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House of Commons
Session 2006-07
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Thursday 25th January 2007

Public Bill Committee


      New Amendments handed in are marked thus *

      Other Amendments not tabled within the required notice period are marked thus 8

Pensions Bill


Note

The Amendments have been arranged in accordance with the Order of the Committee [23rd January].


Ms Sally Keeble

69

Clause 5, page 5, line 24, at end insert—

        ‘(aa) the amounts of the additional pension that different persons are entitled to receive;’.

Mr David Laws
Lorely Burt

28

Clause 5, page 5, line 26, at end insert ‘including those claimed by British citizens living abroad’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

1

Clause 5, page 5, leave out lines 32 to 38.

Mr David Laws
Lorely Burt

29

Clause 5, page 5, line 38, at end insert ‘; or by a percentage not less than the percentage by which the general level of prices is greater at the end of the period than it was at the beginning, whichever is the higher.’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster
Mr David Laws
Lorely Burt

2

Clause 5, page 5, leave out lines 39 to 41.

Mr David Laws
Lorely Burt

31

Clause 5, page 5, line 41, at end insert—

      ‘(3A) The general level of earnings shall be defined as the Average Earnings Index.

      (3B) The general level of prices shall be defined as the Retail Prices Index.’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

3

Clause 5, page 5, leave out lines 42 to 44.

Mr David Laws
Lorely Burt

32

Clause 5, page 6, line 10, leave out from ‘force’ to end of line 11 and insert ‘from 1st April 2008.’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

4

Clause 5, page 6, line 13, leave out from ‘shall’ to end of line 14 and insert ‘determine the general level of earnings as set out in subsections (8A) and (8B).

      (8A) If the average earnings index (including bonuses) for the whole economy for September in any year is higher than the index for the previous September, the Secretary of State shall as soon as practicable make an order in relation to each sum mentioned in subsection (1), increasing each sum, if the new index is higher, by the same percentage as the amount of the increase of the index.

      (8B) In making the calculation required by subsection (8A), the Secretary of State shall in the case of the sums set out in subsections (1)(a) to (1)(d) inclusive, round up the result to the nearest 10 pence.’.

Mr David Laws
Lorely Burt

33

Clause 5, page 6, line 14, leave out ‘he thinks fit’ and insert ‘may be approved by resolution of each House of Parliament’.

Mr David Laws
Lorely Burt

34

Clause 5, page 6, line 38, leave out from ‘the’ to ‘(with’ in line 39 and insert ‘tax year beginning 1st April 2008’.

Mr David Laws
Lorely Burt

35

Clause 5, page 6, line 43, leave out ‘1st April 2011’ and insert ‘the first 1st April after the first meeting of the next Parliament’.

Mr David Laws
Lorely Burt

36

Clause 5, page 6, line 44, leave out subsections (5) to (7).

Mr David Laws
Lorely Burt

76

Clause 5, page 6, line 46, leave out ‘the relevant dissolution date’ and insert ‘6th April 2013’.

Mr David Laws
Lorely Burt

77

Clause 5, page 7, line 1, leave out subsection (6).

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

5

Clause 5, page 7, line 3, at end insert—

      ‘(6A) The Secretary of State must, within six months of the beginning of the Parliament referred to in subsection (6), inform Parliament by means of an oral statement of the date at which the provision set out in this section could be afforded.’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

78

Clause 5, page 7, line 3, at end insert—

      ‘(6A) The Secretary if State must, on or before 5th April 2009, announce his decision as to the date from which he will implement the provision set out in this section.’.


James Purnell

88

* Clause 9, page 9, line 17, leave out ‘and section 44C below’.


Ms Sally Keeble

70

Clause 10, page 11, line 14, leave out ‘40’ and insert ‘45’.

Ms Sally Keeble

71

Clause 10, page 11, leave out lines 15 and 16.

Ms Sally Keeble

72

Clause 10, page 11, line 31, leave out ‘40’ and insert ‘45’.

Ms Sally Keeble

73

Clause 10, page 11, leave out lines 32 and 33.

Ms Sally Keeble

74

Clause 10, page 12, line 7, leave out ‘40’ and insert ‘45’.

Ms Sally Keeble

75

Clause 10, page 12, leave out lines 8 and 9.

Mr David Laws
Lorely Burt

64

Clause 10, page 12, line 15, at end add—

      ‘(7) The Secretary of State shall publish estimates, no later than 1st April 2008, of how many people he expects to receive less than £135 a week in Basic State Pension and Second State Pension combined in 2030 and 2050.’.


James Purnell

49

Clause 11, page 12, line 35, at end insert ‘and

        (c) Part 3 contains consequential and related amendments.’.


James Purnell

58

Schedule 2, page 38, line 13, at end add—

‘Part 3

Consequential and related amendments

    Social Security Contributions and Benefits Act 1992 (c. 4)

3 In section 39 of the SSCBA (rate of widowed mother’s allowance and widow’s pension) omit—

      (a) “and Schedule 4A” wherever occurring; and

      (b) subsection (3).

    4 (1) Section 39C of the SSCBA (rate of widowed parent’s allowance and bereavement allowance) is amended as follows.

    (2) In subsection (1) after “section 46(2)” insert “and (4)”.

    (3) In subsection (3) in each of paragraphs (a) and (b) for “sections” substitute “provisions”.

    5 (1) Section 44 of the SSCBA (Category A retirement pension) is amended as follows.

    (2) In subsection (5A) for “Schedule 4A” substitute “Schedules 4A and 4B”.

    (3) In subsection (6) for “Schedule 4A” substitute “Schedule 4A or 4B”.

6 In section 46 of the SSCBA (modification of section 45 for calculating the additional pension in certain benefits) after subsection (3) insert—

      “(4) For the purpose of determining the additional pension falling to be calculated under section 45 above by virtue of section 39C(1) above in a case where the deceased spouse or civil partner died under pensionable age, section 45 has effect subject to the following additional modifications—

        (a) the omission of subsection (2)(d), and

        (b) the omission in subsection (3A)(b) of the words ‘before the flat rate introduction year’.”

7 In section 48A of the SSCBA (rate of Category B retirement pension for married person or civil partner) in subsection (4) for “Schedule 4A” substitute “Schedules 4A and 4B”.

8 In section 48B of the SSCBA (Category B retirement pension for surviving spouse or civil partner) in subsection (2) for “Schedule 4A” substitute “Schedules 4A and 4B”.

9 In section 48BB of the SSCBA (Category B retirement pension: entitlement by reference to benefits under section 39A or 39B) in subsection (5)—

      (a) for “Schedule 4A” substitute “Schedules 4A and 4B”; and

      (b) for the words from “subject” to the end substitute “subject to section 46(3) above and to the following provisions of this section and the modification in section 48C(4) below.”

10 In section 48C of the SSCBA (Category B retirement pension: general) in subsection (4) for “Schedule 4A” substitute “Schedules 4A and 4B”.

11 In Schedule 4A to the SSCBA (additional pension) in paragraph 1(2) omit “39(1),”.

    Pension Schemes Act 1993 (c. 48)

12 In section 42 of the Pension Schemes Act 1993 (review and alteration of rates of contributions applicable under section 41) in subsection (1)(a)(ii) for “Schedule 4A” substitute “Schedules 4A and 4B”.’.


James Purnell

50

Clause 12, page 14, line 4, after ‘revoke’, insert ‘any provision of’.


James Purnell

57

Schedule 1, page 30, line 5, leave out paragraph 21.


James Purnell

51

Clause 15, page 18, line 36, at end insert—

James Purnell

52

Clause 15, page 18, line 43, at end insert—

      ‘ “protected rights provisions” means provisions contained in, or in subordinate legislation made under—

      (a) any of sections 26 to 33A of that Act, or

      (b) any other provision of that Act if and so far as the provisions relate to, or otherwise have effect in relation to, protected rights within the meaning of that Act (see section 10 of the Act).’.

James Purnell

53

Clause 15, page 18, line 44, leave out subsections (3) and (4) and insert—

      ‘(3) In Schedule 4—

        (a) Parts 1 and 2 contain amendments which are consequential on, or related to, the provision made by subsection (1), and

        (b) Part 3 contains savings relating to amendments made by Part 1.’.

James Purnell

54

Clause 15, page 19, line 8, leave out ‘this section and that Schedule’ and insert ‘subsection (1) and Schedule 4 or any amendment, repeal or revocation of any protected rights provisions by virtue of subsection (1A).’.

James Purnell

55

Clause 15, page 19, line 9, leave out subsections (7) to (9) and insert—

      ‘(7) Regulations under subsection (6) may in particular amend, repeal or revoke any provision of any Act or subordinate legislation (whenever passed or made).

      (8) No regulations which amend or repeal any provision of an Act may be made under this section unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.

      (9) A statutory instrument containing regulations under this section that do not fall within subsection (8) is subject to annulment in pursuance of a resolution of either House of Parliament.’.

Mr David Laws
Lorely Burt

37

Clause 15, page 19, line 16, at end add—

      ‘(10) The Secretary of State must lay before Parliament no later than 31st December 2007 a report setting out how additional revenues from increasing National Insurance Contributions collected from abolishing contracting-out will be used to improve pension provision.’.


Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

6

Schedule 4, page 43, line 11, leave out paragraph 8.

James Purnell

59

Schedule 4, page 43, line 11, leave out ‘(identification and valuation of protected rights)’ and insert ‘(persons who may establish scheme)’.


Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

81

Clause 18, page 20, line 31, leave out subsection (2).


Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

8

Schedule 6, page 55, line 1, after ‘a’, insert ‘lay’.

Mr David Laws
Lorely Burt

41

Schedule 6, page 55, line 1, leave out ‘chairman’ and insert ‘lay chair who is not perceived to have a conflict of interest with regard to the financial services industry, but is there to represent the views and look after the interests of scheme members and prospective scheme members,’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

9

Schedule 6, page 55, line 2, after ‘members’, insert ‘(of which two shall be appointed to represent the interests of consumers)’.

Mr David Laws
Lorely Burt

42

Schedule 6, page 55, line 2, after ‘ members’, insert ‘, of which at least two out of nine members will be non-executive consumer directors who represent scheme members and prospective scheme members and are recognised professionally by consumer groups,’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster
Mr David Laws
Lorely Burt

10

Schedule 6, page 55, line 3, leave out ‘or (3)’ and insert ‘, (3) or (3A)’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

11

Schedule 6, page 55, line 8, at end insert—

      ‘(3A) Before appointing, or approving the appointment of, any member representing the interests of consumers for the purposes of sub-paragraph (1)(b), the Secretary of State must consult such organisations as appear to him to represent the interests of consumers.’.

Mr David Laws
Lorely Burt

44

Schedule 6, page 55, line 8, at end insert—

      ‘(3A) Any consumer appointments for the purposes of sub-sub-paragraph (1)(b) must be discussed with consumer groups prior to appointment and the said consumer groups will have the right to comment on the said appointments.’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

12

Schedule 6, page 55, line 11, at end insert—

‘1A Before appointing any member of the Authority under sub-paragraph 1(1) the Secretary of State must—

      (a) conduct and open recruitment competition inviting applications from individuals with extensive knowledge, experience and expertise in the fields of pensions or financial marketing or both;

      (b) consult organisations which appear to him to represent key groups of stakeholders;

      (c) have regard to the desirability of appointing a group of members whose expertise collectively spans all aspects of occupational and personal pension provision and financial marketing.’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

13

Schedule 6, page 55, line 11, at end insert—

‘1A In appointing members the Secretary of State shall have regard to the desirability of recruiting a group of members so that there is a balance as the Secretary of State considers appropriate between—

      (a) members with knowledge and experience of consumers’ pension needs;

      (b) members with knowledge and experience of employers’ involvement in pensions;

      (c) members with knowledge and experience of pensions from the pension providers;

      (d) members with knowledge and experience of pensions from the relevant regulators.’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

15

Schedule 6, page 55, line 30, leave out ‘or other’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

82

Schedule 6, page 56, line 26, leave out sub-paragraph (2).

Mr David Laws
Lorely Burt

45

Schedule 6, page 59, line 7, at end insert—

      ‘(2) The Authority shall establish a committee for the purpose of representing scheme member and prospective scheme member interests, which shall be chaired by a consumer representative.’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

16

Schedule 6, page 59, line 13, leave out from ‘contain’ to ‘of’ in line 14 and insert ‘a majority of persons who are either members or employees’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

17

Schedule 6, page 59, line 18, leave out paragraph 10.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

14

Schedule 6, page 59, line 20, at end insert—

    ‘10A (1) The Authority must establish a committee for the purpose of representing the interests of scheme members and prospective scheme members.

    (2) The chairman of the committee must be a consumer representative appointed under paragraphs 1(1)(b) and 1(3A).’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

18

Schedule 6, page 62, line 28, at end insert—

‘18A Such grants shall be classified as—

      (a) policy grants; or

      (b) operational grants.

    18B (1) Policy grants shall be used in support of the Authority’s work on advising on preparing for the implementation of, or the modification of, any relevant proposals about personal accounts.

    (2) Policy grants shall not be made more than two years after the commencement of this Act.

18C Operational grants shall be used in support of the Authority’s work in preparing for the implementation of proposals for personal accounts.’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

19

Schedule 6, page 62, line 34, at end insert—

    ‘(2A) A statement under sub-paragraph (1)(b) must show separately the purposes to which policy grants and operational grants have been applied.

    (2B) A statement under sub-paragraph (1)(b) must show the interest charges that would have accrued on the operational grants if they had been loans taken out at commercial rates of interest.’.


Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

83

Clause 19, page 20, line 35, leave out ‘appropriate’ and insert ‘strictly necessary’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

84

Clause 19, page 21, line 2, leave out from ‘State’ to ‘which’ in line 3.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

85

Clause 19, page 21, line 5, leave out ‘pensions’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

20

Clause 19, page 21, line 11, at end insert—

      ‘(2A) It shall be the duty of the Authority to carry out their functions under subsection (1) in such manner as—

        (a) appears to them to ensure, so far as they are facilitating the implementation of any such proposals, that there is effective co-operation in relation to the implementation of the proposals between themselves, the Pensions Regulator, the Financial Services Authority and the Secretary of State; and

        (b) does not interfere with the existing provision of personal or occupational schemes.’.

Mr David Laws
Lorely Burt

40

Clause 19, page 21, line 11, at end insert—

      ‘(2A) In discharging its functions under this Part, the Authority shall publish a report on how it can ensure that individuals who have money invested in Personal Accounts and those considering doing so in future will have access to generic financial advice.’.

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

86

Clause 19, page 21, line 26, leave out subsection (5).

Mr Nigel Waterson
Andrew Selous
Mr Mark Lancaster

21

Clause 19, page 21, line 27, at end insert—

      ‘(5A) In discharging its function under this section, the Authority shall ensure that its actions and advice support the following objectives for the scheme—

        (a) ensuring that the overall outcome, taking account of the impact on the existing market, is an increase in the number of people saving and the overall amount being saved;

        (b) optimising levels of participation and contribution among the target group;

        (c) setting an investment strategy in the best interests of members;

        (d) minimising burdens on employers;

        (e) minimising the impact on other high-quality pension provision;

        (f) assuring security of administration;

        (g) governing in the best interests of members and beneficiaries;

        (h) ensuring that the board acts impartially, prudently, responsibly and honestly;

        (i) delivering appropriate levels of choice;

        (j) achieving charges that are fair and reasonable;

        (k) ensuring the funds are invested in the best interests of the members.

      (5B) Her Majesty may from time to time by Order in Council make provision for amending the objectives set out in subsection (5A).

      (5C) No recommendation shall be made to Her Majesty to make an Order in Council under subsection (5B) above unless a draft of the Order has been approved by resolution of each House of Parliament.’.

 
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Prepared: 25 January 2007