Schedule 16 - Appeal against refusal to issue civil partnership schedule

Civil Partnership Bill [Lords] – in a Public Bill Committee at 1:15 am on 26th October 2004.

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Amendments proposed: No. 44, in schedule 16, page 252, line 46, leave out sub-paragraph (3).

No. 45, in schedule 16, page 253, line 1, after 'under' insert 'paragraph 22 or'.

No. 46, in schedule 16, page 253, line 4, after 'under' insert 'paragraph 22 or'.

No. 47, in schedule 16, page 253, line 14, at end insert—

Pension protection fund compensation etc.

PPF compensation to be included in matters to which court is to have regard

24A (1) The matters to which a court is to have regard under paragraph 16(2)(a) include any PPF compensation to which a civil partner is or is likely to be entitled; and, accordingly, in relation to any PPF compensation paragraph 16(2)(a)(ii) has effect as if ''in the foreseeable future'' were omitted.

(2) The matters to which a court is to have regard under paragraph 16(2)(h) include any PPF compensation which, because of the making of a dissolution or nullity order, a civil partner will lose the chance of acquiring entitlement to.

(3) In this Part ''PPF compensation'' means compensation payable under—

(a) Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection), or

(b) corresponding Northern Ireland legislation.

Assumption of responsibility by PPF Board in paragraph 20(2) cases

24B (1) This paragraph applies to an order under Part 1 so far as it includes provision made by virtue of paragraph 20(2) which—

(a) imposed requirements on the trustees or managers of an occupational pension scheme for which the Board has assumed responsibility, and

(b) was made before the trustees or managers received the transfer notice.

(2) From the time the trustees or managers of the scheme receive the transfer notice, the order has effect—

(a) except in descriptions of case prescribed by regulations, with the modifications set out in sub-paragraph (3), and

(b) with such other modifications as may be prescribed by regulations.

(3) The modifications are that—

(a) references in the order to the trustees or managers of the scheme have effect as references to the Board, and

(b) references in the order to any pension or lump sum to which the civil partner with pension rights is or may become entitled under the scheme have effect as references to any PPF compensation to which that person is or may become entitled in respect of the pension or lump sum.

Assumption of responsibility by PPF Board in paragraph 20(5) cases

24C (1) This paragraph applies to an order under Part 1 if—

(a) it includes provision made by virtue of paragraph 20(5) which requires the civil partner with pension rights to exercise his right of commutation under an occupational pension scheme to any extent, and

(b) before the requirement is complied with the Board has assumed responsibility for the scheme.

(2) From the time the trustees or managers of the scheme receive the transfer notice, the order has effect with such modifications as may be prescribed by regulations.

Lump sums: power to modify paragraph 21 in respect of assessment period

24D Regulations may modify paragraph 21 in its application to an occupational pension scheme during an assessment period in relation to the scheme.

Assumption of responsibility by the Board not to affect power of court to vary order etc.

24E (1) This paragraph applies where the court makes, in relation to an occupational pension scheme—

(a) a pension sharing order, or

(b) an order including provision made by virtue of paragraph 20(2) or(5).

(2) If the Board subsequently assumes responsibility for the scheme, that does not affect—

(a) the powers of the court under paragraph 38 to vary or discharge the order or to suspend or revive any provision of it;

(b) on an appeal, the powers of the appeal court to affirm, reinstate, set aside or vary the order.

Regulations

24F Regulations may make such consequential modifications of any provision of, or made by virtue of, this Schedule as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of this Part.

24G (1) In this Part ''regulations'' means regulations made by the Lord Chancellor.

(2) A power to make regulations under this Part is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573(N.I.12)).

(3) Regulations under this Part are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c.36) applies accordingly.

Interpretation

24H (1) In this Part—

''assessment period'' means—

(a) an assessment period within the meaning of Part 2 of the Pensions Act 2004 (pension protection), or

(b) an equivalent period under corresponding Northern Ireland legislation;

''the Board'' means the Board of the Pension Protection Fund;

''the civil partner with pension rights'' has the meaning given by paragraph 24(1);

''occupational pension scheme'' has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (c.49);

''transfer notice'' has the same meaning as in—

(a) Chapter 3 of Part 2 of the 2004 Act, or

(b) corresponding Northern Ireland legislation.

(2) References in this Part to the Board assuming responsibility for a scheme are to the Board assuming responsibility for the scheme in accordance with—

(a) Chapter 3 of Part 2 of the 2004 Act (pension protection), or

(b) corresponding Northern Ireland legislation.'.—[Jacqui Smith.]

Question put, That the amendments be made:—

The Committee divided: Ayes 10, Noes 2.

Division number 69 Adults Abused in Childhood — Schedule 16 - Appeal against refusal to issue civil partnership schedule

Aye: 10 MPs

No: 2 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

Question accordingly agreed to.

Motion made, and Question put, That this schedule, as amended, be the Sixteenth schedule to the Bill, and that schedule 17 be the Seventeenth schedule to the Bill.

The Committee divided: Ayes 10, Noes 2

Division number 70 Adults Abused in Childhood — Schedule 16 - Appeal against refusal to issue civil partnership schedule

Aye: 10 MPs

No: 2 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

Question accordingly agreed to.

Schedule 16, as amended, and schedule 17 agreed to.