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| [Thirteeth and Fourteenth Sittings]
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| Schedule 35, page 279, line 18, leave out ‘£20,000’ and insert ‘£50,000’. |
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| Schedule 35, page 279, line 24, leave out ‘£20,000’ and insert ‘£50,000’. |
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| Schedule 35, page 279, line 25, leave out ‘£20,000’ and insert ‘£50,000’. |
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| Schedule 35, page 280, line 25, leave out ‘£20,000’ and insert ‘£50,000’. |
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| Schedule 35, page 280, line 36, leave out from ‘year’ to end of line 38. |
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| Schedule 35, page 280, line 39, leave out sub-paragraph (2). |
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| Schedule 35, page 283, line 15, leave out paragraphs 7 to 13 and insert— |
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| | ‘Protected pension input amounts |
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| | 6A (1) | A protected pension input amount in relation to an individual is any amount of |
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| | regular contributions exceeding the special annual allowance, having been |
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| | paid immediately prior to 22 April 2009 or where an application to pay regular |
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| | contributions was received by the scheme administrator prior to noon on 22 |
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| | (2) | Regular premiums are— |
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| | (a) | quarterly or more frequent contributions in which case the protected |
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| | pension input amount is the highest amount of regular premium paid |
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| | in the tax-year immediately preceding the current tax-year multiplied |
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| | by the frequency of contributions, or |
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| | (b) | annual or recurring single contributions in which case the protected |
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| | pension input amount is the total contributions paid to the scheme or |
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| | arrangement over the three tax-years immediately preceding the |
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| | current tax-year dividend by three. |
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| | (3) | In the case of a defined benefit scheme, the pension input value of further |
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| | accruals for tax-years 2009-10 and 2010-11 is protected as long as there is no |
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| | material change to the scheme that results in the rate of benefit accrual |
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| Schedule 35, page 283, line 40, after ‘paid’, insert ‘under this sub-paragraph or |
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| under sub-paragraph (3A)’. |
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| Schedule 35, page 284, line 3, leave out ‘a quarterly’ and insert ‘an annual’. |
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| Schedule 35, page 284, line 11, at end insert— |
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| | ‘(3A) | To the extent such amount exceeds that referred to in paragraph 8(3), relevant |
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| | added years contributions also include contributions paid— |
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| | (a) | with a view to securing that the calculation of benefits under the |
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| | arrangement is by reference to a period of service in excess of |
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| | pensionable service by the individual; and |
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| | (b) | which do not exceed the average amount of contributions made by the |
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| | individual in each of the three tax years ending 5 April 2009 (or if the |
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| | individual has not been a member of the pension scheme for those tax |
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| | years, the contributions made, in a case where he has been a member |
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| | for only one complete tax year, during that tax year, and the average |
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| | contributions, if he has been a member of this scheme for two |
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| | complete tax years, for those two tax years) or if provided that if in any |
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| | of those years the contribution exceeded the amount of the annual |
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| | allowance for that tax year (see section 228 of FA 2004) such |
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| | contribution shall be taken to be an amount equal to the annual |
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| | allowance for that tax year.’. |
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| Schedule 35, page 284, line 41, after ‘paid’, insert ‘under this sub-paragraph or |
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| under sub-paragraph (3A)’. |
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| Schedule 35, page 284, line 46, leave out ‘a quarterly’ and insert ‘an annual’. |
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| Schedule 35, page 285, line 6, at end insert— |
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| | ‘(3A) | To the extent such amount exceeds that referred to in paragraph 9(3), relevant |
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| | added years contributions also include contributions paid— |
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| | (a) | with a view to securing that the calculation of benefits under the |
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| | arrangement is by reference to a period of service in excess of |
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| | pensionable service by the individual; and |
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| | (b) | which do not exceed the average amount of contributions made by the |
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| | individual in each of the three tax years ending 5 April 2009 (or if the |
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| | individual has not been a member of the pension scheme for those tax |
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| | years, the contributions made, in a case where he has been a member |
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| | for only one complete tax year, during that tax year, and the average |
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| | contributions, if he has been a member of this scheme for two |
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| | complete tax years, for those two tax years) or if provided that if in any |
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| | of those years the contribution exceeded the amount of the annual |
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| | allowance for that tax year (see section 228 of FA 2004) such |
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| | contribution shall be taken to be an amount equal to the annual |
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| | allowance for that tax year.’. |
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| Schedule 35, page 285, line 39, after ‘paid’, insert ‘under this sub-paragraph or |
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| under sub-paragraph (3A)’. |
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| Schedule 35, page 285, line 44, leave out ‘a quarterly’ and insert ‘an annual’. |
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| Schedule 35, page 286, line 4, at end insert— |
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| | ‘(3A) | To the extent such amount exceeds that referred to in paragraph 10(3) or 10(5), |
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| | relevant added years contributions also include contributions paid— |
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| | (a) | with a view to securing that the calculation of benefits under the |
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| | arrangement is by reference to a period of service in excess of |
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| | pensionable service by the individual; and |
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| | (b) | which do not exceed the average amount of contributions made by the |
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| | individual in each of the three tax years ending 5 April 2009 (or if the |
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| | individual has not been a member of the pension scheme for those tax |
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| | years, the contributions made, in a case where he has been a member |
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| | for only one complete tax year, during that tax year, and the average |
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| | contributions, if he has been a member of this scheme for two |
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| | complete tax years, for those two tax years) or if provided that if in any |
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| | of those years the contribution exceeded the amount of the annual |
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| | allowance for that tax year (see section 228 of FA 2004) such |
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| | contribution shall be taken to be an amount equal to the annual |
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| | allowance for that tax year.’. |
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| Schedule 35, page 286, line 13, leave out ‘a quarterly’ and insert ‘an annual’. |
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| Schedule 35, page 286, line 37, leave out ‘a quarterly’ and insert ‘an annual’. |
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| Schedule 35, page 286, line 42, at end insert— |
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| | ‘(2A) | To the extent such amount exceeds that referred to in paragraph 11(2) the |
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| | amount arrived at under paragraph 3(2) in relation to the arrangement is a |
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| | protected pension input amount to the extent that it is attributable to |
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| | contributions paid which do not exceed the average amount of contributions |
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| | made by the individual in each of the three tax years ending 5 April 2009 (or |
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| | if the individual has not been a member of the pension scheme for those tax |
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| | years, the contributions made, in a case where he has been a member for only |
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| | one complete tax year, during that tax year, and the average contributions, if |
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| | he has been a member of this scheme for two complete tax years, for those two |
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| | tax years) provided that if in any of those years the contribution exceeded the |
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| | amount of the annual allowance for that tax year (see section 228 of FA 2004) |
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| | such contribution shall be taken to be an amount equal to the annual allowance |
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| Schedule 35, page 286, line 44, leave out first ‘the’ and insert ‘a’. |
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| Schedule 35, page 289, line 20, leave out ‘a quarterly’ and insert ‘an annual’. |
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| Schedule 35, page 290, line 3, leave out from ‘contributions’ to end of line and |
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| | (a) | are paid on a quarterly or more frequent basis pursuant to an agreement |
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| | for the payment of such contributions, or |
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| | (b) | if paid less frequently than quarterly, half of the sum of the two highest |
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| | contributions made in the periods 6 April to 21 April in each of the tax |
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| | years 2006-07, 200-08 and 2008-09 and for these purposes if only one |
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| | such contribution has been made in those three periods, half of that |
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| Schedule 35, page 290, line 3, leave out ‘a quarterly’ and insert ‘an annual’. |
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| Schedule 35, page 290, line 21, leave out paragraph 18. |
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| Schedule 35, page 291, line 7, at end insert ‘but this Schedule shall not apply where |
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| the individual concerned is aged 50 or over at some time in the tax years 2009-10 and |
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| | Clauses 72 to 75 Agreed to. |
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| | Clauses 76 and 77 Agreed to. |
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| Clause 78, page 39, line 37, leave out ‘rate’ and insert ‘amount’. |
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| | Clause 79 and 80 Agreed to. |
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| Clause 81, page 42, leave out lines 22 to 25. |
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| Clause 81, page 43, leave out lines 8 to 11. |
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| Schedule 40, page 315, line 8, leave out ‘only’ and insert ‘consideration’. |
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| Schedule 40, page 315, line 8, leave out ‘and C’ and insert ‘C and D’. |
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| Schedule 40, page 315, line 11, leave out ‘and D’ and insert ‘, C and E’. |
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| Schedule 40, page 315, line 12, leave out ‘a UK licence that relates to a developed |
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| area (“licence A”)’ and insert ‘one or more UK licences’. |
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| Schedule 40, page 315, line 14, after ‘length’ insert ‘(“disposal A”)’. |
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| Schedule 40, page 315, line 15, leave out ‘another UK licence that relates to a |
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| developed area (“licence B”)’ and insert ‘one or more UK licences’. |
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| Schedule 40, page 315, line 17, after ‘length’ insert ‘(“disposal B”)’. |
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| Schedule 40, page 315, line 17, at end insert— |
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| | ‘(4A) | Condition C is that either or both of the following paragraphs |
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| | (a) | the licence, or at least one of the licences, comprised in |
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| | disposal A relates to a developed area; |
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| | (b) | the licence, or at least one of the licences, comprised in |
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| | disposal B relates to a developed area.’. |
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| Schedule 40, page 315, line 18, leave out from ‘Condition’ to end of line 29 and |
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| | (a) | disposal A is the only consideration given for disposal B, and |
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| | (b) | disposal B is the only consideration given for disposal A. |
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| | (6) | Condition E is that either— |
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| | (a) | disposal A is the only consideration given for disposal B, or |
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| | (b) | disposal B is the only consideration given for disposal A, |
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| | | (and accordingly one of the disposals is part of the consideration given |
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| | for the other disposal).’ |
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| Schedule 40, page 315, line 35, leave out ‘only’ and insert ‘consideration’. |
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