145

House of Commons

Thursday 18 June 2009

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Finance Bill

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(Except Clauses 7, 8, 9, 11, 14, 16, 20 and 92)

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Note

The Amendments have been arranged according to the Order of the Committee

[19 May 2009].

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

198

Schedule  35,  page  279,  line  18,  leave out ‘£20,000’ and insert ‘£50,000’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

199

Schedule  35,  page  279,  line  24,  leave out ‘£20,000’ and insert ‘£50,000’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

200

Schedule  35,  page  279,  line  25,  leave out ‘£20,000’ and insert ‘£50,000’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

201

Schedule  35,  page  280,  line  25,  leave out ‘£20,000’ and insert ‘£50,000’.

Public Bill Committee: 18 June 2009

146

Finance Bill, continued

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

202

Schedule  35,  page  280,  line  36,  leave out from ‘year’ to end of line 38.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

203

Schedule  35,  page  280,  line  39,  leave out sub-paragraph (2).

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

228

Schedule  35,  page  283,  line  15,  leave out paragraphs 7 to 13 and insert—

‘Protected pension input amounts

6A  (1)

A protected pension input amount in relation to an individual is any amount of

regular contributions exceeding the special annual allowance, having been

paid immediately prior to 22 April 2009 or where an application to pay regular

contributions was received by the scheme administrator prior to noon on 22

April 2009.

(2)	Regular premiums are—

(a)	quarterly or more frequent contributions in which case the protected

pension input amount is the highest amount of regular premium paid

in the tax-year immediately preceding the current tax-year multiplied

by the frequency of contributions, or

(b)	annual or recurring single contributions in which case the protected

pension input amount is the total contributions paid to the scheme or

arrangement over the three tax-years immediately preceding the

current tax-year dividend by three.

(3)	In the case of a defined benefit scheme, the pension input value of further

accruals for tax-years 2009-10 and 2010-11 is protected as long as there is no

material change to the scheme that results in the rate of benefit accrual

increasing.’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

182

Schedule  35,  page  283,  line  40,  after ‘paid’, insert ‘under this sub-paragraph or

under sub-paragraph (3A)’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

190

Schedule  35,  page  284,  line  3,  leave out ‘a quarterly’ and insert ‘an annual’.

Public Bill Committee: 18 June 2009

147

Finance Bill, continued

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

183

Schedule  35,  page  284,  line  11,  at end insert—

‘(3A)

To the extent such amount exceeds that referred to in paragraph 8(3), relevant

added years contributions also include contributions paid—

(a)	with a view to securing that the calculation of benefits under the

arrangement is by reference to a period of service in excess of

pensionable service by the individual; and

(b)	which do not exceed the average amount of contributions made by the

individual in each of the three tax years ending 5 April 2009 (or if the

individual has not been a member of the pension scheme for those tax

years, the contributions made, in a case where he has been a member

for only one complete tax year, during that tax year, and the average

contributions, if he has been a member of this scheme for two

complete tax years, for those two tax years) or if provided that if in any

of those years the contribution exceeded the amount of the annual

allowance for that tax year (see section 228 of FA 2004) such

contribution shall be taken to be an amount equal to the annual

allowance for that tax year.’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

184

Schedule  35,  page  284,  line  41,  after ‘paid’, insert ‘under this sub-paragraph or

under sub-paragraph (3A)’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

191

Schedule  35,  page  284,  line  46,  leave out ‘a quarterly’ and insert ‘an annual’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

185

Schedule  35,  page  285,  line  6,  at end insert—

‘(3A)

To the extent such amount exceeds that referred to in paragraph 9(3), relevant

added years contributions also include contributions paid—

(a)	with a view to securing that the calculation of benefits under the

arrangement is by reference to a period of service in excess of

pensionable service by the individual; and

(b)	which do not exceed the average amount of contributions made by the

individual in each of the three tax years ending 5 April 2009 (or if the

individual has not been a member of the pension scheme for those tax

years, the contributions made, in a case where he has been a member

for only one complete tax year, during that tax year, and the average

contributions, if he has been a member of this scheme for two

complete tax years, for those two tax years) or if provided that if in any

of those years the contribution exceeded the amount of the annual

allowance for that tax year (see section 228 of FA 2004) such

Public Bill Committee: 18 June 2009

148

Finance Bill, continued

contribution shall be taken to be an amount equal to the annual

allowance for that tax year.’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

186

Schedule  35,  page  285,  line  39,  after ‘paid’, insert ‘under this sub-paragraph or

under sub-paragraph (3A)’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

192

Schedule  35,  page  285,  line  44,  leave out ‘a quarterly’ and insert ‘an annual’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

187

Schedule  35,  page  286,  line  4,  at end insert—

‘(3A)

To the extent such amount exceeds that referred to in paragraph 10(3) or 10(5),

relevant added years contributions also include contributions paid—

(a)	with a view to securing that the calculation of benefits under the

arrangement is by reference to a period of service in excess of

pensionable service by the individual; and

(b)	which do not exceed the average amount of contributions made by the

individual in each of the three tax years ending 5 April 2009 (or if the

individual has not been a member of the pension scheme for those tax

years, the contributions made, in a case where he has been a member

for only one complete tax year, during that tax year, and the average

contributions, if he has been a member of this scheme for two

complete tax years, for those two tax years) or if provided that if in any

of those years the contribution exceeded the amount of the annual

allowance for that tax year (see section 228 of FA 2004) such

contribution shall be taken to be an amount equal to the annual

allowance for that tax year.’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

193

Schedule  35,  page  286,  line  13,  leave out ‘a quarterly’ and insert ‘an annual’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

194

Schedule  35,  page  286,  line  37,  leave out ‘a quarterly’ and insert ‘an annual’.

Public Bill Committee: 18 June 2009

149

Finance Bill, continued

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

188

Schedule  35,  page  286,  line  42,  at end insert—

‘(2A)

To the extent such amount exceeds that referred to in paragraph 11(2) the

amount arrived at under paragraph 3(2) in relation to the arrangement is a

protected pension input amount to the extent that it is attributable to

contributions paid which do not exceed the average amount of contributions

made by the individual in each of the three tax years ending 5 April 2009 (or

if the individual has not been a member of the pension scheme for those tax

years, the contributions made, in a case where he has been a member for only

one complete tax year, during that tax year, and the average contributions, if

he has been a member of this scheme for two complete tax years, for those two

tax years) provided that if in any of those years the contribution exceeded the

amount of the annual allowance for that tax year (see section 228 of FA 2004)

such contribution shall be taken to be an amount equal to the annual allowance

for that year.’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

189

Schedule  35,  page  286,  line  44,  leave out first ‘the’ and insert ‘a’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

195

Schedule  35,  page  289,  line  20,  leave out ‘a quarterly’ and insert ‘an annual’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

197

Schedule  35,  page  290,  line  3,  leave out from ‘contributions’ to end of line and

insert ‘which—

(a)	are paid on a quarterly or more frequent basis pursuant to an agreement

for the payment of such contributions, or

(b)	if paid less frequently than quarterly, half of the sum of the two highest

contributions made in the periods 6 April to 21 April in each of the tax

years 2006-07, 200-08 and 2008-09 and for these purposes if only one

such contribution has been made in those three periods, half of that

amount.’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

196

Schedule  35,  page  290,  line  3,  leave out ‘a quarterly’ and insert ‘an annual’.

Public Bill Committee: 18 June 2009

150

Finance Bill, continued

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

205

Schedule  35,  page  290,  line  21,  leave out paragraph 18.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

204

Schedule  35,  page  291,  line  7,  at end insert ‘but this Schedule shall not apply where

the individual concerned is aged 50 or over at some time in the tax years 2009-10 and

2010-11.’.

Mr Mark Todd

181

Clause  78,  page  39,  line  37,  leave out ‘rate’ and insert ‘amount’.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

260

Clause  81,  page  42,  leave out lines 22 to 25.

Mr Mark Hoban

Mr David Gauke

Mr Greg Hands

261

Clause  81,  page  43,  leave out lines 8 to 11.

Mr Stephen Timms

229

Schedule  40,  page  315,  line  8,  leave out ‘only’ and insert ‘consideration’.

Mr Stephen Timms

230

Schedule  40,  page  315,  line  8,  leave out ‘and C’ and insert ‘C and D’.

Mr Stephen Timms

231

Schedule  40,  page  315,  line  11,  leave out ‘and D’ and insert ‘, C and E’.

Public Bill Committee: 18 June 2009

151

Finance Bill, continued

Mr Stephen Timms

232

Schedule  40,  page  315,  line  12,  leave out ‘a UK licence that relates to a developed

area (“licence A”)’ and insert ‘one or more UK licences’.

Mr Stephen Timms

233

Schedule  40,  page  315,  line  14,  after ‘length’ insert ‘(“disposal A”)’.

Mr Stephen Timms

234

Schedule  40,  page  315,  line  15,  leave out ‘another UK licence that relates to a

developed area (“licence B”)’ and insert ‘one or more UK licences’.

Mr Stephen Timms

235

Schedule  40,  page  315,  line  17,  after ‘length’ insert ‘(“disposal B”)’.

Mr Stephen Timms

236

Schedule  40,  page  315,  line  17,  at end insert—

‘(4A)

Condition C is that either or both of the following paragraphs

applies—

(a)	the licence, or at least one of the licences, comprised in

disposal A relates to a developed area;

(b)	the licence, or at least one of the licences, comprised in

disposal B relates to a developed area.’.

Mr Stephen Timms

237

Schedule  40,  page  315,  line  18,  leave out from ‘Condition’ to end of line 29 and

insert “D is that both—

(a)	disposal A is the only consideration given for disposal B, and

(b)	disposal B is the only consideration given for disposal A.

(6)	Condition E is that either—

(a)	disposal A is the only consideration given for disposal B, or

(b)	disposal B is the only consideration given for disposal A,

(and accordingly one of the disposals is part of the consideration given

for the other disposal).’

Mr Stephen Timms

238

Schedule  40,  page  315,  line  35,  leave out ‘only’ and insert ‘consideration’.

Mr Stephen Timms

239

Schedule  40,  page  315,  line  36,  leave out from ‘a’ to end of line 5 on page 316 and

insert ‘licence-consideration swap.

(2)	Each company participating in the swap is to be treated as follows.

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Revised 18 June 2009