Pensions Bill

moved Amendment No. 39: 39: Clause 42, page 22, line 1, leave out subsection (4) and insert— ““( ) On a review of a notice, the effect of the notice is suspended for the period beginning when the Regulator determines to carry out the review and ending when the review is completed.”” The noble Lord said: My Lords, I will also speak to Amendment No. 40. Noble Lords may be aware that the House of Lords Select Committee on the Constitution wrote to us in June and expressed concern over the discretion afforded to the regulator by the Bill to choose whether to suspend the effect of a notice while an employer is seeking a review. The noble Lord, Lord Skelmersdale, tabled an amendment on this issue in Committee. The committee also asked about the lack of provision for a stay of proceedings where cases were being referred to the Pensions Regulator Tribunal. In light of those concerns, we committed to re-examine the review and appeals processes. On reflection, we agree that making the stay of proceedings mandatory would strengthen the safeguards offered by both the review and appeal processes. It would also provide further transparency and assurance for the regulated community. The amendments ensure that the effect of a notice will be suspended until any review or appeal of that notice is completed. I thank the noble Lord, Lord Skelmersdale, and the Constitution Committee for drawing our attention to this issue. I beg to move.