Vote Bundle Text (941026-02)

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

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Jacqui Smith

Schedule 16, page 253, line 4, after 'under' insert 'paragraph 22 or'.

Jacqui Smith

Schedule 16, page 253, line 14, at end insert—

'Part 5A

Pension protection fund compensation etc.

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

24A (1) The matters to which a court is to have regard under paragraph 16(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 16(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 16(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 20(2) cases

24B (1) This paragraph applies to an order under Part 1 so far as it includes provision made by virtue of paragraph 20(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 20(5) cases

24C (1) This paragraph applies to an order under Part 1 if—

(a) it includes provision made by virtue of paragraph 20(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 21 in respect of assessment period

24D Regulations may modify paragraph 21 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.

24E (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 20(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 38 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

24F 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.

24G (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 rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573(N.I.12)).

(3) Regulations under this Part are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c.36) applies accordingly.

Interpretation

24H (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 24(1);

"occupational pension scheme" has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (c.49);

"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.'.

Jacqui Smith

Schedule 18, page 296, 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 16(2)(a) of Schedule 16 (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 16(2)(h) of Schedule 16 (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

Schedule 18, page 296, line 36, leave out 'and'.

Jacqui Smith

Schedule 18, page 296, line 39, at end insert ', and

Jacqui Smith

Schedule 18, page 298, line 45, at end insert—

'( ) paragraphs 24B to 24H (orders under Part 1 relating to pensions where Board has assumed responsibility for scheme);'.

Jacqui Smith

168

Clause 201, page 96, line 17, at end insert—

'( ) In sub-paragraph (b)(iii) of Article 2(2), after "wife" insert "or civil partner".'.

Jacqui Smith

169

Clause 201, page 96, line 34, at end insert—

'( ) In Article 5 (assessment of damages), in paragraph (3A), after "wife" insert "or civil partner".'.

Malcolm Bruce

233

Clause 202, page 97, line 33, at end insert—

'(6) Where the conditions in subsection (2) are met but one of the proposed civil partners is not a United Kingdom national the two proposed civil partners may choose—

(a) to register in prescribed countries or territories outside the United Kingdom, or

(b) to register as civil partners within the United Kingdom, for which purpose, when required, an appropriate visa will be issued to the proposed partner who is not a United Kingdom national.'.

Jacqui Smith

Clause 204, page 98, line 36, after 'Act)' insert 'with a responsible authority'.

Jacqui Smith

Schedule 21, page 315, line 10, at end insert—

'Canada: Nova Scotia domestic partnership

Canada: Quebec civil union'.

Jacqui Smith

Clause 206, page 99, line 24, at end insert 'and'.

Jacqui Smith

Clause 206, page 99, line 27, leave out from 'married' to end of line 30.

Jacqui Smith

Clause 208, page 100, line 14, leave out from 'if)' to 'one' in line 15 and insert ', at the time mentioned in section 207(2)—

(a)'.

Jacqui Smith

Clause 208, page 100, line 25, at end insert—

'( ) Nothing in this section prevents the exercise of any enforceable Community right.'.

Jacqui Smith

Clause 229, page 110, line 13, at end insert—

'( ) applying sections 227 and 228 and subsection (1) with modifications in relation to any country whose territories have different systems of law in force in matters of dissolution, annulment or legal separation;

( ) applying sections 227 and 228 with modifications in relation to—

(i) an overseas dissolution, annulment or legal separation in the case of an overseas relationship (or an apparent or alleged overseas relationship);

(ii) any case where a civil partner is domiciled in a country or territory whose law does not recognise legal relationships between two people of the same sex;'.