'of how he has complied, or is complying, with the notice.'.
[Mr. Heppell.]
18 May 2004 : Column 927
Clause 20
Freezing Orders
Amendments made: No. 69, in page 13, line 9, leave out sub-paragraph (ii) and insert
'(ii) no other steps or no specified other steps are to be taken to discharge any liability of the scheme to or in respect of a member of the scheme in respect of pensions or other benefits;'.
No. 70, in page 13, line 18, at end insert
'(h) a direction that
(i) no refunds of, or no specified refunds of, or in respect of, contributions paid by or in respect of a member under the scheme are to be made from the scheme, or
(ii) refunds or specified refunds of, or in respect of, contributions paid by or in respect of a member under the scheme may only be made from the scheme if they are determined in a specified manner and satisfy such other conditions as may be specified.'.
No. 71, in page 13, line 29, at end insert
'(6A) A direction under subsection (4)(f) may, in particular, provide that transfers or specified transfers of, or transfer payments or specified transfer payments in respect of, any member's rights under the scheme may not be made from the scheme unless the amounts paid out from the scheme in respect of the transfers or transfer payments are determined in a specified manner and the transfer or transfer payments satisfy such other conditions as may be specified.
(6B) For the purposes of subsections (4)(f) and (6A), the references to transfer payments in respect of a member's rights under the scheme include cash transfer sums within the meaning of Chapter 5 of Part 4 of the Pension Schemes Act 1993 (c. 48) (early leavers: cash transfer sums and contribution refunds).'.
[Mr. Heppell.]
Clause 21
Consequences of Freezing Order
Amendment made: No. 72, in page 14, line 43, leave out subsection (7) and insert
'(7) Regulations may modify any provisions of
(a) Chapter 4 of Part 4 of the Pension Schemes Act 1993 (c. 48) (protection for early leavers: transfer values), or
(b) Chapter 5 of that Part (protection for early leavers: cash transfer sums and contribution refunds),
in their application to an occupational pension scheme in relation to which a freezing order is made containing a direction under section 20(4)(f) or (h) (no transfers of, or transfer payments in respect of, member's rights or refunds of contributions etc from the scheme).'.
[Mr. Heppell.]
Clause 32
Appointments by regulator
Amendment made: No. 73, in page 20, line 8, leave out 'Regulator' and insert 'Authority'.
[Mr. Heppell.]
Clause 35
Contribution Notices Where Avoidance of Employer Debt
Amendments made: No. 74, in page 23, line 43, leave out from second 'occurred' to end of line 44 and insert'
(i) on or after 11th June 2003, and
18 May 2004 : Column 928
(ii) before any assumption of responsibility for the scheme by the Board under Chapter 3 of Part 2.'.
No. 75, in page 24, line 8, leave out
'issuing of the contribution notice'
and insert
'determination by the Regulator to exercise the power to issue the contribution notice in question'.
[Mr. Heppell.]
Clause 48
Register of Occupational and Personal Pension Schemes
Amendment made: No. 76, in page 34, line 10, leave out paragraph (a).
[Mr. Heppell.]
Clause 58
Duty to notify the Regulator of certain events
Amendment made: No. 77, in page 40, line 30, leave out from first 'section' to end of line 31 and insert
"eligible scheme" has the same meaning as in Part 2 (see section 113), and
"event" includes a failure to act.'.
[Mr. Heppell.]
Clause 62
Inspection of Premises
Amendments made: No. 78, in page 43, line 5, at end insert
'section 227 (no indemnification for fines or civil penalties);'.
No. 79, in page 43, line 5, at end insert
'sections 230 and 232 (consultation by employers);'.
No. 213, in page 43, line 5, at end insert
'section (UK-based occupational pension scheme to be trust with effective rules);'.
No. 214, in page 43, line 5, at end insert
'section (Non-EC occupational pension scheme to be trust with UK-resident trustee);'.
No. 215, in page 43, line 5, at end insert
'section (Activities of occupational pension schemes);'.
[Mr. Heppell.]
Clause 63
Inspection of premises in respect of Employers' Obligations
Amendments made: No. 80, in page 44, line 28, at end insert
'any of the following provisions'.
No. 81, in page 44, line 28, at end insert
'( ) regulations made by virtue of sections 231 and 232 (consultation by employers),'.
No. 82, in page 44, line 31, leave out 'provision' and insert 'provisions'.[Mr. Heppell.]
Clause 66
Penalties relating to sections 61 To 64
Amendment made: No. 83, in page 47, line 1, leave out from 'required' to 'is' and insert