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Pensions Bill


Pensions Bill
Schedule 6 — The Personal Accounts Delivery Authority
Part 2 — Proceedings etc.

61

 

another person for the purposes of sub-paragraph (5) as it applies for

determining whether a person is connected with a director of a company.

      (7)  

A notification for the purposes of sub-paragraph (5) remains in force until it

is withdrawn.

      (8)  

For the purposes of sub-paragraph (5) each of the following is a “relevant

5

meeting”—

(a)   

a meeting of the Authority,

(b)   

a meeting of the chairman and other non-executive members,

(c)   

a meeting of a committee,

(d)   

a meeting of a sub-committee,

10

           

and a relevant meeting is of the same type as another relevant meeting if

both meetings are relevant meetings by virtue of falling within the same

paragraph of this sub-paragraph.

      (9)  

A person required to make a declaration for the purposes of this paragraph

in relation to any meeting—

15

(a)   

is not required to attend the meeting, but

(b)   

is to be taken to have complied with the requirements of this

paragraph if he takes reasonable steps to secure that notice of his

interest is read out at, and taken into consideration at, the meeting.

     (10)  

For the purposes of this paragraph a person is not to be taken to have an

20

interest in any matter by reason only—

(a)   

that he is or has previously been engaged, on behalf of the relevant

authority, in activities connected with the discharge of the

authority’s functions relating to occupational pension schemes or

personal pension schemes, or

25

(b)   

that he has previously been a trustee or manager of such a scheme or

an employee of such a trustee or manager.

Delegation

14         

The Authority may delegate any function conferred on it to—

(a)   

a member,

30

(b)   

an employee, or

(c)   

a committee.

Validity of proceedings

15    (1)  

The validity of proceedings of the Authority, the chairman and other non-

executive members, a committee or a sub-committee is not affected by—

35

(a)   

a vacancy among the members of the Authority or, as the case may

be, the committee or sub-committee,

(b)   

a defect in the appointment of a person as chairman, deputy

chairman or any other member, or

(c)   

a failure to comply with a requirement which is a requirement as to

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procedure by virtue of paragraph 11.

      (2)  

Sub-paragraph (1)(c) does not validate any proceedings of a meeting which

is inquorate for a reason not within sub-paragraph (1)(a) or (b).

 

 

Pensions Bill
Schedule 6 — The Personal Accounts Delivery Authority
Part 3 — Money

62

 

Authentication of the Authority’s seal

16    (1)  

The application of the Authority’s seal must be authenticated by the

signature of—

(a)   

the chairman or another member, or

(b)   

any other person authorised by the Authority (whether generally or

5

specially) for the purpose.

      (2)  

A document purporting to be duly executed under the seal of the Authority,

or to be signed on behalf of the Authority, is to be received in evidence and,

except to the extent that the contrary is shown, taken to be duly so executed

or signed.

10

      (3)  

This paragraph does not apply to Scotland.

Annual report

17    (1)  

As soon as is reasonably practicable after the end of each financial year, the

Authority must send to the Secretary of State a report on the exercise of the

Authority’s functions during that year.

15

      (2)  

A report under this paragraph must include—

(a)   

a report on the Authority’s proceedings during that year, and

(b)   

such information relating to the financial position of the Authority,

and to any other matters that he thinks appropriate, as the Secretary

of State may direct.

20

      (3)  

The Secretary of State must lay before Parliament a copy of each report

received by him under this paragraph.

Part 3

Money

Grants

25

18         

The Secretary of State may, with the consent of the Treasury, make grants to the

Authority of such sums as he thinks fit for the purpose of enabling the Authority to

incur or meet liabilities in respect of capital and revenue expenditure.

Accounts

19    (1)  

The Authority must—

30

(a)   

keep proper accounting records, and

(b)   

prepare a statement of accounts in respect of each financial year.

      (2)  

A statement under sub-paragraph (1)(b) must be prepared by the Authority

in such form as the Secretary of State may direct.

      (3)  

The Authority must send a copy of a statement under sub-paragraph

35

(1)(b)—

(a)   

to the Secretary of State, and

(b)   

to the Comptroller and Auditor General.

 

 

Pensions Bill
Schedule 6 — The Personal Accounts Delivery Authority
Part 4 — Supplementary

63

 

      (4)  

A copy of a statement must be sent under sub-paragraph (3) within such

period, beginning with the end of the financial year to which the statement

relates, as the Secretary of State may direct.

      (5)  

The Comptroller and Auditor General must—

(a)   

examine, certify and report on a statement received under this

5

paragraph, and

(b)   

lay a copy of the statement and of his report before Parliament.

Part 4

Supplementary

Disqualification

10

20         

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975

(c. 24) (bodies of which all members are disqualified) insert at the

appropriate place—

“The Personal Accounts Delivery Authority.”

21         

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

15

Act 1975 (c. 25) (bodies of which all members are disqualified) insert at the

appropriate place—

“The Personal Accounts Delivery Authority.”

Records and freedom of information

22         

In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public

20

records) in paragraph 3, insert at the appropriate place in Part 2 of the Table

(other establishments and organisations)—

“Personal Accounts Delivery Authority”.

23         

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public

authorities: miscellaneous) insert at the appropriate place—

25

“The Personal Accounts Delivery Authority”.

Interpretation

24    (1)  

In this Schedule—

“financial year” means—

(a)   

the period beginning with the day on which this Act is passed

30

and ending with the following 31st March; and

(b)   

every subsequent period of 12 months ending with 31st

March;

“non-executive member”, in relation to the Authority, means a member

of the Authority who is not an executive member;

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“occupational pension scheme” and “personal pension scheme”—

(a)   

in relation to England and Wales or Scotland, have the same

meanings as in the Pension Schemes Act 1993 (c. 48) (see

section 1 of that Act);

(b)   

in relation to Northern Ireland, have the same meanings as in

40

the Pension Schemes (Northern Ireland) Act 1993 (c. 49) (see

section 1 of that Act);

“the relevant authority” means—

 

 

Pensions Bill
Schedule 6 — The Personal Accounts Delivery Authority
Part 4 — Supplementary

64

 

(a)   

in relation to England and Wales or Scotland, the Secretary of

State, or

(b)   

in relation to Northern Ireland, the Department for Social

Development in Northern Ireland;

“trustee or manager”—

5

(a)   

in relation to England and Wales or Scotland, is to be

construed in accordance with section 178 of the Pension

Schemes Act 1993 (c. 48) (trustees and managers of schemes:

interpretation);

(b)   

in relation to Northern Ireland, is to be construed in

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accordance with section 173 of the Pension Schemes

(Northern Ireland) Act 1993 (c. 49) (trustees or managers of

schemes).

      (2)  

In this Schedule references to the relevant authority’s functions relating to

occupational pension schemes or personal pension schemes include such

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functions conferred at any time after the passing of this Act.

 

 

 
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Revised 29 November 2006