House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

327

House of Commons

Tuesday 19th February 2008

Public Bill Committee

New Amendments handed in are marked thus

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

Pensions Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [15th January].

Mr Mike O’Brien

164

Clause  83,  page  39,  line  28,  after first ‘order’, insert ‘or provision’.

Member’s explanatory statement

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Mr Mike O’Brien

165

Clause  83,  page  39,  line  28,  at end insert ‘, or provision contained in a qualifying

agreement,’.

Member’s explanatory statement

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Mr Mike O’Brien

166

Clause  83,  page  39,  line  30,  after ‘order’ insert ‘or provision’.

Member’s explanatory statement

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Mr Mike O’Brien

167

Clause  83,  page  39,  line  31,  after ‘order’ insert ‘or provision’.

Member’s explanatory statement

Public Bill Committee: 19th February 2008
328

Pensions Bill, continued

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Mr Mike O’Brien

168

Clause  83,  page  39,  line  33,  at end insert ‘or provision’.

Member’s explanatory statement

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Mr Mike O’Brien

169

Clause  84,  page  40,  line  10,  at end add—

‘(f)
a pension compensation sharing order under section 8 of the Family Law

(Scotland) Act 1985 (c. 37) (orders for financial provision);

(g)
any provision corresponding to provision which may be made by such an

order, and which—

(i)
is contained in a qualifying agreement between the parties to a

marriage or the partners in a civil partnership,

(ii)
is in such form as the Secretary of State may prescribe by

regulations, and

(iii)
takes effect on the grant, in relation to the marriage, of decree of

divorce or a declarator or nullity or (as the case may be) on the

grant, in relation to the civil partnership, of decree of dissolution

or of declarator of nullity,


except where the provision relates to the same rights to PPF

compensation as are the subject of an order made under section 12B(2)

of the Family Law (Scotland) Act 1985 (c. 37) (order for payment of

capital sum: pension compensation).

(2)
For the purposes of this Chapter, a qualifying agreement is an agreement which—

(a)
has been entered into in such circumstances as the Secretary of State may

prescribe by regulations, and

(b)
is registered in the Books of Council and Session.’.

Member’s explanatory statement

This clause sets out sets out the possible orders a court could make which would trigger the new

pension compensation sharing scheme. The amendment extends the scheme to Scotland by adding

references to the Family Law (Scotland) Act 1985 and to provision in qualifying agreements.

Mr Mike O’Brien

170

Clause  85,  page  40,  line  18,  after ‘order’ insert ‘or provision’.

Member’s explanatory statement

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Public Bill Committee: 19th February 2008
329

Pensions Bill, continued

Mr Mike O’Brien

171

Clause  87,  page  41,  line  6,  after ‘order’ insert ‘or provision’.

Member’s explanatory statement

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

Miss Julie Kirkbride

Mr John Greenway

7

Clause  89,  page  41,  line  17,  leave out ‘4 months’ and insert ‘2 months.’.

Mr Mike O’Brien

172

Clause  89,  page  41,  line  24,  after ‘order’ insert ‘or provision’.

Member’s explanatory statement

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

Miss Julie Kirkbride

Mr John Greenway

8

Clause  90,  page  41,  line  39,  at end insert ‘and transferor.’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

Miss Julie Kirkbride

Mr John Greenway

9

Clause  90,  page  42,  line  12,  leave out subsection (8).

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

Miss Julie Kirkbride

Mr John Greenway

10

Clause  91,  page  42,  line  24,  leave out paragraph (a).

Public Bill Committee: 19th February 2008
330

Pensions Bill, continued

Mr Mike O’Brien

173

Clause  91,  page  42,  line  32,  after ‘order’ insert ‘or provision’.

Member’s explanatory statement

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Mr Mike O’Brien

174

Clause  91,  page  42,  line  32,  after ‘provision’ insert ‘(“provision for

apportionment”)’.

Member’s explanatory statement

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Mr Mike O’Brien

175

Clause  91,  page  42,  line  34,  at end insert ‘for apportionment’.

Member’s explanatory statement

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Mr Mike O’Brien

176

Clause  91,  page  42,  line  35,  after ‘order’ insert ‘or provision’.

Member’s explanatory statement

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Mr Mike O’Brien

177

Clause  91,  page  42,  line  35,  leave out ‘such provision’ and insert ‘provision for

apportionment’.

Member’s explanatory statement

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Mr Mike O’Brien

178

Clause  91,  page  42,  line  39,  at end insert ‘or provision’.

Member’s explanatory statement

This amendment is consequential on the amendment to clause 84 which adds a reference to

provision contained in a qualifying agreement.

Mr Mike O’Brien

179

Clause  92,  page  43,  line  10,  at end insert—

‘(iv)
orders for financial provision under section 8 of the Family Law

(Scotland) Act 1985 (c. 37) (orders for financial provision);

Public Bill Committee: 19th February 2008
331

Pensions Bill, continued

(v)
provision as to pension sharing, or pension compensation

sharing, that is contained in an agreement that is a qualifying

agreement for the purposes of section 28(1)(b) and (c) of the

Welfare Reform and Pensions Act 1999 (c. 30) (activation of

pension sharing) or this Chapter.’.

Member’s explanatory statement

This amendment extends the power of the Secretary of State to make regulations requiring

information to be supplied by the Board of the Pension Protection Fund to Scotland, by reference

to orders for financial provision made under the Family Law (Scotland) Act 1985 and provision in

qualifying agreements.

Mr Mike O’Brien

180

Clause  94,  page  43,  line  31,  leave out ‘has’ and insert ‘and Schedule [Pension

compensation on divorce etc: Scotland] (which amends in relation to pension

compensation sharing orders similar legislation applying in Scotland) have’.

Member’s explanatory statement

The purpose of this amendment is to give effect to new Schedule [Pension compensation on

Divorce etc: Scotland].

Mr Mike O’Brien

189

Schedule  8,  page  87,  line  33,  at end insert—

‘Part 2A

Financial assistance scheme

Title
Extent of repeal

Pensions Act 2004 (c. 35)
In section 286(2) the definition of “scheme’s pension

liabilities” and the words from “and a qualifying

pension scheme” to the end.’.

Member’s explanatory statement

This amendment relates to a repeal made by NC20.

Mr Mike O’Brien

181

Schedule  8,  page  87,  line  40,  at end insert—

‘Family Law (Scotland) Act 1985 (c. 37)
Section 8(4A).’

Member’s explanatory statement

The amendment is a repeal made in the new Schedule [Pension compensation on Divorce etc:

Scotland].

Public Bill Committee: 19th February 2008
332

Pensions Bill, continued

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

Mr John Greenway

Miss Julie Kirkbride

137

Schedule  8,  page  88,  line  16,  at end add—

‘Part 5

Removal of annuity protection lumpsum death benefit

Citation
Extent of repeal

Finance Act 2004 (c.12)
In Schedule 29 paragraph 16(1)(a).’.

Member’s explanatory statement

This amendment intends to repeal the qualifying age limit of 75 upon a member’s death in defining

an annuity protection lump sum death benefit.

Mr Mike O’Brien

190

Schedule  8,  page  88,  line  16,  at end insert—

‘Pensions Act 1995 (c. 26)
In section 7(3), at the end of paragraph (b), the word

“or”.’.

Member’s explanatory statement

This amendment, which relates to NC23, is consequential on the addition of a further paragraph

to section 7(3) of the Pensions Act 1995.

Mr Mike O’Brien

187

Clause  109,  page  48,  line  12,  leave out ‘61’ and insert ‘60’.

Member’s explanatory statement

This amendment provides for definitions applying for the purposes of clauses 50 to 56 (power to

provide for a pension scheme) to come into force with those clauses on Royal Assent.

Mr Mike O’Brien

191

Clause  109,  page  48,  line  13,   at end insert—

‘(ca)
section [Appointment of trustees];’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 192.

Mr Mike O’Brien

188

Clause  109,  page  48,  line  14,  at end insert ‘and Schedule 8’.

Member’s explanatory statement

This amendment corrects an omission. It provides for Schedule 8 (repeals), like clause 108 which

introduces it, to be brought into force by commencement order under clause 109(1).

Public Bill Committee: 19th February 2008
333

Pensions Bill, continued

Mr Mike O’Brien

192

Clause  109,  page  48,  line  14,  at end insert—

‘(3A)
Section [Appointment of trustees] comes into force at the end of the period of 2

months beginning with the day on which this Act is passed.’.

Member’s explanatory statement

This and amendment 191 mean that NC23 comes into force 2 months after Royal Assent.

NEW CLAUSES

Workers without qualifying earnings

Mr Mike O’Brien

NC8

To move the following Clause:—

‘(1)
This section applies to a worker—

(a)
to whom paragraphs (a) and (b) of section 1(1) apply (working in Great

Britain and aged between 16 and 75),

(b)
to whom paragraph (c) of section 1(1) does not apply (qualifying

earnings), and

(c)
who is not an active member of a pension scheme that satisfies the

requirements of this section.

(2)
The worker may by notice require the employer to arrange for the worker to

become an active member of a pension scheme that satisfies the requirements of

this section.

(3)
The Secretary of State may by regulations make provision—

(a)
about the form and content of the notice;

(b)
about the arrangements that the employer is required to make;

(c)
for determining the date with effect from which the worker is (subject to

compliance with any requirements of the scheme rules) to become an

active member under the arrangements.

(4)
Subsections (5) and (6) apply where a worker becomes an active member of a

pension scheme in pursuance of a notice under this section and, within the period

of 12 months beginning with the day on which that notice was given—

(a)
ceases to be an active member of that scheme because of any action or

omission by the worker, and

(b)
gives the employer a further notice under this section.

(5)
The further notice does not have effect to require the employer to arrange for the

worker to become an active member of a pension scheme.

(6)
But any arrangements the employer makes for the worker to become, within that

period, an active member of a pension scheme that satisfies the requirements of

this section must be made in accordance with regulations under this section.

(7)
A pension scheme satisfies the requirements of this section if—

(a)
it is an occupational pension scheme or a personal pension scheme,

(b)
it is registered under Chapter 2 of Part 4 of the Finance Act 2004 (c. 12),

and

(c)
in the case of a personal pension scheme, there are, in relation to the

worker concerned, direct payment arrangements (within the meaning of