§ 134 Schedule 5, page 45, line 22, leave out ', there shall be added at the end' and insert:
- (a) in paragraph (c) for "within the meaning of the Wages Councils Act 1979" there shall be substituted ", namely any enactment, rules, deed or other instrument providing for the payment of annuities or lump sums—
- (i) to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or
- (ii) to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise, whether with or without any further or other benefit;"; and
- (b) at the end there shall be added—'.
§ The Lord Chancellor
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 134. This amendment is intended to deal with the effect of the Debtors (Scotland) Act 1897. The purpose of it is to ensure that the obsolete reference in that Act to the now repealed Wages Council Act 1979 is removed and replaced with a definition of a superannuation scheme for the purposes of determining the debtor's net earnings; that is, the debtor's net pay capable of being subject to an earnings arrestment. In my submission, that is important to make effective the basis to which the formula is applied in this case.
§ Moved, That the House do agree with the Commons in their Amendment No. 134.—(The Lord Chancellor.)
§ Lord Renton
My Lords, it is difficult to see what this amendment has to do with child support, although one sees that it makes clear certain provisions of the 1987 Act, to which my noble and learned friend referred. At this late hour I do not press him to explain the connection. We all admire the stamina, patience and application that he has revealed for the past six-and-a-half hours. I hope that neither he nor your Lordships will ever again have to undergo a similar experience.
§ The Lord Chancellor
My Lords, I am grateful to my noble friend for his kind remarks. It would be fair for me to share his hope with regard to the future. With regard to this specific definition, it is important for the basis of the formula that it be expressed correctly and that is why it is included in the Bill.
§ On Question, Motion agreed to.
§ 11 p.m.