I move amendment No. 23:
In page 19, to delete line 46 and substitute the following:
"(b) made to the Board a report under section 83 or a voluntary report of any matter concerning the state and conduct of a scheme.
SECTION 33.
Amendment agreed to.
Section 33, as amended, agreed to.
SECTION 34.
I move amendment No. 24:
In page 20, to delete lines 25 to 33 and substitute the following:
"(e) is an investment business firm (within the meaning of section 2 of the Investment Intermediaries Act, 1995), and
(i) has advised on the scheme, or
(ii) has received any payment in relation to the investment of any of the resources of the scheme, or".
Amendment agreed to.
I move amendment No. 25:
In page 21, to delete lines 1 to 11 and substitute the following:
"83.—(1) Subject to subsection (2), where a relevant person has reasonable cause to believe that a material misappropriation or a fraudulent conversion of the resources of a scheme to which he is a relevant person has occurred, is occurring or is to be attempted, that person shall, as soon as practicable, give to the Board a report in writing of the particulars of the misappropriation or conversion, as the case may be.
(2) Subsection (1) does not apply to any belief formed as a result of information obtained before the passing of the Pensions (Amendment) Act, 1996.”.
Amendment agreed to.
I move amendment No. 26:
In page 21, between lines 36 and 37, to insert the following:
"(5) In a prosecution for an offence under subsection (3) in relation to a failure to comply with subsection (1) it shall be a defence for the accused to show that he was, in the ordinary scope of professional engagement as a barrister or solicitor, assisting or advising in the preparation of legal proceedings and would not have had reasonable cause to believe that a material misappropriation or a fraudulent conversion of the resources of the scheme had taken place if he had not been so assisting or advising.".
Amendment agreed to.
Amendment No. 27 not moved.
I move amendment No. 28:
In page 21, to delete lines 48 and 49 and substitute the following:
85.—For the purposes of the law of defamation, the publication by the Board of any report made to it—
(a) under section 83(1), or
(b) otherwise of any matter concerning the state and conduct of a scheme,
shall be absolutely privileged.'.".
Amendment agreed to.
Section 34, as amended, agreed to.