33

House of Commons

Tuesday 15th January 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

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Note

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

Programming Sub-Committee.

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Thursday 10th January 2008 (Standing

Order 83C):

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday

15th January) meet—

(a)	at 4.00 p.m. on Tuesday 15th January;

(b)	at 9.30 a.m. and 1.00 p.m. on Thursday 17th January;

(c)	at 10.30 a.m. and 4.00 p.m. on Tuesday 22nd January;

(d)	at 9.30 a.m. and 1.00 p.m. on Thursday 24th January;

(e)	at 10.30 a.m. and 4.00 p.m. on Tuesday 29th January;

(f)	at 9.30 a.m. and 1.00 p.m. on Thursday 31st January;

(g)	at 10.30 a.m. and 4.00 p.m. on Tuesday 5th February;

(h)	at 9.30 a.m. and 1.00 p.m. on Thursday 7th February;

(i)	at 10.30 a.m. and 4.00 p.m. on Tuesday 19th February;

(j)	at 9.30 a.m. and 1.00 p.m. on Thursday 21st February;

(k)	at 10.30 a.m. and 4.00 p.m. on Tuesday 26th February.

(2)	the Committee shall hear oral evidence in accordance with the following

Table:

Public Bill Committee: 15th January 2008

34

Pensions Bill, continued

TABLE

	Date	Time	Witness
	Tuesday 15th January	Until no later than 12 noon	Personal Accounts Delivery
			Authority
	Tuesday 15th January	Until no later than 5.10 p.m.	Association of British Insurers;
			National Association of Pension
			Funds; Investment Management
			Association
	Tuesday 15th January	Until no later than 6.40 p.m.	Trades Union Congress; Equality
			and Human Rights Commission;
			Which?; Age Concern; Help the
			Aged
	Thursday 17th January	Until no later than 9.45 a.m.	Pensions Policy Institute
	Thursday 17th January	Until no later than 10.25 a.m.	British Chambers of Commerce;
			Federation of Small Businesses
	Thursday 17th January	Until no later than 2.10 p.m.	Engineering Employers
			Federation; Confederation of
			British Industry; Association of
			Consulting Actuaries
	Thursday 17th January	Until no later than 3.15 p.m.	Pensions Commission
	Thursday 17th January	Until no later than 4.45 p.m.	Department of Work and Pensions

(3)	the proceedings on consideration of the Bill in Committee shall be taken in

the following order: Clauses 1 to 57; Schedule 1; Clauses 58 to 79; Schedule

2; Clause 80; Schedule 3; Clauses 81 to 90; Schedule 4; Clauses 91 to 94;

Schedule 5; Clauses 95 and 96, Schedule 6; Clauses 97 and 98; Schedule 7;

Clauses 99 to 108; Schedule 8; Clauses 109 to 111; new Clauses; new

Schedules; remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 7.00 p.m. on Tuesday 26th February.

Mr Mike O’Brien has given notice of his intention to move a motion in the terms of the

Resolution of the Programming Sub-Committee [Standing Order No. 83C(9)]

As an Amendment to the Resolution of the Programming Sub-Committee:

Mr Wayne David

(a)

Line  5,  leave out ‘9.30’ and insert ‘9.00’.

Mr Mike O’Brien

That, at this and any subsequent meeting at which oral evidence is to be heard, the

Committee shall sit in private until the witnesses are admitted.

Public Bill Committee: 15th January 2008

35

Pensions Bill, continued

Mr Mike O’Brien

That, subject to the discretion of the Chairman, any written evidence received by the

Committee shall be reported to the House for publication.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

1

Clause  1,  page  1,  line  9,  leave out ‘and under 75’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

11

Clause  2,  page  2,  line  4,  leave out ‘, or make any omission,’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

13

Clause  3,  page  2,  line  27,  leave out subsection (5) and insert—

‘( )	Subsection (2) does not apply if there are prescribed arrangements under which

the jobholder is entitled to become an active member, with effect from the

automatic enrolment date, of a qualifying scheme which is a personal pension

scheme of a prescribed description.

( )	An order will be made under this section to prescribe the terms under which it is

applicable, and the basis on which its application may be withdrawn with respect

to specific scheme providers or employers.’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

12

Clause  3,  page  2,  line  27,  leave out ‘may’ and insert ‘shall within three months of

this Act receiving Royal Assent.’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

14

Clause  4,  page  3,  line  15,  at end add—

Public Bill Committee: 15th January 2008

36

Pensions Bill, continued

‘(7)	The length of any such postponement shall not exceed 6 months.’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

15

Clause  5,  page  3,  line  34,  leave out from ‘that’ to end of line 35 and insert ‘fall at

the beginning of the tax year in any relevant year for all jobholders.’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

16

Clause  8,  page  5,  line  7,  at end add—

‘(3)	The information so given must include whether the jobholder is likely to benefit

by reason of being auto-enrolled.

(4)	For the purposes of this section ‘benefit’ shall be defined as the jobholder

recovering all contributions to the scheme as well as an additional return the

extent of which the Secretary of State shall by regulation define.’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

17

Clause  11,  page  6,  line  4,  leave out ‘wages, commission, bonuses and overtime’

and insert ‘and wages’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

18

Clause  11,  page  6,  line  11,  leave out paragraph (f).

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

19

Clause  11,  page  6,  line  11,  at end add—

‘(4)	For the purposes of scheme contributions by and on behalf of members of a

qualifying scheme other than that established by Chapter 4 of this Act,

Public Bill Committee: 15th January 2008

37

Pensions Bill, continued

subsections 11(1) to (3) may be disregarded if contributions are calculated and

made in relation to the individual’s basic earnings.’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

20

Clause  12,  page  6,  line  15,  leave out subsection (2).

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

21

Clause  12,  page  6,  line  17,  leave out ‘may in particular’ and insert ‘shall’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

22

Clause  13,  page  6,  line  27,  leave out from beginning to ‘twelve’ in line 27.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

2

Clause  14,  page  7,  line  9,  leave out paragraph (c).

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

3

Clause  15,  page  7,  line  22,  leave out ‘or to provide any information’.

Public Bill Committee: 15th January 2008

38

Pensions Bill, continued

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

4

Clause  16,  page  7,  line  33,  leave out paragraph (c).

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

5

Clause  17,  page  7,  line  40,  at end add—

‘(c)	is prescribed or is of a prescribed description and that has its main

administration elsewhere than in an EEA State.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

23

Clause  20,  page  9,  line  4,  leave out subsection (3).

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

24

Clause  30,  page  13,  line  2,  at end add—

‘(g)	require the employer to pay interest in respect of any period for which

contributions remain unpaid.’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

Mr John Greenway

Miss Julie Kirkbride

63

Clause  45,  page  20,  line  6,  at end add—

‘(cb)

to fund the set-up costs incurred by the duties under Chapter 1 of Part 1

of the Pensions Act 2008 from the Consolidated Fund.’.

Member’s explanatory statement

The purpose of this amendment is to ensure that the additional cost incurred by the Pensions Reg­

ulator during the set-up phase of its new statutory objective to maximise compliance with new em­

Public Bill Committee: 15th January 2008

39

Pensions Bill, continued

ployer duties is paid by the taxpayer.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

25

Clause  50,  page  24,  line  10,  after ‘scheme’ insert ‘which shall commence operation

with effect from 1st April 2012’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

26

Clause  51,  page  25,  line  15,  leave out subsection (5).

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

27

Clause  52,  page  25,  line  26,  leave out ‘by order under section 50, or’.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

Mr John Greenway

Miss Julie Kirkbride

64

Clause  52,  page  25,  line  28,  after ‘panel’, insert ‘and employers’ panel’.

Member’s explanatory statement

The purpose of this amendment is to provide the employers’s panel with the functions of appointing

members of the trustee corporation as well as the consumer panel.

Mr Nigel Waterson

Andrew Selous

Mr Stewart Jackson

28

Clause  53,  page  25,  line  34,  at end insert ‘save that the employers’ contribution

shall be fixed at 3 per cent. of the amount of jobholders’ qualifying earnings in any pay

reference period.’.

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Revised 15 January 2008