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173

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Friday 25th January 2008

 

For other Amendment(s) see the following page(s):

 

Pensions Bill Committee 139-70 and 171-72

 

Public Bill Committee


 

Pensions Bill

 

Mr Mike O’Brien

 

151

 

Page  18,  line  21,  leave out Clause 42.

 

Member’s explanatory statement

 

See Member’s explanatory statement for New Clause 14.

 

Mr Mike O’Brien

 

152

 

Clause  43,  page  19,  line  21,  leave out from first ‘planning’ to end of line 22 and

 

insert ‘and “the Northern Ireland Department” have the same meaning as in paragraph

 

2.”’.

 

Member’s explanatory statement

 

The effect of the amendment is to define “the Northern Ireland Department” as the Department

 

for Social Development in Northern Ireland.

 

Mr Mike O’Brien

 

153

 

Clause  43,  page  19,  line  22,  at end add—

 

‘(1A)    

Section 323 of the Pensions Act 2004 (c. 35) (extent) is amended as follows.

 

(1B)    

In subsection (2)(c) (provisions extending to Northern Ireland)—

 

(a)    

for “paragraph 2” substitute “paragraphs 2 and 4”;

 

(b)    

for “that paragraph” substitute “those paragraphs”.

 

(1C)    

In subsection (4), for “paragraph 2” substitute “paragraphs 2 and 4”.’.

 

Member’s explanatory statement

 

This amendment provides for the paragraph inserted in the Pensions Act 2004 by clause 43(1) to

 

extend to Northern Ireland. The paragraph allows the Secretary of State or the Northern Ireland

 

Department to be given information by the Pensions Regulator for use for specified functions.


 
 

Notices of Amendments: 25th January 2008                

174

 

Pensions Bill, continued

 
 

Disclosure of tax information etc

 

Mr Mike O’Brien

 

NC14

 

To move the following Clause:—

 

‘(1)    

In the Pensions Act 2004 (c. 35) for section 88 (tax information) substitute—

 

“88    

Tax information etc

 

(1)    

This section applies to information held by the Revenue and Customs if

 

it is held by them in connection with a function of the Revenue and

 

Customs that relates to any of these matters—

 

(a)    

tax or duty;

 

(b)    

national insurance contributions;

 

(c)    

the national minimum wage.

 

(2)    

An officer of Revenue and Customs may disclose to the Regulator

 

information to which this section applies, if the disclosure is made for the

 

purpose of enabling or assisting the Regulator to discharge its functions.

 

(3)    

Where information to which this section applies is disclosed to the

 

Regulator by virtue of subsection (2) above or section 19 of the Anti-

 

terrorism, Crime and Security Act 2001 (disclosure of information held

 

by revenue departments), it must, subject to subsections (4) and (5), be

 

treated for the purposes of section 82 as restricted information.

 

(4)    

Information to which this section applies which is disclosed to the

 

Regulator as mentioned in subsection (3) may not be disclosed by the

 

Regulator or any person who receives the information directly or

 

indirectly from the Regulator except—

 

(a)    

to, or in accordance with authority given by, the Commissioners

 

for Her Majesty’s Revenue and Customs,

 

(b)    

with a view to the institution of, or otherwise for the purposes of,

 

any criminal proceedings,

 

(c)    

with a view to the institution of any other proceedings by the

 

Regulator, or for the purposes of any such proceedings instituted

 

by the Regulator,

 

(d)    

in accordance with section 84, otherwise than for the purposes of

 

any proceedings, or

 

(e)    

in the form of a summary or collection of information so framed

 

as not to enable information relating to any particular person to

 

be ascertained from it.

 

(5)    

Accordingly sections 82(3), 83, 85 to 87 and 235, and paragraph 4 of

 

Schedule 10, do not apply to such information, and section 84 applies

 

subject to subsection (4)(d).

 

(6)    

In subsection (4)(c) and (d), “proceedings” includes the issue of notices

 

or any other enforcement action taken by the Regulator under Chapter 2

 

of Part 1 of the Pensions Act 2008 or any other enactment.

 

(7)    

In this section “the Revenue and Customs” and a “function of the

 

Revenue and Customs” have the same meaning as in section 18 of the

 

Commissioners for Revenue and Customs Act 2005 (confidentiality).”

 

(2)    

In section 82 of that Act (restricted information) in subsection (3) for “88(4)”

 

substitute “88(4)(d)”.’.


 
 

Notices of Amendments: 25th January 2008                

175

 

Pensions Bill, continued

 
 

Member’s explanatory statement

 

This New Clause would replace section 88 of the Pensions Act 2004 and section 88A inserted by

 

clause 42. It allows HMRC to disclose information on specified matters to the Regulator to enable

 

the Regulator to discharge its functions. Controls are placed on the Regulator’s ability to disclose

 

this information.

 

Danny Alexander

 

Paul Rowen

 

154

 

Clause  52,  page  25,  line  26,  leave out subsection (3) and insert—

 

‘(3)    

The Members’ Panel is to consist of such members and future members, or

 

persons representing the interests of members and future members, as the trustees

 

may appoint.

 

(3A)    

The trustees must appoint one of the members of the Members’ Panel to be the

 

chairman of the Panel.

 

(3B)    

The trustees must secure that the membership of the Members’ Panel is such as

 

to:

 

(a)    

give a fair degree of representation to members and future members; and

 

(b)    

respect diversity among members and future members of the scheme.

 

(3C)    

The chairman and other members of the Members’ Panel are to be—

 

(a)    

appointed for a fixed period, and on other terms and conditions,

 

determined by the trustees, and

 

(b)    

paid by the trustees in accordance with provision made by or under the

 

terms of appointment.

 

(3D)    

But a person may be removed from office in accordance with those terms and

 

conditions only with the approval of the Secretary of State.

 

(3E)    

A person who ceases to be a chairman or another member of the Members’ Panel

 

may be re-appointed.

 

(3F)    

Representations by the Members’ Panel—

 

(a)    

the Trustees must consider any representations made to it by the

 

Members’ Panel.

 

(b)    

if the Trustees disagree with a view expressed, or proposal made, in the

 

representations, it must give the Members’ Panel a notice to that effect

 

stating its reasons for disagreeing.

 

(c)    

the Members’ Panel may publish such information as it thinks fit about

 

any representations made by it to the trustees.

 

(d)    

where the Members’ Panel publishes information about any

 

representations made by it, the trustees must publish any notice it gives

 

under subsection (2) in respect of those representations.

 

(3G)    

Advice and research functions of the Members’ Panel—

 

(a)    

The Members’ Panel may, at the request of the trustees—

 

(i)    

carry out research for the trustees;

 

(ii)    

give advice to the trustees.

 

(b)    

The trustees must consider any advice given and the results of any

 

research carried out under this section.

 

(c)    

the Members’ Panel may publish such information as it thinks fit about

 

advice it gives, and about the results of research carried out by it, under

 

this section.

 

Member’s explanatory statement

 

The purpose of this amendment is to ensure that the Members’ Panel are given the appropriate

 

powers and adequate resources to ensure that the scheme acts in the best interests of members and

 

future members.


 
 

Notices of Amendments: 25th January 2008                

176

 

Pensions Bill, continued

 
 

Danny Alexander

 

Paul Rowen

 

155

 

Clause  52,  page  25,  line  30,  leave out subsection 5.

 

Member’s explanatory statement

 

See Member’s explanatory statemement for amendment 154.

 


 
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