Pensions (No. 2) Bill
MARSHALLED LIST OF AMENDMENTS
CONSIDERATION STAGE
Tuesday 2 December 2008
Amendments tabled up to and including Thursday, 27 November 2008
The Bill will be considered in the following order-
Clauses, Schedules and Long Title
Amendment 1 [Made]
Clause 8, Page 6, Line 8
After ‘behalf’ insert ‘or in respect’
Minister for Social Development
Amendment 2 [Made]
Clause 22, Page 11, Line 25
Leave out ‘such persons’ and insert ‘them’
Minister for Social Development
Amendment 3 [Made]
Clause 22, Page 11, Line 26
After ‘are’ insert ‘J and’
Minister for Social Development
Amendment 4 [Made]
New Clause
After clause 27 insert—
‘Sections 20, 24 and 26: certification that quality requirement is satisfied
27A.—(1) The Department may by regulations provide that, subject to provision within subsection (6)(f), a scheme to which this section applies is to be taken to satisfy the relevant quality requirement in relation to any jobholder of an employer if a certificate given in accordance with the regulations is in force in relation to the employer.
(2) The certificate must state that, in relation to the jobholders of the employer who are active members of the scheme, the scheme is in the opinion of the person giving the certificate able to satisfy the relevant quality requirement throughout the certification period.
(3) This section applies to—
(a) a money purchase scheme to which section 20 applies;
(b) a personal pension scheme to which section 26 applies;
(c) a hybrid scheme, to the extent that requirements within section 24(1)(a) apply.
(4) The “relevant quality requirement”—
(a) for a scheme within subsection (3)(a), means the quality requirement under section 20;
(b) for a scheme within subsection (3)(b), means the quality requirement under section 26;
(c) for a scheme within paragraph (c) of subsection (3), means the requirements mentioned in that paragraph.
(5) Regulations may make further provision in relation to certification under this section.
(6) Regulations may in particular make provision—
(a) as to the period for which a certificate is in force (the “certification period”);
(b) as to the persons by whom a certificate may be given;
(c) as to procedures in connection with certification or where a certificate has been given;
(d) requiring persons to have regard to guidance issued by the Department;
(e) requiring an employer to calculate the amount of contributions that a scheme, and any section 26 agreements, required to be paid by or in respect of any jobholder in the certification period;
(f) as to cases where the requirements of a scheme, and any section 26 agreements, as to payment of contributions by or in respect of jobholders of an employer did not satisfy prescribed conditions.
(7) Provision within subsection (6)(f) includes in particular provision for a scheme not to be treated by virtue of regulations under this section as having satisfied the relevant quality requirement unless prescribed steps are taken (which may include the making of prescribed payments).
(8) In subsection (6) “section 26 agreements” means the agreement required, in the case of a scheme within subsection (3)(b), by section 26(4) and any agreement required, in the case of such a scheme, by section 26(6).
(9) The Department may by order repeal this section.’
Minister for Social Development
Amendment 5 [Made]
Clause 37, Page 19, Line 22
After ‘pay’ insert ‘on behalf or’
Minister for Social Development
Amendment 6 [Made]
Clause 59, Page 32, Line 33
Leave out ‘qualifying scheme’ and insert ‘pension scheme that is relevant to the discharge of those duties’
Minister for Social Development
Amendment 7 [Made]
Clause 59, Page 32
Leave out line 39
Minister for Social Development
Amendment 8 [Made]
Clause 59, Page 32, Line 42
Leave out ‘, “worker” or “qualifying scheme”’ and insert ‘or “worker”’
Minister for Social Development
Amendment 9 [Made]
Clause 77, Page 40, Line 18
At end insert ‘or (where section 9 applies) a worker in relation to whom there are direct payment arrangements (within the meaning of section 107A of the Pension Schemes Act) between the worker and the employer;’
Minister for Social Development
Amendment 10 [Made]
Clause 107, Page 53, Line 28
Leave out from ‘, for sub-paragraph (d)’ to the end of line 35 and insert—
‘the existing provision becomes sub-paragraph (1).
(2) For paragraph (d) of that sub-paragraph substitute—
“(d) permitting the Regulator to authorise such persons, in such circumstances and under such arrangements, as the Regulator may determine, to exercise on behalf of the Regulator—
(i) the power to determine whether to exercise any of the functions listed in sub-paragraph (2);
(ii) the power to exercise any of the functions listed in sub-paragraph (2) or such other functions as may be prescribed.”.
(3) After that sub-paragraph insert—
“(2) The functions mentioned in sub-paragraph (1)(d) are—
(a) the power to issue an improvement notice under Article 9;
(b) the power to issue a third party notice under Article 10;
(c) the power to recover unpaid contributions under Article 13;
(d) the power to require information under Article 67;
(e) the power to vary or revoke a determination, order, notice or direction under Article 96;
(f) the power to require payment of a penalty under Article 10 of the 1995 Order;
(g) the power to issue a compliance notice under section 34 of the Pensions (No. 2) Act (Northern Ireland) 2008;
(h) the power to issue a third party compliance notice under section 35 of that Act;
(i) the power to issue an unpaid contributions notice under section 36 of that Act;
(j) the power to issue a fixed penalty notice under section 39 of that Act;
(k) the power to issue an escalating penalty notice under section 40 of that Act;
(l) the power to recover penalties under section 41 of that Act;
(m) the power to review a notice under section 42 of that Act;
(n) the power to issue a compliance notice in respect of prohibited recruitment conduct under section 50 of that Act;
(o) the power to issue a penalty notice in respect of prohibited recruitment conduct under section 51 of that Act.”.
(4) Subsections (1) to (3)—
(a) do not affect any regulations made under paragraph 2(d) of Schedule 1 to the 2005 Order before the coming into operation of this section, and
(b) do not affect the powers conferred by that paragraph, so far as exercisable for the purpose of making, by way of consolidation, provision having the same effect as any provision of those regulations.’
Minister for Social Development
Amendment 11 [Made]
Clause 111, Page 56, Line 17
After ‘17(1)(c),’ insert ‘27A,’
Minister for Social Development
Amendment 12 [Made]
Clause 111, Page 56, Line 19
At end insert—
‘(ba) an order under section 27A(9);’
Minister for Social Development