Pension Protection Fund (Moratorium and Arrangements and Reconstructions for Companies in Financial Difficulty) Regulations 2020

Lord Flight Excerpts

Monday 14th September 2020 Grand Committee

[Lord Flight (Con)]

The Pension Protection Fund provides compensation and reconstruction arrangements for businesses in financial difficulties. The PPF can also provide compensation to members whose employers are in difficulties. These regulations allow the PPF to intervene to protect its interests where businesses are in a moratorium introduced by the Corporate Insolvency and Governance Act 2020.

An urgent procedure is justified as there is an ongoing risk that a business could obtain a moratorium from its creditors or otherwise exclude the PPF. Under the Insolvency Act 1986 and the Companies Act 2006, the PPF has powers to exercise its right as a creditor during an assessment period following an insolvency event. These terms are defined by the Pensions Act 2004. The moratoriums and restructuring plan introduced by CIGA are, however, not qualifying insolvency events under the 2004 Act. As a result, the PPF lacks the necessary negotiating powers. The regulations are designed to remedy this so that the PPF can exercise creditor rights in a CIGA moratorium or restructuring plan.

The House of Lords Secondary Legislation Scrutiny Committee and the Joint Committee on Statutory Instruments have both considered the new regulations and did not raise any concerns. The House of Commons debated the instrument on 7 September, when Guy Opperman said that the regulations were vital for the continuance of the new insolvency regime. I understand that the Labour Party supported the measures, and on 8 September the instrument was approved by the House of Commons without further debate.

The Government introduced the amendments to the PPF on 21 July; they are subject to the “made affirmative” procedure and came into force on 23 July. The amendments are concerned with bringing co-operatives, community benefit societies and credit unions into the scope of the regulations. The PPF regulations need amending so that the PPF can intervene in such organisations. The amending instrument has not yet been considered by the Joint Committee on Statutory Instruments or the House of Commons. The approval period ends on 1 October.

The widening of the scope for the PPF to be involved in sorting out insolvencies makes sense as it has the expertise so to do. I simply raise a modest flag about the cost of levies where there are already criticisms and it is not reasonable to impose charges of increasing size on pension funds that have no problems to solve.

[The Deputy Chairman of Committees (Lord Palmer of Childs Hill) (LD)]

My Lords, I call the next speaker, the noble Baroness, Lady Wheatcroft. Baroness Wheatcroft? We will come back if we have to. I call the noble Lord, Lord Bourne of Aberystwyth.