Postal Services Bill [HL]
THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 16th March, as follows—
Clauses 19 to 34
Schedule 3
Clauses 35 to 38
Schedule 4
Clauses 39 to 46
Schedule 5
Clause 47
Schedule 6
Clauses 48 and 49 | Schedule 7
Clause 50
Schedule 8
Clauses 51 to 56
Schedule 9
Clauses 57 to 59
Schedule 10
Clause 60 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 70 | Insert the following new Clause— |
| | "Protection for certain members and prospective members of the RMPP |
| | The Secretary of State may make regulations for the purpose of securing that— |
| (a) | no qualifying member of the RMPP is placed in any worse position by reason of— |
| (i) | any winding up, in whole or in part, of the RMPP; or |
| (ii) | any amendment of the RMPP which results in benefits under that scheme being reduced, or contributions by employees being increased, and is made otherwise than in such circumstances as may be prescribed; |
| (b) | no person who is an active member of the RMPP or who could be an active member of the RMPP upon the attainment of a specified age or upon making an election to be such a member is to be prevented from becoming entitled to or continuing to participate in or acquire pension rights under the RMPP by reason of any change of employer— |
| (i) | which does not affect his continuity of employment and is made otherwise than in such circumstance as may be prescribed; and |
| (ii) | in the case of which his new employer either is a participant in the RMPP or is wholly owned by one or more companies which or each of which is such a participant; and |
| (c) | no person is placed in any worse position by reason of any change of employer of a person which does not affect his continuity of employment but prevents him from continuing to participate in or acquire pension rights under the RMPP." |
| | BARONESS TURNER OF CAMDEN |
| 70A | Page 10, line 31, leave out paragraphs (a) and (b) |
| 71 | Page 10, line 39, leave out paragraph (a) |
| 72 | Page 10, line 41, at end insert— |
| "( ) | The Secretary of State must inform Parliament of the classes of assets transferred under the order." |
| 73 | Page 11, line 4, leave out subsection (1) |
| 74 | Page 11, line 4, leave out subsection (1) and insert— |
| "(1) | The power of the Secretary of State to make an order under section 20 (a "transfer order") may only be exercised if the assets of the RMPP are sufficient, at the relevant time, to enable the RMPP to be wound up and all of its liabilities discharged in accordance with section 74 of the Pensions Act 1995 (c. 26) (discharge of liabilities by insurance, etc)." |
| 74A | Page 11, line 14, leave out from "determined" to end of line 15 and insert "and calculated within 12 months of the transfer order by an appropriately qualified actuary using a conservative set of assumptions used in the private sector and verified by the Government Actuary's Department. |
| ( ) | An "appropriately qualified actuary" means a person who is either— |
| (a) | a Fellow of the Institute of Actuaries, or |
| (b) | a Fellow of the Faculty of Actuaries." |
| 76 | Page 11, line 18, at end insert— |
| "(6) | Nothing in this section shall be interpreted as permitting or requiring the making of an order to wind up the RMPP." |
| 77 | Page 11, line 41, at end insert— |
| "(5A) | Regulations shall be made under this section that shall ensure that, for the purpose of any relevant tax, benefits payable or prospectively payable under— |
| | are treated as benefits payable under a single registered pension scheme." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 22 stand part of the Bill. |
| 77A | Page 12, line 15, after "otherwise)" insert "that is not legally privileged" |
| 78 | Page 12, line 21, at end insert— |
| | "and must lay any response from the RMPP and the Government's response before Parliament" |
| 78A* | Page 12, line 21, at end insert— |
| "(1A) | The Secretary of State may not make an order under any provision of this Part which adversley affects a relevant pension provision contained in the RMPP without the consent of the trustee of the RMPP. |
| (1B) | For the purpose of subsection (1A), "relevant pension provision" has the meaning set out in section 19(3). |
| (1C) | Regulations made under section 259 of the Pensions Act 2004 (c. 35) shall apply to a proposal to make an order under this Part as they apply to a proposal by an employer to make a decision prescribed for the purposes of that section." |
| 79 | Page 12, line 24, leave out "negative" and insert "affirmative" |
| 80 | Page 14, line 17, at end insert— |
| "( ) | In carrying out its functions in relation to postal services, OFCOM shall have regard to the interests of— |
| (a) | individuals who are disabled or chronically sick; |
| (b) | individuals of pensionable age; |
| (c) | individuals with low incomes; |
| (d) | individuals residing in rural areas; |
| (e) | small and medium size enterprises; |
| | but that is not to be taken as implying that regard may not be had to the interests of other descriptions of users." |
| 81 | Page 14, line 37, at end insert— |
| "( ) | a network of access points and postal offices whose density and adequacy ensure universal access to the service provided for in this subsection," |
| 82 | Page 15, line 2, leave out "Saturday," |
| 83 | Page 15, line 10, leave out "Saturday," |
| 83A | Page 15, line 12, after "packets" insert "other than bulk mail" |
| 84A | Page 15, line 21, at end insert— |
| "( ) | A universal postal service must not include services exempted under the Postal Services Directive." |
| 84B | Page 15, line 21, at end insert— |
| "( ) | The Secretary of State may by order subject to affirmative resolution amend subsection (3) above." |
| 85 | Page 16, line 42, after "operator" insert "which is or was a Royal Mail company" |
| 85A | Page 17, line 30, after "points" insert "within each postcode district" |
| 86 | Page 17, line 31, at end insert "taking into account the needs of users" |
| 86A* | Page 17, line 31, at end insert— |
| "( ) | to provide annual reviews of the trends and factors likely to affect the future development and delivery of the universal postal service and their impact on the provision of Post Offices to all City and County Councils throughout the United Kingdom; |
| ( ) | to provide to such persons as OFCOM may consider appropriate information about: |
| (i) | environmental matters; |
| (ii) | the employees employed by the universal service provider in the delivery of the universal postal service; and |
| (iii) | social and community issues; |
| | including information concerning the policies of the universal service provider and the effect of those policies." |
| 86B* | Page 17, line 34, at end insert— |
| "( ) | to provide annual reports on the provision of the universal postal service throughout each of the United Kingdom and the geographical areas covered by the Greater London Authority, the Northern Ireland Assembly, the Scottish Parliament and the Welsh Assembly." |
| 87 | Page 17, line 40, leave out subsection (2) |
| 87A* | Page 18, line 17, after "annually" insert— |
| | "in respect of its performance in each of— |
| (ii) | the geographical area covered by the Greater London Authority; |
| (iii) | the geographical area covered by the Northern Ireland Assembly; |
| (iv) | the geographical area covered by the Scottish Parliament; and |
| (v) | the geographical area covered by the Welsh Assembly." |
| 87B | Page 18, line 42, leave out from "it" to end of line |
| 88 | Page 18, line 42, at end insert "on commercial terms" |
| 88A | Page 19, line 5, at end insert— |
| "( ) | The requirement under paragraph (1)(b) above to maintain a separation for accounting purposes may be met by a relevant USP accounting condition under section 35." |
| 88B* | Page 19, line 18, leave out "might" and insert "is likely to" |
| 88C* | Page 19, line 20, leave out "might" and insert "is likely to" |
| 88D* | Page 19, line 22, leave out "may" and insert "must" |
| 88E | Page 19, line 26, at end insert— |
| "( ) | In imposing a USP access condition that imposes price controls OFCOM must seek to ensure that the prices take account of the costs of providing the service or part of a service." |
|
