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House of Lords

Session 1998-99 Publications on the internet Other Bills before Parliament Amendments to the Welfare Reform and Pensions Bill

Welfare Reform and Pensions Bill - Amendments to be debated in the House of Lords Here you can browse the Second Marshalled List of Amendments to the Welfare Reform and Pensions Bill to be moved in Committee in the House of Lords.

The amendments have been marshalled in accordance with the instruction of 17th June 1999, as follows--

Clauses 11 to 18 Schedule 2 Clause 19 Schedule 3 Clauses 20 and 21 Schedule 4 Clauses 22 to 31 Schedule 5 Clauses 32 to 46 Schedule 6 Clauses 47 to 54 Schedule 7

Clauses 55 to 65 Schedule 8 Clauses 66 to 69 Schedules 9 and 10 Clauses 70 to 76 Schedule 11 Clauses 77 to 79 Schedule 12 Clauses 80 to 82 Schedule 13 Clauses 83 to 85

	[Amendments marked * are new or have been altered]
Amendment No.
	Clause 11
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
38	Page 12, line 22, at end insert--       ("(5A)  No pension rights of any person shall however vest in his trustee of bankruptcy if they were acquired or secured during a period when the arrangement was approved.")
39	Page 12, line 23, leave out subsections (6) to (8)
40	Page 12, line 44, leave out ("under subsection (5) or (7)") and insert ("in accordance with this section")
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER
	The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
	Clause 12
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER
	The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
	Clause 17
	BY THE LORD HIGGINS THE LORD ASTOR OF HEVER
	The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill.
	After Clause 18
	BY THE BARONESS STRANGE THE BARONESS GARDNER OF PARKES THE BARONESS FOOKES
41	Insert the following new Clause--
	("  .--(1)  In determining whether a pension is payable to a person as a widow under any of the enactments in subsection (2), no account may be taken of the fact that the widow has remarried or is living together as husband and wife with a person of the opposite sex.       (2)  The enactments referred to in subsection (1) are--		War pensions for widows: entitlement.
	(a)  the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983, and any order re-enacting the provisions of that order,		S.I. 1983/883.
	(b)  the Personal Injuries (Civilians) Scheme 1983, and any subsequent scheme made under the Personal Injuries (Emergency Provisions) Act 1939,		S.I. 1983/686. 1939 c. 82.
	(c)  any scheme made under the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or the Polish Resettlement Act 1947 applying the provisions of any such order as is referred to in paragraph (a),		1939 c. 83. 1947 c. 19.
	(d)  the order made under section 1(5) of the Ulster Defence Regiment Act 1969 concerning pensions and other grants in respect of disablement or death due to service in the Ulster Defence Regiment.")		1969 c. 65.
42	[Withdrawn]
43	[Withdrawn]
44	[Withdrawn]
	BY THE BARONESS CASTLE OF BLACKBURN THE BARONESS TURNER OF CAMDEN
44A	Insert the following new Clause--
	("  .--(1)  Contributors or prospective contributors to a pension scheme, whether an occupational pension scheme or stakeholder pension or a personal pension shall be given the option of contributing to the State Earnings Related Pension Scheme as enacted in the Social Security Pensions Act 1975 or to such modification of it as may be prescribed.       (2)  To enable prospective contributors in exercising this option the Secretary of State shall publish comparative tables of the contributions required to produce specified benefits in each case including the charges levied on the contributions or on the accumulated fund in each case and the portability of each pension.")		Contributions to SERPS.
	Schedule 2
	BY THE BARONESS CASTLE OF BLACKBURN THE BARONESS TURNER OF CAMDEN
44B	Page 93, line 41, at end insert--       ("13A.  Section 150 of the Administration Act shall be amended as follows.       (1)  In subsection (1), after "prices" insert "or earnings".       (2)  In subsection (2), for "Where it appears to the Secretary of State that the general level of prices" substitute "Where it appears to the Secretary of State that the general level of prices or earnings".       (3)  In subsection (2)(a), after "beginning" insert "and, in the case of the first of the sums specified in section 44(4) of the Contributions and Benefits Act and the sum specified in column 3 of paragraph 5 of Part IV of Schedule 4 to the Contributions and Benefits Act, not less than the percentage by which the general level of earnings is greater at the end of the period than it was at the beginning".")
	Clause 19
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
45	Page 24, line 31, leave out ("have effect") and insert ("not have effect until the Law Commission have undertaken a review of the Matrimonial Causes Act 1973 and have reported on the extent to which it is appropriate to give legal force to pre-nuptial agreements.")
	The above-named Lords give notice of their intention to opppose the Question that Clause 19 stand part of the Bill.
	Schedule 3
46	[Withdrawn]
47	[Withdrawn]
48	[Withdrawn]
49	[Withdrawn]
50	[Withdrawn]
51	[Withdrawn]
52	[Withdrawn]
53	[Withdrawn]
54	[Withdrawn]
55	[Withdrawn]
56	[Withdrawn]
57	[Withdrawn]
	BY THE BARONESS HOLLIS OF HEIGHAM
58	Leave out Schedule 3 and insert the following new Schedule--
	("SCHEDULE 3
	PENSION SHARING ORDERS: ENGLAND AND WALEs
	1. The Matrimonial Causes Act 1973 is amended as follows.       2. After section 21 there is inserted--		1973 c. 18.
	Pension sharing orders.	21A.--(1) For the purposes of this Act, a pension sharing order is an order which-- (a)  provides that one party's--
	(i)  shareable rights under a specified pension arrangement, or
		(ii)  shareable state scheme rights,
	be subject to pension sharing for the benefit of the other party, and
		(b)  specifies the percentage value to be transferred.     (2)  In subsection (1)-- (a)  the reference to shareable rights under a pension arrangement is to rights in relation to which pension sharing is available under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, (b)  the reference to shareable state scheme rights is to rights in relation to which pension sharing is available under Chapter II of Part IV of the Welfare Reform and Pensions Act 1999, or under corresponding Northern Ireland legislation, and (c)  party" means a party to a marriage."
	3. In section 24 (property adjustment orders in connection with divorce proceedings, etc), in paragraphs (c) and (d) of subsection (1), there is inserted at the end ", other than one in the form of a pension arrangement (within the meaning of section 25D below)".       4. After section 24A there is inserted--
	Pension sharing orders in connection with divorce proceedings etc.	24B.--(1) On granting a decree of divorce or a decree of nullity of marriage or at any time thereafter (whether before or after the decree is made absolute), the court may, on an application made under this section, make one or more pension sharing orders in relation to the marriage.       (2)  A pension sharing order under this section is not to take effect unless the decree on or after which it is made has been made absolute.       (3)  A pension sharing order under this section may not be made in relation to a pension arrangement which-- (a)  is the subject of a pension sharing order in relation to the marriage, or (b)  has been the subject of pension sharing between the parties to the marriage.     (4)  A pension sharing order under this section may not be made in relation to shareable state scheme rights if-- (a)  such rights are the subject of a pension sharing order in relation to the marriage, or (b)  such rights have been the subject of pension sharing between the parties to the marriage.     (5)  A pension sharing order under this section may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of section 25B or 25C below which relates to benefits or future benefits to which he is entitled under the pension arrangement.
	Pension sharing orders: duty to stay.	24C.--(1) No pension sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor.       (2)  The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
	Pension sharing orders: apportionment of charges.	24D. If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the parties of any charge under section 37 of the Welfare Reform and Pensions Act 1999 (charges in respect of pension sharing costs), or under corresponding Northern Ireland legislation."       5. In section 25 (matters to which the court is to have regard in deciding how to exercise its powers with respect to financial relief)-- (a)  in subsection (1), for "or 24A" there is substituted ", 24A or 24B", and (b)  in subsection (2), for "or 24A" there is substituted "24A or 24B".     6. In section 25A(1) (court's duty to consider desirability of exercising power to achieve clean break), for "or 24A" there is substituted ", 24A or 24B".       7.--(1) Section 31 (variation, discharge etc. of certain orders for financial relief) is amended as follows.       (2)  In subsection (2), at the end there is inserted-- (g)  a pension sharing order under section 24B which is made at a time before the decree has been made absolute."
	(3)  After subsection (4) there is inserted--     (4A)  In relation to an order which falls within paragraph (g) of subsection (2) above ("the subsection (2) order")-- (a)  the powers conferred by this section may be exercised--     (i)  only on an application made before the subsection (2) order has or, but for paragraph (b) below, would have taken effect; and     (ii)  only if, at the time when the application is made, the decree has not been made absolute; and (b)  an application made in accordance with paragraph (a) above prevents the subsection (2) order from taking effect before the application has been dealt with.     (4B)  No variation of a pension sharing order shall be made so as to take effect before the decree is made absolute.     (4C)  The variation of a pension sharing order prevents the order taking effect before the end of such period after the making of the variation as may be prescribed by regulations made by the Lord Chancellor."     (4)  In subsection (5)-- (a)  for "(7F)" there is substituted "(7G)", (b)  for "or (e)" there is substituted ", (e) or (g)", and (c)  after "property adjustment order" there is inserted "or pension sharing order".     (5)  In subsection (7B), after paragraph (b) there is inserted-- (ba)  one or more pension sharing orders;".     (6)  After subsection (7F) there is inserted--     (7G)  Subsections (3) to (5) of section 24B above apply in relation to a pension sharing order under subsection (7B) above as they apply in relation to a pension sharing order under that section."     (7)  After subsection (14) there is inserted--     (15)  The power to make regulations under subsection (4C) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament."     8. In section 33A (consent orders), in subsection (3), in the definition of "order for financial relief", after "24A" there is inserted ", 24B".       9. In section 37 (avoidance of transactions intended to prevent or reduce financial relief), in subsection (1), after "24," there is inserted "24B,".       10. After section 40 there is inserted--
	Appeals relating to pension sharing orders which have taken effect.	40A.--(1) Subsections (2) and (3) below apply where an appeal against a pension sharing order is begun on or after the day on which the order takes effect.       (2)  If the pension sharing order relates to a person's rights under a pension arrangement, the appeal court may not set aside or vary the order if the person responsible for the pension arrangement has acted to his detriment in reliance on the taking effect of the order.       (3)  If the pension sharing order relates to a person's shareable state scheme rights, the appeal court may not set aside or vary the order if the Secretary of State has acted to his detriment in reliance on the taking effect of the order.       (4)  In determining for the purposes of subsection (2) or (3) whether a person has acted to his detriment in reliance on the taking effect of the order, the appeal court may disregard any detriment which in its opinion is insignificant.       (5)  Where subsection (2) or (3) above applies, the appeal court may make such further orders (including one or more pension sharing orders) as it thinks fit, for the purpose of putting the parties in the position it considers appropriate.       (6)  Section 24C above only applies to a pension sharing order under this section if the decision of the appeal court can itself be the subject of an appeal.       (7)  In subsection (2), the reference to the person responsible for the pension arrangement is to be read in accordance with section 25D(4) above."
	11. In section 52 (interpretation), in subsection (2), for "and" at the end of paragraph (a) there is substituted-- (aa)  references to pension sharing orders shall be construed in accordance with section 21A above; and".")
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER [As amendments to amendment 58]
58A	Line 14, at end insert (", and (c)  is made in terms to be prescribed in regulations")
58B	Leave out lines 29 to 32
58C	Line 35, leave out from ("marriage") to second ("the") in line 36
58D	Line 44, after ("a") insert ("previous")
58E	Line 45, leave out ("in relation to the marriage")
58F	Line 51, after ("a") insert ("previous")
58G	Line 52, leave out ("in relation to the marriage")
58H	Line 60, at end insert--       ("(  )  No pension sharing order shall be made in respect of a pension sharing arrangement which has already been the subject of a pension sharing order.")
58J	Line 60, at end insert--       ("(  )  No pension sharing order shall be made which is materially contrary to the interests of any child of the family.")
58K	Line 103, after ("order") insert ("following an appeal")
	BY THE LORD HIGGINS THE BARONESS BUSCOMBE THE LORD ASTOR OF HEVER
	The above-named Lords give notice of their intention to oppose the Question that Schedule 3 be the third Schedule to the Bill.

© Parliamentary copyright 1999	Prepared 5 July 1999

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