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| Tuesday 22nd January 2008 |
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| New Amendments handed in are marked thus  |
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| Other Amendments not tabled within the required notice period are marked thus  |
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [15th January]. |
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| Clause 1, page 1, line 9, leave out ‘and under 75’. |
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| Clause 2, page 2, line 4, after ‘jobholder’ insert ‘, without ceasing to be employed |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to ensure that an employer's ability to terminate employment is |
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| | not fettered by the continuing duty to maintain qualifying scheme membership. |
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| Clause 2, page 2, line 4, leave out ‘, or make any omission,’. |
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| Clause 3, page 2, line 18, leave out from ‘reached’ to end of line and insert ‘the age |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to ensure that everybody who is automatically enrolled into the |
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| | personal accounts system will benefit financially. |
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| Clause 3, page 2, line 27, leave out subsection (5) and insert— |
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| | ‘( ) | Subsection (2) does not apply if there are prescribed arrangements under which |
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| | the jobholder is entitled to become an active member, with effect from the |
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| | automatic enrolment date, of a qualifying scheme which is a personal pension |
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| | scheme of a prescribed description. |
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| | ( ) | An order will be made under this section to prescribe the terms under which it is |
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| | applicable, and the basis on which its application may be withdrawn with respect |
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| | to specific scheme providers or employers.’. |
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| Clause 3, page 2, line 27, leave out ‘may’ and insert ‘shall within three months of |
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| this Act receiving Royal Assent.’. |
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| Clause 3, page 2, line 36, at end add— |
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| | ‘(8) | The Secretary of State shall publish an annual report on the impact of means- |
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| | tested benefits on automatically enrolled members of the scheme established |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to ensure that means-tested benefits are not having an adverse |
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| | effect on those automatically enrolled into personal acccounts. |
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| Clause 4, page 3, line 1, leave out subsections (2) and (3). |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to enable the arrangements that must be made to automatically |
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| | enrol a jobholder following a postponement of automatic enrolment under this clause to be of the |
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| | same description as arrangements for automatic enrolment under clause 3(2). |
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| Clause 4, page 3, line 8, leave out from beginning to ‘within’ in line 10 and insert |
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| ‘Where a person becomes an active member of a scheme in accordance with regulations |
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| under this section, the employer must not take any action, or make any omission, by which |
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| the person ceases to be an active member of the scheme’. |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to impose directly rather than through regulations a duty on the |
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| | employer to maintain membership of the scheme that a jobholder was enrolled into following a |
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| | postponement under this clause for the minimum period. That period would be prescribed in reg |
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| Clause 4, page 3, line 15, at end add— |
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| | ‘(7) | The length of any such postponement shall not exceed 6 months.’. |
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| Clause 5, page 3, line 33, leave out subsection (6) and insert ‘The automatic re- |
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| enrolment date shall be 1st April of each year’. |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to ensure that administration of the system is easier for employ |
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| | ers to and to reduce the chances of inadvertent non-compliance. |
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| Clause 5, page 3, line 34, leave out from ‘that’ to end of line 35 and insert ‘fall at |
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| the beginning of the tax year in any relevant year for all jobholders.’. |
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| Clause 5, page 3, line 36, leave out ‘(2)’ and insert ‘(6)’. |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to correct the reference to the regulatory power for setting au |
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| | tomatic re-enrolment dates. |
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| Clause 6, page 4, line 6, leave out subsection (4). |
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| | Member’s explanatory statement
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| | This amendment is related to amendment 122. It removes the restriction on a jobholder giving no |
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| | tice to opt in to an automatic enrolment scheme more than once every twelve months. |
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| Clause 6, page 4, line 12, at end insert— |
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| | ‘(5A) | The regulations must provide for the notice— |
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| | (a) | to include information about the effect in relation to jobholders of giving |
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| | notice under this section, and |
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| | (b) | to be signed by the jobholder’.
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| | Member’s explanatory statement
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| | The purpose of this amendment is to ensure that, in situations where a jobholder seeks to opt in to |
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| | a qualifying scheme, a notice is signed in writing by the jobholder. |
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| Clause 6, page 4, line 15, after ‘qualifying’ insert ‘scheme which is a’. |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to attract the appropriate definitions in clause 77. |
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| Clause 6, page 4, line 17, at end add— |
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| | ‘(7) | Subsections (8) and (9) apply where a jobholder becomes an active member of an |
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| | automatic enrolment scheme in pursuance of a notice under this section and, |
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| | within the period of 12 months beginning with the day on which that notice was |
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| | (a) | ceases to be an active member of that scheme, and |
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| | (b) | gives the employer a further notice under this section. |
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| | (8) | The further notice does not have effect to require the employer to arrange for the |
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| | jobholder to become an active member of an automatic enrolment scheme. |
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| | (9) | But any arrangements the employer makes for the jobholder to become, within |
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| | that period, an active member of such a scheme must be made in accordance with |
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| | regulations under this section.’. |
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| | Member’s explanatory statement
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| | This amendment is related to amendment 120. It enables an employer to choose not to accept a |
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| | notice from a jobholder to opt in more than once every twelve months, but where the employer |
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| | chooses to accept the notice, the arrangements for enrolment prescribed under this clause must be |
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| Clause 7, page 4, line 25, after ‘refunded’, insert ‘to the jobholder’.
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| | Member’s explanatory statement
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| | The purpose of this amendment is to ensure that, in situations when a jobholder opts out of an auto- |
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| | enrolment scheme, any contributions made by the jobholder are refunded to the jobholder and not |
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| Clause 7, page 4, line 28, after ‘refunded’, insert ‘to the employer’.
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 71. |
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| Clause 7, page 4, line 39, at end add— |
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| | ‘(c) | to be given in writing by the jobholder’. |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to ensure that opting out is genuinely a decision taken by the |
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| Clause 7, page 4, line 39, at end add— |
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| | ‘(c) | to be registered personally with the enforcement body by the jobholder’. |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to ensure that opting out is genuinely a decision taken by the |
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| Clause 8, page 5, line 2, at end insert— |
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| | ‘( ) | for all workers to whom section [Workers without qualifying earnings] |
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| | applies to be given information about the effect of that section in relation |
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| | Member’s explanatory statement
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| | This amendment relates to New Clause 8. It would require regulations to be made for the provision |
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| | of information to workers without qualifying earnings who choose to opt into pension savings. |
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| Clause 8, page 5, line 7, leave out paragraph (c) and insert— |
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| | ‘(c) | that every jobholder shall be entitled to one-to-one generic advice either |
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| | (d) | that the advice shall be publicly funded; and |
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| | (e) | that the advice shall be independent’. |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to ensure that jobholders can make an informed decision about |
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| | whether personal accounts are likely to leave them better off. |
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| Clause 8, page 5, line 7, at end add— |
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| | ‘(3) | The information so given must include whether the jobholder is likely to benefit |
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| | by reason of being auto-enrolled. |
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| | (4) | For the purposes of this section ‘benefit’ shall be defined as the jobholder |
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| | recovering all contributions to the scheme as well as an additional return the |
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| | extent of which the Secretary of State shall by regulation define.’. |
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| Clause 8, page 5, line 7, at end add— |
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| | ‘(3) | An order by which Section 50(1) comes into force at any time may not be made |
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| | before the establishment of a network of independent financial advice centres.’. |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to ensure that jobholders can make an informed decision about |
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| | whether personal accounts are likely to leave them better off. |
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| Clause 8, page 5, line 7, at end add— |
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| | ‘(3) | The funding for information provided under subsection (1) must be equivalent in |
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| | value to no less than 0.05% of all money saved through the personal accounts |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to ensure that jobholders can make an informed decision about |
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| | whether personal accounts are likely to leave them better off. |
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| Clause 9, page 5, line 8, at end insert ‘or HM Revenue and Customs’. |
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| | Member’s explanatory statement
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| | The purpose of this amendment is to allow HMRC or the Pensions Regulator to collect information |
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| | from employers, so that administrative costs do not disproportionately burden small businesses. |
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| Clause 9, page 5, line 10, after ‘Regulator’, insert ‘or HM Revenue and Customs’. |
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| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 135. |
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| Clause 9, page 5, line 12, at end insert ‘and [Workers without qualifying |
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| | Member’s explanatory statement
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| | This amendment relates to New Clause 8. It enables the Secretary of State to provide for the Pen |
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| | sions Regulator to be given information by employers about action to comply with the duty im |
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| Clause 10, page 5, line 24, leave out from ‘that’ to ‘until’ in line 26 and insert |
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| ‘sections 2 to 7 and [Workers without qualifying earnings] do not apply in the case an |
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| employer of any description’. |
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| | Member’s explanatory statement
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