pbc120102.13-17

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

13

House of Commons

Thursday 1st February 2007

Public Bill Committee Proceedings

Pensions Bill

[seventh and eighth sittings]

Clause 14 Agreed to.

James Purnell

Agreed to  51

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

‘(1A)
The Secretary of State may (whether before, or on or after, the abolition date) by

regulations amend, repeal or revoke any protected rights provisions.’.

James Purnell

Agreed to  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

Agreed to  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

Agreed to  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).’.

Public Bill Committee Proceedings: 1st February 2007
14

Pensions Bill, continued

James Purnell

Agreed to  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

Withdrawn  37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.’.

Clause, as amended, Agreed to.

Mr Nigel Waterson

Andrew Selous

Mr Mark Lancaster

Not called  6

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

James Purnell

Agreed to  59

Schedule  4,  page  43,  line  11,  leave out ‘(identification and valuation of protected

rights)’ and insert ‘(persons who may establish scheme)’.

Schedule, as amended, Agreed to.

Mr Nigel Waterson

Andrew Selous

Mr Mark Lancaster

Mark Pritchard

John Penrose

Mr David Laws

Withdrawn  89

Clause  16,  page  19,  line  36,  at end insert—

‘(4B)
Upon becoming aware of a matter of dispute, the specified person, or trustees or

managers if appropriate, should acknowledge receipt and advise the person or

persons with an interest in the scheme, in writing, of the existence of the Pensions

Public Bill Committee Proceedings: 1st February 2007
15

Pensions Bill, continued

Advisory Service and the assistance it can provide in relation to the dispute

resolution.’.

Clause Agreed to.

Clause 17 Agreed to.

Schedule 5 Agreed to.

Mr Nigel Waterson

Andrew Selous

Mr Mark Lancaster

Withdrawn  81

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

Clause Agreed to.

Mr Nigel Waterson

Andrew Selous

Mr Mark Lancaster

Not called  8

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

Mr David Laws

Lorely Burt

Not called  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

Not called  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

Not called  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,’.

Public Bill Committee Proceedings: 1st February 2007
16

Pensions Bill, continued

Mr Nigel Waterson

Andrew Selous

Mr Mark Lancaster

Mr David Laws

Lorely Burt

Not called  10

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

Mr Nigel Waterson

Andrew Selous

Mr Mark Lancaster

Not called  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

Not called  44

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

‘(3A)
Any consumer appointments for the purposes of 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

Not called  12

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

‘1A
Before appointing any member of the Authority under 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

Not called  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;

Public Bill Committee Proceedings: 1st February 2007
17

Pensions Bill, continued

(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

Not called  15

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

Mr Nigel Waterson

Andrew Selous

Mr Mark Lancaster

Not called  82

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

Mr David Laws

Lorely Burt

Not called  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.’.

[Adjourned till Tuesday next at 10.30 a.m.