---

Amendment, by leave, withdrawn.

6 pm

Amendments made: No. 138, in page 497, line 4, leave out from beginning to end of line 8 and insert—

'(a)   the pension scheme is a protected pension scheme, and

(b)   the retirement condition is met in relation to the member and the pension scheme.

(1A)   A pension scheme is a protected pension scheme if condition A or condition B is met.

(1B)   Condition A is met if—

(a)   the pension scheme was within any of paragraphs (a) to (e) of paragraph 1(1), and

(b)   the entitlement condition is met in relation to the member and the pension scheme.

(1C)   The entitlement condition is met in relation to the member and the pension scheme if—'.

No. 139, in page 497, line 16, leave out from beginning to 'and' in line 18 and insert—

'(3)   Condition B is met if the member is a member of the pension scheme as a result of a block transfer to it from a pension scheme ("the original pension scheme") in relation to which condition A is met.

(3A)   A transfer is a block transfer if—

(a)   it involves the transfer in a single transaction of all the sums and assets held for the purposes of, or representing accrued rights under, the arrangements under the pension scheme from which the transfer is made which relate to the member and at least one other member of that pension scheme, and

 
7 Jul 2004 : Column 935
 

(b)   before the transfer the member was not a member of the pension scheme to which the transfer is made.

(3B)   The retirement condition is met in relation to the member and the pension scheme if—

(a)   the member becomes entitled to all the pensions payable to the member under arrangements under the pension scheme (to which the member did not have an actual entitlement on or before 5th April 2006) on the same date,'.

No. 140, in page 497, line 22, leave out 'pension scheme' and insert

'protected pension scheme on 5th April 2006 (or, where condition B is met, under the original pension scheme on that date).'.

No. 141, in page 497, line 27, leave out from beginning to end of line 34 and insert—

'(a)   the pension scheme is a protected pension scheme, and

(b)   the retirement condition is met in relation to the member and the pension scheme.

(1A)   A pension scheme is a protected pension scheme if condition A or condition B is met.

(1B)   Condition A is met if—

(a)   the pension scheme was within paragraph (f) or (g) of paragraph 1(1), and

(b)   the entitlement condition is met in relation to the member and the pension scheme.

(1C)   The entitlement condition is met in relation to the member and the pension scheme if—'.

No. 142, in page 497, line 40, leave out sub-paragraph (3) and insert—

'(3)   Condition B is met if the member is a member of the pension scheme as a result of a block transfer to it from a pension scheme ("the original pension scheme") in relation to which condition A is met.

(3A)   "Block transfer" has the same meaning as in paragraph 22(3A).

(3B)   The retirement condition is met in relation to the member and the pension scheme if the member becomes entitled to all the pensions payable to the member under arrangements under the pension scheme (to which the member did not have an actual entitlement on or before 5th April 2006) on the same date.'.

No. 143, in page 497, line 43, leave out 'pension scheme' and insert

'protected pension scheme on 5th April 2006 (or, where condition B is met, under the original pension scheme on that date).'.

No. 144, in page 502, line 20, leave out from beginning to end of line 26 and insert—

'(1)   If the pension condition is met in relation to an individual and a registered pension scheme which is a protected pension scheme, the provisions of Schedule 29 relating to pension commencement lump sums apply in relation to the individual and the pension scheme with the modifications specified in paragraph 35 (but subject to sub-paragraph (2)).

(2)   Those provisions do not apply with those modifications if the lump sum condition and registration condition in paragraph 24 are met.

(3)   The pension condition is that the individual becomes entitled to all the pensions payable to the individual under arrangements under the pension scheme (to which the individual did not have an actual entitlement on or before 5th April 2006) on the same date.

 
7 Jul 2004 : Column 936
 

(3A)   A registered pension scheme is a protected pension scheme if condition A or condition B is met.

(3B)   Condition A is met if—

(a)   the pension scheme was within any of paragraphs (a) to (e) of paragraph 1(1), and

(b)   on 5th April 2006 the lump sum percentage of the individual's uncrystallised rights under the pension scheme exceeded 25%.'.

No. 145, in page 502, line 28, leave out 'relevant pension scheme' and insert

'pension scheme on 5th April 2006'.

No. 146, in page 502, line 36, at end insert—

'(4A)   Condition B is met if the individual is a member of the pension scheme as a result of a block transfer to it from a pension scheme ("the original pension scheme") in relation to which condition A is met.

(4B)   "Block transfer" has the same meaning as in paragraph 22(3A), but treating the references there to the member as references to the individual.

(4C)   Where a pension scheme is a protected pension scheme because condition B is met, Schedule 29 as modified by paragraph 35 applies as if the protected pension scheme were the same pension scheme as the original pension scheme.'.

No. 147, in page 504, line 42, leave out paragraph 34.

---