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House of Lords Official Report
Vol. 764 Monday No. 38 7 September 2015 PARLIAMENTARY DEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT ORDER OF BUSINESS Deaths and Retirements of Members ...........................................................................1209 Questions Debt Management Advice ..........................................................................................1209 House of Lords: Membership....................................................................................1211 Disabled Children: Sexual Exploitation .....................................................................1214 Airports Commission: Costs.......................................................................................1216 Chairman of Committees Motion to Appoint.......................................................................................................1219 Energy Bill [HL] Committee (1st Day) ..................................................................................................1219 Syria: Refugees and Counterterrorism Statement......................................................................................................................1246 Energy Bill [HL] Committee (1st Day) (Continued).............................................................................1267 Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 Motion to Regret.........................................................................................................1287 Grand Committee Misuse of Drugs Act (Temporary Class Drug) (No. 2) Order -
Pension Schemes Act 1993 (C. 48) Contents
(SD531/95) Pension Schemes Act 1993 (c. 48) Contents The Pension Schemes Act 1993 (Application) Order 1995 (SD531/95) was made 25 October 1995 and approved by Tynwald 12 December 1995. Article 2(1) of that Order provides that in that Order “the applied legislation” means the Pension Schemes Act 19931 and paragraphs 56 to 58 of Schedule 1 to the Social Security (Incapacity for Work) Act 19942 which amends the Pension Schemes Act 1993, and are set out in the Schedule to the Order. Article 1(1) provides that the Order subject to section 1(4) of the Pension Schemes Act 1995 and to paragraph (2), shall come into operation on 1st January 1996. Article 1(2) provides that subject to paragraph (3), except so far as it imposes any penalty or increased penalty in respect of anything done or omitted to be done before the date mentioned in paragraph (1), any provision of this Order applying any legislation of the United Kingdom to the Island shall be deemed to have had effect from the day on which that legislation had effect in Great Britain. Article 1(3) provides that any provision of this Order applying any provision of legislation of the United Kingdom, so far as the latter repeals any provision of legislation of the United Kingdom imposing a penalty for any contravention (a “penal provision”), shall have effect from the date specified in paragraph (1) as if the penal provision related to a contravention of the corresponding provision of the applied legislation3. PENSION SCHEMES ACT 1993 CHAPTER 48 ARRANGEMENT OF SECTIONS Part I - Preliminary 1. -
The Air Navigation Order 2009
Status: This is the original version (as it was originally made). UK Statutory Instruments are not carried in their revised form on this site. STATUTORY INSTRUMENTS 2009 No. 3015 CIVIL AVIATION The Air Navigation Order 2009 Made - - - - 17th November 2009 Laid before Parliament 24th November 2009 Coming into force in accordance with article 1 This Order is made in exercise of the powers conferred by sections 60 (other than sub-section (3) (r)), 61, 77 and 101 of and Schedule 13 to the Civil Aviation Act 1982(1), section 35 of the Airports Act 1986(2) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(3). This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to Her Majesty that it is expedient for certain references to provisions of a Community instrument to be construed as a reference to those provisions as amended from time to time. Her Majesty, by and with the advice of Her Privy Council, orders as follows: Citation and Commencement 1.—(1) This Order may be cited as the Air Navigation Order 2009 and, subject to paragraph (2), comes into force on 1st January 2010. (2) Article 176 comes into force on 1st April 2010. Revocation 2. The Orders and Regulations listed in Schedule 1 are revoked to the extent there specified. (1) 1982 c.16; sections 60 and 61 have been amended by the Airports Act 1986 c.31, section 83(5) and Schedule 6 Part II. -
Smart Meters Bill Explanatory Notes
SMART METERS BILL EXPLANATORY NOTES What these notes do These Explanatory Notes relate to the Smart Meters Bill as introduced in the House of Commons on 18 October 2017 (Bill 113). These Explanatory Notes have been prepared by BEIS in order to assist the reader . They do not form part of the Bill and have not been endorsed by Parliament. These Explanatory Notes explain what each part of the Bill will mean in practice; provide background information on the development of policy; and provide additional information on how the Bill will affect existing legislation in this area. These Explanatory Notes might best be read alongside the Bill. They are not, and are not intended to be, a comprehensive description of the Bill. Bill 113–EN 57/1 Table of Contents Subject Page of these Notes Overview of the Bill/Act 2 Policy background 2 Extension of powers 2 Special administration regime 3 Legal background 3 Territorial extent and application 4 Commentary on provisions of Bill/Act 5 Clause 1: Smart meters: extension of time for exercise of powers 5 Clause 2: Smart meter communication licensee administration orders 5 Clause 3: Objective of a smart meter communication licensee administration 5 Clause 4: Application of certain provisions of the Energy Act 2004 6 Clause 5: Conduct of administration, transfer scheme, etc. 7 Clause 6: Modifications of particular or standard conditions 7 Clause 7: Licence conditions to secure funding of smart meter communication licensee administration 8 Clause 8: Modifications under the Enterprise Act 2002 8 Clause -
Draft Occupational and Personal Pension Schemes (Disclosure Of
STATUTORY INSTRUMENT S 2022 No. PENSIONS Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations 2022 Made - - - - *** Laid before Parliament *** Coming into force - - 6th April 2022 The Secretary of State, in exercise of the powers conferred by sections 113(1) and (3), 181(1) to (3) and 183(1) of the Pension Schemes Act 1993(a), makes the following Regulations. In accordance with section 185(1) of the Pension Schemes Act 1993(b), the Secretary of State has consulted such persons as the Secretary of State considers appropriate. Citation and commencement 1.—(1) These Regulations may be cited as the Occupational and Personal Pension Schemes (Disclosure of Information) (Amendment) Regulations 2022 and come into force on 6th April 2022. Amendment of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 2.—(1) Regulation 17 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013 (statement of benefits: money purchase benefits)(c) is amended as follows. (2) After paragraph (10) insert— “(11) Paragraph (12) applies where— (a) information must be given in accordance with paragraph (1) by the trustees or managers of a qualifying scheme to a member, and (b) the qualifying scheme is a scheme under which all the benefits which may be payable are money purchase benefits. (12) Where this paragraph applies— (a) 1993 c. 48. Section 113(1) was amended by section 52(1) of the Child Support, Pensions and Social Security Act 2000, and is amended by section 38(1) and (2) of the Pension Schemes Act 2015 (c. 8) (“the 2015 Act”); section 113(5) to (7) was inserted by section 44(1) of the Pensions Act 2014 (c. -
Collective Money Purchase Schemes) Regulations 2021
Draft Regulations laid before Parliament under section 54(2)(g) of the Pensions Act 2014 and section 51(5) of the Pension Schemes Act 2021, for approval by resolution of each House of Parliament. DRAFT STATUTORY INSTRUMENTS 2021 No. PENSIONS The Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2021 Made - - - - *** Coming into force - - *** CONTENTS PART 1 Introductory provision 1. Citation and Commencement 2. Interpretation and notices 3. Connected employers PART 2 Schemes divided into sections 4. Qualifying schemes 5. Schemes divided into sections PART 3 Authorisation 6. Authorisation: contents 7. Application for authorisation: fee 8. Fit and proper persons requirement 9. Scheme design requirement: viability certificate 10. Scheme design requirement: viability report 11. Scheme design requirement 12. Financial sustainability requirement 13. Communication requirement 14. Systems and processes requirement 15. Continuity strategy: contents 16. Continuity strategy: administration charges PART 4 Valuation and benefit adjustment 17. Calculation of benefits 18. Advice of the scheme actuary 19. Actuarial valuation 20. Reporting requirements relating to benefit adjustments 21. Powers of the pensions regulator PART 5 Ongoing supervision 22. Supervisory return: contents 23. Significant events 24. Risk notices PART 6 Triggering events and continuity options 25. Triggering events: notification requirements 26. Implementation strategy: approval 27. Implementation strategy: charges 28. Implementation strategy: content 29. Continuity option 1: discharge of liabilities and winding up 30. Continuity option 2: resolving the triggering event 31. Continuity option 3: conversion to closed scheme 32. Periodic reporting requirement 33. Pause orders 34. Administration charges during a triggering event period PART 7 Collective money purchase benefits – amendments to secondary legislation 35. -
Pension Schemes Bill Delegated Powers
Pension Schemes Bill Delegated Powers Memorandum from DWP to the Delegated Powers and Regulatory Reform Committee June 2014 Pension Schemes Bill Delegated Powers Contents Introduction................................................................................................................. 3 Background and Summary ......................................................................................... 4 Analysis of delegated powers by clause..................................................................... 7 Annex – Delegated powers in the Pension Schemes Bill ......................................... 30 Pension Schemes Bill Delegated Powers Introduction 1. The Pension Schemes Bill was introduced in the House of Commons on 26th June 2014. 2. This memorandum identifies the provisions for delegated legislation in the Bill. It explains the purpose of the powers, the reasons why they are left to delegated legislation, the Parliamentary procedure selected for the exercise of these powers and why that procedure has been chosen. 3. The Department has followed the precedent in pensions legislation by setting out the overall legislative framework on the face of the Bill but giving the Secretary of State the power to make detailed provision in secondary legislation. This is due partly to the fact that it is considered inappropriate for Parliamentary time to be spent on every detailed provision during the passage of the Bill, but is also a reflection of the fact that the content of such provisions may change from time to time. It is desired to avoid amending the primary legislation on each such occasion. However, both the initial provisions and any subsequent changes will be subject to what are considered to be appropriate Parliamentary safeguards. 3 Pension Schemes Bill Delegated Powers Background and Summary 4. In November 2013, the Government published a consultation paper, Reshaping workplace pensions for future generations, which outlined broad proposals for encouraging greater innovation and risk-sharing in private pension arrangements in the UK. -
Pension Schemes Act 1993
Pension Schemes Act 1993 CHAPTER 48 LONDON: HMSO Pension Schemes Act 1993 CHAPTER 48 IA Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.j ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Categories of pension schemes. PART II ADMINISTRATION The Occupational Pensions Board 2. Constitution and functions of the Board. 3. Membership of the Board. 4. Reports of the Board. 5. Further provisions as to constitution and procedure of the Board. Registration of schemes 6. Registration of occupational and personal pension schemes. PART III CERTIFICATION OF PENSION SCHEMES AND EFFECTS ON MEMBERS' STATE SCHEME RIGHTS AND DUTIES CHAPTER I CERTIFICATION Preliminary 7. Issue of contracting-out and appropriate scheme certificates. 8. Meaning of "contracted-out employment", "guaranteed minimum pension" and "minimum payment". General requirements for cation 9. Requirements for certification of schemes: general. c. 48 Pension Schemes Act 1993 Section 10. Protected rights and money purchase benefits. 11. Elections as to employments covered by contracting-out certificates. 12. Determination of basis on which scheme is contracted-out. Requirements for cation of occupational pension schemes providing guaranteed minimum pensions 13. Minimum pensions for earners. 14. Earner's guaranteed minimum. 15. Increase of guaranteed minimum where commencement of guaranteed minimum pension postponed. 16. Revaluation of earnings factors for purposes of s. 14: early leavers etc. 17. Minimum pensions for widows and widowers. 18. Treatment of insignificant amounts. 19. Discharge of liability where guaranteed minimum pensions secured by insurance policies or annuity contracts. 20. Transfer of accrued rights. -
Pension Schemes Bill [HL]
[NOTE: The words marked in bold type were inserted by the Lords to avoid questions of privilege.] Pension Schemes Bill [HL] EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Work and Pen- sions, have been ordered to be published as Bill 165–EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary Thérèse Coffey has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Pension Schemes Bill [HL] are compatible with the Convention rights. Bill 165 58/1 Pension Schemes Bill [HL] CONTENTS PART 1 COLLECTIVE MONEY PURCHASE BENEFITS Definitions 1 Collective money purchase benefits and schemes 2 Qualifying benefits 3 Qualifying schemes 4 Qualifying schemes: supplementary 5 Schemes divided into sections 6 Amendment of definitions of “money purchase benefits” etc Authorisation 7 Authorisation of collective money purchase schemes 8 Application for authorisation 9 Decision on application 10 Reference to Tribunal of refusal to grant authorisation Authorisation criteria 11 Fit and proper persons requirement 12 Scheme design requirement 13 Viability report 14 Financial sustainability requirement 15 Communication requirement 16 Systems and processes requirements 17 Continuity strategy requirement Valuation and benefit adjustment 18 Calculation of benefits 19 Advice of scheme actuary 20 Actuarial valuations 21 Certificate that actuarial valuation prepared in accordance with scheme rules 22 Benefits adjustments 23 Powers of the Pensions Regulator Bill 165 58/1 ii Pension -
Pensions Act 2008
Pensions Act 2008 CHAPTER 30 CONTENTS PART 1 PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS CHAPTER 1 EMPLOYERS’ DUTIES Jobholders 1 Jobholders Employers’ duties 2 Continuity of scheme membership 3Automatic enrolment 4 Postponement of automatic enrolment 5 Automatic re-enrolment 6 Timing of automatic re-enrolment 7 Jobholder’s right to opt in 8 Jobholder’s right to opt out Duty in relation to workers without qualifying earnings 9 Workers without qualifying earnings Supplementary provision about the duties 10 Information to be given to workers 11 Information to be given to the Pensions Regulator 12 Introduction of employers’ duties ii Pensions Act 2008 (c. 30) Qualifying earnings 13 Qualifying earnings 14 Review of qualifying earnings band 15 Pay reference period Qualifying schemes and automatic enrolment schemes 16 Qualifying schemes 17 Automatic enrolment schemes 18 Occupational pension schemes 19 Personal pension schemes Quality requirements 20 Quality requirement: UK money purchase schemes 21 Quality requirement: UK defined benefits schemes 22 Test scheme standard 23 Test scheme 24 Quality requirement: UK hybrid schemes 25 Quality requirement: non-UK occupational pension schemes 26 Quality requirement: UK personal pension schemes 27 Quality requirement: other personal pension schemes 28 Sections 20, 24 and 26: certification that quality requirement is satisfied Transitional 29 Transitional periods for money purchase and personal pension schemes 30 Transitional period for defined benefits and hybrid schemes Miscellaneous 31 Effect of freezing order or assessment period 32 Power of trustees to modify by resolution 33 Deduction of contributions CHAPTER 2 COMPLIANCE Effect of failure to comply 34 Effect of failure to comply Compliance notices and unpaid contributions notices 35 Compliance notices 36 Third party compliance notices 37 Unpaid contributions notices 38 Calculation and payment of contributions 39 Meaning of “relevant contributions” Penalty notices 40 Fixed penalty notices Pensions Act 2008 (c. -
House of Lords Official Report
Vol. 709 Monday No. 52 23 March 2009 PARLIAMENTARY DEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT ORDER OF BUSINESS Introduction: The Lord Bishop of Bradford Questions Schools: Performance Tables Vehicles: Tax and Duty Housing: Home Information Packs Railways: Franchises Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls &c.) Order 2009 Renewables Obligation Order 2009 Motions to Approve Local Democracy, Economic Development and Construction Bill [HL] Report (Second Day) European Council: 19-20 March 2009 Statement Constitution: Rights and Responsibilities Statement Local Democracy, Economic Development and Construction Bill [HL] Report (Second Day) (continued) NHS: Doctors Question for Short Debate Local Democracy, Economic Development and Construction Bill [HL] Report (Second Day) (continued) Grand Committee Ten Statutory Instruments Debated Written Statements Written Answers For column numbers see back page £3·50 Lords wishing to be supplied with these Daily Reports should give notice to this effect to the Printed Paper Office. The bound volumes also will be sent to those Peers who similarly notify their wish to receive them. No proofs of Daily Reports are provided. Corrections for the bound volume which Lords wish to suggest to the report of their speeches should be clearly indicated in a copy of the Daily Report, which, with the column numbers concerned shown on the front cover, should be sent to the Editor of Debates, House of Lords, within 14 days of the date of the Daily Report. This issue of the Official Report is also available on the Internet at www.publications.parliament.uk/pa/ld200809/ldhansrd/index/090323.html PRICES AND SUBSCRIPTION RATES DAILY PARTS Single copies: Commons, £5; Lords £3·50 Annual subscriptions: Commons, £865; Lords £525 WEEKLY HANSARD Single copies: Commons, £12; Lords £6 Annual subscriptions: Commons, £440; Lords £255 Index—Single copies: Commons, £6·80—published every three weeks Annual subscriptions: Commons, £125; Lords, £65. -
Sec(2008)0475
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 11.4.2008 SEC (2008) 475 COMMISSION STAFF WORKING DOCUMENT on implementation of Article 8 and related provisions of Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer, concerning supplementary company or inter-company pension schemes outside the national statutory social security schemes EN EN COMMISSION STAFF WORKING DOCUMENT on implementation of Article 8 and related provisions of Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer, concerning supplementary company or inter-company pension schemes outside the national statutory social security schemes 1. INTRODUCTION Directive 80/987/EEC1 provides for protecting employees’ rights in the event of the insolvency of their employer, in particular in order to guarantee payment of their outstanding claims (wages, pensions and other benefits). It was extended and adapted by Directive 2002/74/EC2 to cover insolvency proceedings other than liquidation also and to give legal certainty in the event of insolvency of transnational undertakings. Article 8 of Directive 80/987/EEC, which was not affected by the 2002 revision, concerns old-age benefits, including survivors’ benefits, under supplementary company or inter-company pension schemes outside the national statutory social security schemes. All the Member States are facing the social and economic effects of ageing. Many have launched pension reform strategies giving an increasingly important role to occupational pension schemes and other forms of privately managed schemes.