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Pensions Bill

moved Amendment No. 90B: 90B: Clause 31, page 14, line 15, leave out ““referred to in this Chapter as”” The noble Lord said: This group of minor and technical government amendments is designed to ensure that the compliance provisions achieve their intended effect. I will explain each of them briefly. Amendments Nos. 90L, 92H, 97D, 97E and 139A clarify meaning and correct minor exclusions. Clause 31 enables the Pensions Regulator to issue a compliance notice, which may require the employer to take steps to restore the jobholder’s position. Subsection (5) spells out what that means for defined benefit schemes. Amendment No. 90L extends the provisions of that subsection to hybrid schemes. It is right that subsection (5) should apply here because hybrid schemes are partly defined benefit in their structure. Clause 35 gives the Pensions Regulator the power to issue a fixed penalty notice to persons who fail to comply with the new employer duties and compliance or contributions notices. As drafted, Clause 35(5)(g) refers only to notifying, "““the employer of the review process””," and appeal rights, even though fixed penalty notices may also be issued to persons other than employers. Amendment No. 92H corrects that exclusion. Amendments Nos. 97D and 97E relate to Clause 41, which extends Section 80(1)(a) of the Pensions Act 2004. These amendments correct drafting to ensure that the extension of Section 80 is clearly expressed. Amendment No. 139A clarifies how Section 80 will be changed. Amendments Nos. 90B, 105A and 123A are drafting amendments to clarify references to the Pensions Regulator, while Amendments Nos. 90T and 91C are drafting amendments to clarify references to unpaid contributions. Finally, Amendment No 90N removes the power to make regulations about the application of the employer duties where an employer has been issued with a compliance notice. In its recent report, the Delegated Powers and Regulatory Reform Committee noted that, "““special provision for employers who are subject to compliance notices could almost certainly be achieved under the wide additional powers conferred by clause 116(3)””." We note and accept the recommendation of the committee and accordingly are making this amendment to implement it. I beg to move.