trustees or managers of the scheme have effect as references to the Board, and

(b)   references in the order to any pension or lump sum to which the civil partner with pension rights is or may become entitled under the scheme have effect as references to any PPF compensation to which that person is or may become entitled in respect of the pension or lump sum.

Assumption of responsibility by PPF Board in paragraph 25(5) cases

29C

(1)

This paragraph applies to an order under Part 1 if—

(a)   it includes provision made by virtue of paragraph 25(5) which requires the civil partner with pension rights to exercise his right of commutation under an occupational pension scheme to any extent, and

(b)   before the requirement is complied with the Board has assumed responsibility for the scheme.

(2)	From the time the trustees or managers of the scheme receive the transfer notice, the order has effect with such modifications as may be prescribed by regulations.

Lump sums: power to modify paragraph 26 in respect of assessment period

29D

Regulations may modify paragraph 26 in its application to an occupational pension scheme during an assessment period in relation to the scheme.

Assumption of responsibility by the Board not to affect power of court to vary order etc.

29E

(1)

This paragraph applies where the court makes, in relation to an occupational pension scheme—

(a)   a pension sharing order, or

(b)   an order including provision made by virtue of paragraph 25(2) or(5).

(2)	If the Board subsequently assumes responsibility for the scheme, that does not affect—

(a)   the powers of the court under paragraph 43 to vary or discharge the order or to suspend or revive any provision of it;

(b)   on an appeal, the powers of the appeal court to affirm, reinstate, set aside or vary the order.

Regulations

29F

Regulations may make such consequential modifications of any provision of, or made by virtue of, this Schedule as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of this Part.

29G

(1)

In this Part "regulations" means regulations made by the Lord Chancellor.

(2)	A power to make regulations under this Part is exercisable by statutory instrument which is subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

29H

(1)

In this Part—

"assessment period" means—

(a)	an assessment period within the meaning of Part 2 of the Pensions Act 2004 (pension protection), or

(b)	an equivalent period under corresponding Northern Ireland legislation;

"the Board" means the Board of the Pension Protection Fund;

"the civil partner with pension rights" has the meaning given by paragraph 29(1);

"occupational pension scheme" has the same meaning as in the Pension Schemes Act 1993 (c.48);

"transfer notice" has the same meaning as in—

(a)	Chapter 3 of Part 2 of the 2004 Act, or

(b)	corresponding Northern Ireland legislation.

(2)	References in this Part to the Board assuming responsibility for a scheme are to the Board assuming responsibility for the scheme in accordance with—

(a)   Chapter 3 of Part 2 of the 2004 Act (pension protection), or

(b)   corresponding Northern Ireland legislation.'.

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Jacqui Smith

39

Schedule     8,     page     199,     line     10,     leave out sub-paragraph (4) and insert—

'(4)	The matters to which the court is to have regard under sub-paragraph (3)(a), so far as relating to paragraph 21(2)(a) of Schedule 6 (regard to be had to financial resources), include—

(a)   any benefits under a pension arrangement which either of the civil partners has or is likely to have, and

(b)   any PPF compensation to which a civil partner is or is likely to be entitled,

(whether or not in the foreseeable future).

(4A)	The matters to which the court is to have regard under sub-paragraph (3)(a), so far as relating to paragraph 21(2)(h) of Schedule 6 (regard to be had to benefits that cease to be acquirable), include—

(a)   any benefits under a pension arrangement which, because of the dissolution or annulment of the civil partnership, one of the civil partners will lose the chance of acquiring, and

(b)   any PPF compensation which, because of the making of the dissolution or nullity order, a civil partner will lose the chance of acquiring entitlement to.'.

   

Jacqui Smith

40

Schedule     8,     page     199,     line     34,     leave out 'section' and insert 'paragraph'.

   

Jacqui Smith

41

Schedule     8,     page     199,     line     36,     leave out 'and'.

   

Jacqui Smith

42

Schedule     8,     page     199,     line     39,     at end insert ', and

(c)   "PPF compensation" has the same meaning as in Part 6A of Schedule 6.'.

   

Jacqui Smith

43

Schedule     8,     page     201,     line     44,     at end insert—

'( )   paragraphs 29B to 29H (orders under Part 1 relating to pensions where Board has assumed responsibility for scheme);'.

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Jacqui Smith

33

Clause     78,     page     35,     line     39,     at end insert—

    '( )   In section 21 (placement orders), in subsection (4)(c), after "child marries" insert ", forms a civil partnership".'.

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Jacqui Smith

173

Schedule     9,     page     217,     line     18,     at end insert—

'( )	In subsection (3), for the definition of "cohabitants" substitute—

""cohabitants" means—

(a)	a man and a woman who, although not married to each other, are living together as husband and wife, or

(b)	two people of the same sex who, although not civil partners of each other, are living together as if they were civil partners;

and "former cohabitants" shall be construed accordingly,".'.

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Jacqui Smith

166

Clause     82,     page     37,     line     37,     at end insert—

    '( )   In paragraph (b)(iii) of section 1(3), after "wife" insert "or civil partner".'.

   

Jacqui Smith

167

Clause     82,     page     38,     line     10,     at end insert—

    '( )   In section 3 (assessment of damages), in subsection (4), after "wife" insert "or civil partner".'.

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Jacqui Smith
Mrs Anne McGuire
Mr Robert Key
Mr John Bercow
Charles Hendry

6

Clause     84,     page     38,     line     30,     leave out 'Subject to subsection (2),'.

Prepared 21 Oct 2004