Major Capital Contracts (Skills Training Requirements) – in the House of Commons at 7:15 pm on 2 March 2010.
Amendment proposed: 64, page 78, line 9, leave out sub-paragraphs (2) to (4) and insert-
'Number and composition of trustees
1A (1) The following are to be the trustees of the Fund-
(a) one person appointed by the IPSA after consulting the Minister for the Civil Service and the persons who are already trustees of the Fund,
(b) one person appointed by the Minister for the Civil Service after consulting the IPSA and the persons who are already trustees of the Fund, and
(c) 8 persons nominated and selected in accordance with arrangements under paragraph 1B ("member-nominated trustees").
(2) Paragraphs 44 and 45 make transitional provision about the trustees of the Fund.
Member-nominated trustees
1B (1) The trustees of the Fund must make arrangements for the nomination and selection of member-nominated trustees.
(2) The arrangements must provide for the member-nominated trustees to be-
(a) nominated as the result of a process in which all the members of a scheme under paragraph 7 and all the members of a scheme under paragraph 11 are eligible to participate, and
(b) selected as the result of a process in which all those persons are eligible to participate.
(3) The arrangements must-
(a) include provision for the nomination and selection process to take place within a reasonable period of any vacancy arising,
(b) include provision, where a vacancy is not filled because insufficient nominations are received, for the nomination and selection process to be repeated at reasonable intervals until the vacancy is filled, and
(c) include provision that, where the IPSA or the Minister for the Civil Service so requires, a person who is not a member of a scheme under paragraph 7 and is not a member of a scheme under paragraph 11 must have the approval of the IPSA or the Minister for the Civil Service to qualify for selection as a member-nominated trustee.
(4) The arrangements may include provision that where the number of nominations received is equal to or less than the number of vacancies, the nominees are to be treated as selected (subject to sub-paragraph (3)(c)).
Remuneration
1C (1) The IPSA may provide for remuneration and allowances to be payable to the trustees of the Fund.
(2) Any such remuneration and allowances are to be paid from the assets of the Fund.
Resignation and removal of trustees
1D (1) A person appointed as a trustee of the Fund by the IPSA under paragraph 1A(1)(a)-
(a) may resign by giving written notice to the IPSA, and
(b) may be removed by the IPSA after consulting the Minister for the Civil Service and all the other trustees of the Fund.
(2) A person appointed as a trustee of the Fund by the Minister for the Civil Service under paragraph 1A(1)(b)-
(a) may resign by giving written notice to the Minister for the Civil Service, and
(b) may be removed by the Minister for the Civil Service after consulting the IPSA and all the other trustees of the Fund.
(3) A person who is a member-nominated trustee-
(a) may resign by giving written notice to the other trustees of the Fund, and
(b) may be removed by all the other trustees of the Fund acting together.
Proceedings
1E (1) Subject to any provision contained in a scheme under paragraph 3 because of paragraph 3(1)(c), the trustees of the Fund may determine their own procedure.
(2) The validity of any proceedings of the trustees of the Fund is not affected by-
(a) a vacancy among the trustees, or
(b) a defect in the appointment of a trustee.'.- (Mr. Straw.)
Amendments made to amendment 64: (a), in paragraph 1B(2)(b), after 'which', insert 'some or'.
Amendment (b), in paragraph 1C(1), after 'may', insert
'with the consent of the Treasury'.- (Sir John Butterfill.)
Amendment 64, as amended, agreed to.
Amendment made: 90, page 79, line 2, at end insert-
'(bb) the indemnification of the trustees (and former trustees) of the Fund'.- (Sir John Butterfill.)
Amendments made: 65, page 79, line 3, leave out 'number, qualification and'.
Amendment 66, page 79, line 19, at beginning insert-
'( ) The IPSA may make a scheme under paragraph 3 only with the consent of the trustees of the Fund.'.
Amendment 67, page 79, line 22, leave out paragraph (c).
Amendment 68, page 79, line 28, leave out paragraph (a).
Amendment 69, page 80, line 22, leave out from 'with the' to 'make' in line 23 and insert 'relevant consents,'.
Amendment 70, page 80, line 24, at end insert-
'(1A) The "relevant consents" means-
(a) if the result of making the provision is that the amount of the Exchequer contribution in respect of any financial year is less than it otherwise would be, the consent of the Treasury, the Minister for the Civil Service and the trustees of the Fund, and
(b) otherwise, the consent of the Treasury and the Minister for the Civil Service.'.
Amendment 71, page 80, line 28, after '(a)' insert
'(if sub-paragraph (1A)(a) does not apply)'.
Amendment 72, page 80, line 28, after 'Fund,' insert-
'( ) the Government Actuary,'.
Amendment 73, page 81, line 24, after 'as' insert 'in service as'.- (Mr. Straw.)
Amendments made: 94, page 82, line 6, leave out 'the provision specified in paragraph 24(2)' and insert-
'(i) the provision specified in paragraph 21(1), unless with the consent of the trustees of the Fund,
(ii) the provision specified in paragraph 26, unless with the consent of the trustees of the Fund, and
(iii) the provision specified in paragraph 24(2)'.
Amendment 95, page 83, line 24, at end insert
', except the provisions specified in paragraphs 21(1) and 26 unless with the consent of the trustees of the Fund'.
Amendment 93, page 84, line 16, after 'puts', insert '(or might put)'.- (Sir John Butterfill.)
Amendments made: 74, page 84, line 18, leave out from 'if' to end of line 28 and insert-
'(a) the trustees of the Fund consent to the new scheme making the provision, and
(b) the person making the new scheme is satisfied that the consent requirement is met.
(4) The consent requirement is met if under the new scheme the provision has effect in relation to an accrued right only with the written consent, given in accordance with sub-paragraph (4A), of-
(a) the person ("P") in respect of whose service the right has accrued, or
(b) if P is dead, the persons ("the survivors") who because of the accrued right are entitled, or may become entitled, to a pension or the benefit of any pension.
(4A) Consent is given in accordance with this sub-paragraph if it is given after the person making the scheme has given P (or the survivors)-
(a) information in writing which adequately explains the nature of the provision and its effect,
(b) notice in writing that they may make representations about the provision,
(c) an adequate opportunity to make such representations, and
(d) notice in writing that the provision has effect in relation to the accrued right only with their written consent.
(4B) Consent may be given by a person acting on behalf of P (or the survivors); and the references in sub-paragraph (4A) to P (or the survivors) include a person acting on their behalf.'.
Amendment 75, page 84, line 29, leave out '(3)(a)' and insert '(4)(a)'.- (Mr. Straw.)
Amendment proposed: 76, page 84, line 36, leave out sub-paragraphs (2) and (3) and insert-
'(2) "Accrued right", in relation to a provision of the new scheme, means a right or entitlement to or in respect of a pension or future pension payable out of the Fund which has accrued in respect of service before the provision comes into force.
(3) If the person in respect of whose service the right or entitlement has accrued is in service when the provision comes into force, the right or entitlement is to be determined as if the person left service immediately before then.'.- (Mr. Straw.)
Amendments made to amendment 76: (a), after 'means a right', insert '(including a contingent right)'.
Amendment (c), leave out sub-paragraph (3).- (Sir John Butterfill.)
Amendment 76, as amended, agreed to.
Amendments made: 77, page 85, line 4, leave out paragraph (a).
Amendment 78, page 85, line 8, leave out paragraph (a).
Amendment 79, page 85, line 12, leave out sub-paragraph (6).
Amendment 80, page 85, line 31, at end insert-
'( ) For the purposes of this Schedule "member"-
(a) in relation to a scheme under paragraph 7, means a person with service as a member of the House of Commons who, in respect of that service, has a right or entitlement under the scheme to a pension or future pension payable out of the Fund, and
(b) in relation to a scheme under paragraph 11 , means a person with service to which that paragraph applies who, in respect of that service, has a right or entitlement under the scheme to a pension or future pension payable out of the Fund.'.
Amendment 81, page 85, line 35, at end insert-
'"member-nominated trustee" has the meaning given by paragraph 1A;'.
Amendment 82, page 90, line 38, leave out from beginning to 'may' in line 41 and insert-
'(1) The existing regulations have effect (subject to any provision in an order under section 89 of this Act)-
(a) so far as they relate to matters which could be contained in a scheme made by the IPSA under paragraph 3, as if they were a scheme made by the IPSA under that paragraph,
(b) so far as they relate to matters which could be contained in a scheme made by the IPSA under paragraph 7, as if they were a scheme made by the IPSA under that paragraph, and
(c) so far as they relate to matters which could be contained in a scheme made by the Minister for the Civil Service under paragraph 11, as if they were a scheme made by the Minister under that paragraph.
(2) An order under section 89 or 90 of this Act'.
Amendment 83, page 91, line 8, leave out 'The order' and insert
'An order under section 89 or 90 of this Act'.
Amendment 84, page 91, line 16, leave out 'The order' and insert
'An order under section 89 or 90 of this Act'.
Amendment 85, page 91, line 24, after 'means' insert 'the'.
Amendment 86, page 91, line 25, at end insert
'in force immediately before the date specified in an order made by a Minister of the Crown by statutory instrument.
( ) An order under sub-paragraph (8) may specify different dates for different purposes.'.
Amendment 87, page 92, line 4, leave out '1' and insert '1A to 1D'
Amendment 88, page 92, line 7, at end insert-
'( ) In paragraph 29(2) of Schedule 1 (interpretation) in the definition of "regulation functions" after "18(2)" insert "and (3)".
43 (1) An order under section 13 of the Parliamentary Standards Act 2009 may make the provision mentioned in section 13(6) (provision for transfer schemes) in connection with this Schedule (as well as in connection with that Act).
(2) But for this purpose-
(a) the reference in section 13(6)(a) to matters dealt with by the rules is to be treated as a reference to matters which could be dealt with by a scheme under paragraph 3 or 7;
(b) section 13(6)(b) and (c) does not apply to property, rights and liabilities, or documents and information, held by or on behalf of the trustees of the Fund.
(3) Section 13(7) of that Act applies to a scheme made by virtue of section 13(6) and this paragraph.
Trustees of the Fund
44 (1) This paragraph applies if, under an order under section 90, paragraph 1A comes into force for the purpose of making an appointment under paragraph 1A(1)(a) or (b) before it comes into force for other purposes.
(2) The reference in paragraph 1A(1)(a) or (b) to the persons who are already trustees of the Fund is to the persons who are trustees of the Fund by virtue of section 1 of the Parliamentary and other Pensions Act 1987 (c. 45).
45 (1) In this paragraph "the transitional period" means the period of six months beginning with the day on which paragraph 1A comes into force (other than for the purpose of making an appointment under paragraph 1A(1)(a) or (b)).
(2) During the transitional period-
(a) paragraph 1A(1) applies as if for paragraph (c) there were substituted-
"(c) the persons who (by virtue of section 1 of the Parliamentary and other Pensions Act 1987) are the trustees of the Fund immediately before the beginning of the transitional period.", and
(b) paragraph 1D applies to persons who are trustees of the Fund because of paragraph (a) as if they were member-nominated trustees.
(3) But if a person who is a trustee of the Fund immediately before the beginning of the transitional period is appointed under paragraph 1A(1)(a) or (b) that person is not to be treated as being a trustee of the Fund because of sub-paragraph (2)(a).
(4) The trustees of the Fund must make arrangements (the "transitional arrangements") for 8 persons to be nominated and selected as member-nominated trustees before the end of the transitional period.
(5) Those persons become member-nominated trustees immediately after the end of the transitional period.
(6) Only persons who are trustees of the Fund immediately before the beginning of the transitional period may be nominated and selected as member-nominated trustees under the transitional arrangements.
(7) But if it is not possible to secure 8 member-nominated trustees from among those persons, the deficiency may be supplied by other persons.
(8) At the end of the transitional period any persons who-
(a) immediately before the end of that period, are trustees of the Fund because of sub-paragraph (2)(a), but
(b) have not been nominated and selected as member-nominated trustees,
cease to be trustees of the Fund.'.- (Mr. Straw.)
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