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Clause 45(1)(oa)
Regulations
Mr Chairman, I move the amendment as set out in para. (b) of my amendments to clause 45(1) indicated under my name in the paper circulated to Members.
The amendment will provide for a new sub-clause (oa) be added under clause 45(1) to the effect that rules may be made for the transfer or withdrawal of unclaimed benefits.
Clause 46
Amendment of Schedules
Mr Chairman,
I move that clause 46 be amended as set out under my name in the paper circulated to Members.
This amendment is related to my previous amendments to clauses 44 and 45. Government has always agreed that there shall be full consultation with Members of this Council when drawing up subsidiary legislation. To reflect this, I propose that clause 46 be amended to the effect that all notices made thereunder should be approved by positive resolution of the Legislative Council in accordance with clause 35 of the Interpretation and General Clauses Ordinance until such time as clause 6 of this Bill, which requires employers to arrange registered schemes for their employees and the self-employed to make parallel arrangements, is brought into operation in its entirety. We believe that it would not be possible for the Ordinance to be brought into effect until relevant items of subsidiary legislation, after being approved by this Council, are in place.