All 2 Alex Davies-Jones contributions to the Dormant Assets Act 2022

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Tue 11th Jan 2022
Mon 31st Jan 2022
Dormant Assets Bill [Lords]
Commons Chamber

Report stage & Report stage

Dormant Assets Bill [ Lords ] (First sitting) Debate

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Department: Department for Digital, Culture, Media & Sport

Dormant Assets Bill [ Lords ] (First sitting)

Alex Davies-Jones Excerpts
Nigel Huddleston Portrait The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)
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It is a pleasure to serve under your chairmanship for the first time, Ms Ghani. I am sure you will keep us all in order.

I thank colleagues on both sides of the Chamber, and indeed in the other place, for the co-operative and constructive way in which we have proceeded so far with the Bill. There is broad support across the House for the Bill, and although there are some areas of disagreement, I am aware that they tend to be on details of implementation, rather than on the substance, purpose or intent of the Bill. To that extent, I will commit to moving at speed on the non-controversial parts of the Bill while ensuring that there is opportunity for discussion. Indeed, hopefully I will be able to address colleagues’ questions and concerns, some of which I am aware of already. I am sure that others will come up during the course of our discussions.

Clause 1 provides an overview of the operation of the scheme, which enables eligible participants to transfer money from dormant assets to an authorised reclaim fund. Having determined how much it must retain in order to meet any future reclaims, the reclaim fund distributes the surplus to the national lottery community fund, in accordance with part 1 of the Dormant Bank and Building Society Accounts Act 2008. The clause confirms that the scheme will be expanded as a whole, encompassing the new assets alongside bank and building society accounts while ensuring that this does not affect the continued operation of the provisions in the 2008 Act.

Subsection (3) sets out the main features of the dormant asset scheme, which mirror those specified in the 2008 Act. For example, beneficial owners can always reclaim the full amount owed to them. Participants transfer the dormant money to the reclaim fund, and owners therefore engage with participants, rather than the reclaim fund, in order to make a reclaim. The clause also confirms that relevant activities can be undertaken by anyone acting on the institution’s behalf. For example, an insurance provider can outsource tracing exercises to a tracing agency working to find the owner on its behalf.

Alex Davies-Jones Portrait Alex Davies-Jones (Pontypridd) (Lab)
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I am grateful to be able to respond to this important Bill on behalf of the Opposition, alongside my hon. Friend the Member for Manchester, Withington.

I remind colleagues that it was a Labour Government who in 2007 first brought forward two consultations into unclaimed assets residing in banks and building societies. This led to subsequent legislation that would allow for the release of these assets after efforts were made to find their owners. The scheme was first established in 2008 by Labour through the Dormant Bank and Building Society Accounts Act 2008. The scheme has proved to be a huge success, with around £745 million being distributed to good causes across the UK, with funding for the devolved nations being distributed through the Barnett formula.

Currently, 24 banks and building societies participate in the scheme. It was always intended that the dormant assets scheme would broaden the financial products to which the legislation applies. Although the Bill makes some progress and Labour supports the need for consultation, we urge the scheme to go further. With the right safeguards in place to find the owners of assets, unclaimed winnings from gambling, pension assets and physical assets could be considered in the future too.

Labour supports the measures to ensure that all efforts are made to identify asset owners before moving on to the more robust Reclaim Fund Ltd—a public body. The independence of the fund demonstrates confidence in the process, and Labour supports this framework. However, we believe that more can be done to tighten timelines around consultation during the next stages of the Bill, and that greater scrutiny can be brought to assess the rigor of the Reclaim Fund Ltd to prevent it going into any deficit. Robust financial modelling set up under Labour has protected the fund so far, but it must be kept under review.

Labour believes that a community wealth fund should be able to benefit from the fund. Labour is also grateful for the proposed new section 18A in clause 29. This important provision will enable dormant assets to go on to create community wealth funds. These funds are able to make grants and other payments to support the provision of social infrastructure to further the wellbeing of communities suffering from high levels of deprivation. Community wealth funds are integral to levelling up, and the potential for funds generated through dormant assets to transform lives is huge.

The most deprived areas across the country often have the worst third sector infrastructure, and proposed new section 18A in clause 29 paves the way for increased governance and organisation too. Labour believes that the principles of the Bill and the 2008 Act are too broad to provide such a framework without proposed new section 18A and that the principle needs to be framed in primary legislation. We do not need further pilots of consultations, as there are already 150 projects at various stages of development. These projects will continue to be evaluated, whereas clause 29 brings forward the opportunity to pour investment into funds centred around social transformation. I know that many colleagues feel passionately about the benefits that these funds can bring to their constituencies, and hopefully we will hear some of these contributions later. In the meantime I urge the Government to support clause 29, which is absolutely central to their levelling-up agenda.

Labour firmly believes that further scrutiny of the Reclaim Fund Ltd is vital if we are to ensure that assets are used for good causes. New clause 1 is central to ensuring proper scrutiny and calls on the Secretary of State to report to Parliament annually. New clause 2 has the potential to improve how funds are reviewed and distributed to good causes, a move that could see more funding made available to the causes that need it most.

Finally, I am sure that Members will share my thanks to the organisations that have shown their support and have been pivotal in taking the Reclaim Fund Ltd forward. The same sentiments go for those participating in the dormant assets scheme. Their contributions and engagement have ensured that the fund has been made available to a huge range of good causes. Labour has always supported moves to multiply the fund’s benefits and will continue to do so as the Bill progresses.

None Portrait The Chair
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Order. May I just point out that you must speak to the clause that we are debating at any particular time? Mr Grant, you indicated that you wished to speak.

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Nigel Huddleston Portrait Nigel Huddleston
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Clauses 5 to 7 define the pensions assets and participants that are in scope of the scheme. They also set out an owner’s right to reclaim pensions assets and the definitions of dormancy for pension assets.

Contract-based defined contribution personal pensions will be included in the scheme, in line with industry’s recommendation, with the exception of any products in which the policyholder has been automatically enrolled. Income withdrawals as a stand-alone product, as well as when they are owed as part of a personal pension scheme, are also included. Occupational pension schemes are out of scope of the Bill.

Clause 5 provides that a pension institution can transfer dormant pension benefits to an authorised reclaim fund. Clause 6 defines the pension assets that are in scope of the scheme, which are: dormant income withdrawals that have become payable; personal pensions with money purchase arrangements that have become payable; and personal pensions with money purchase arrangements available to become payable.

Personal pension schemes whose owners were automatically enrolled are excluded, as is any scheme with sums invested in with-profit funds. As I have mentioned, occupational pension schemes are out of scope of the Bill. Personal pension schemes are only in scope of the scheme if the conversion to cash happens because the owner is deceased.

Clause 7 defines dormancy for pension assets, in a way that is consistent with the principles that I outlined in my previous speech.

I therefore beg to move that clauses 5 to 7 stand part of the Bill.

Alex Davies-Jones Portrait Alex Davies-Jones
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I am grateful to the Minister for introducing these clauses. We welcome the first step towards inclusion of pension assets in this legislation. However, I will press him on the potential for expansion of the clause to include further pension assets, as he has outlined. After all, broadening the Bill to include further pension assets will allow further funding to reach the huge range of good causes that are currently benefiting from this process.

As the Minister knows, pension assets were recommended for transfer in consultation. However, the Government have instead decided to restrict the Bill to just cash assets for the time being. I understand from exchanges on Second Reading and in the other place that the Government are reluctant to make this expansion while we wait for the pensions dashboard to be properly up and running, but given the long delays around the introduction of the pensions dashboard, I would be grateful if he could make some commitment as to the timetable for the further widening of this scheme with regard to pension funds.

None Portrait The Chair
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Does the Minister wish to respond?

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Nigel Huddleston Portrait Nigel Huddleston
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I beg to move amendment 2, in clause 34, page 26, line 3, leave out subsection (8).

Clause 34 sets out various final provisions, such as the geographic extent of the Bill, when the provisions come into effect and how the Bill may be cited. I commend the clause to the Committee.

Amendment 2 agreed to.

Clause 34, as amended, ordered to stand part of the Bill.

New Clause 1

Authorised reclaim funds: Duty to assess and report

“(1) The Secretary of State must make an annual assessment of the health and governance of authorised reclaim funds. The assessment must be reported to Parliament.

(2) The first report under subsection (1) must be laid 12 months after—

(a) any restriction imposed under section 18A(1)(a) of that Act comes into force, or

(b) the provision mentioned in section 18A(1)(b) of that Act comes into force,

(3) An assessment under subsection (1) must include an evaluation of the risk of insolvency of the fund.”—(Alex Davies-Jones.)

This new clause would require the Secretary of State to assess the health and governance of reclaim funds regularly in relation to the risk of insolvency, and to report on this annually to Parliament.

Brought up, and read the First time.

Alex Davies-Jones Portrait Alex Davies-Jones
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I beg to move, That the clause be read a Second time.

Briefly, we can all recognise the importance of parliamentary scrutiny over the spending of funds, and it is vital that the Government are held to account on the health and governance of reclaim funds, especially in relation to the potential for insolvency. At the moment, there is no such formal process. New clause 1 is therefore vital to ensure that a regular assessment of authorised reclaim funds is undertaken.

It is our job in this place to scrutinise and ensure that funds are fit for purpose, and I hope that colleagues of all political persuasions can see the benefit of an annual report brought before Parliament. Such a report, with a thorough assessment and prediction of the future of the fund, would be a step forward for transparency, which is crucial to parliamentary scrutiny, particularly in relation to the Bill.

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Nigel Huddleston Portrait Nigel Huddleston
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I have nothing more to add.

Alex Davies-Jones Portrait Alex Davies-Jones
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I welcome the Minister’s commitment on increased parliamentary scrutiny and oversight. I still feel that an annual report being brought to Parliament as a written statement, or to the Treasury Committee or the Digital, Culture, Media and Sport Committee, would be welcome to ensure oversight and parliamentary scrutiny; however, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 2

Authorised Reclaim funds: Apportionment of expenditure

“(1) An authorised reclaim fund may conduct a review of the proportion of dormant asset money that may be spent on particular causes.

(2) Following a review under subsection (1), an authorised reclaim fund may make an assessment and recommendation as to whether this proportion should be increased.

(3) The Secretary of State may, by order, make regulation to change the proportion of dormant asset money that may be spent on particular causes, in line with any recommendation made pursuant to subsection (2).”—(Alex Davies-Jones.)

This new clause would allow reclaim funds to review the proportion of funds they are able to give towards good causes, and make an assessment and recommendation as to whether this proportion should be increased. It would also give the Secretary of State power to implement such a recommendation.

Brought up, and read the First time.

Alex Davies-Jones Portrait Alex Davies-Jones
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I beg to move, That the clause be read a Second time.

The central focus of our work in Committee has been ensuring that money trapped in dormant assets, whatever their form, can be put to good use. Such money has the power to transform the work of charities, as we have heard. I know from contributions from colleagues just how significant the impact of such funding can be on local communities and the people who benefit from it.

The new clause would give a reclaim fund the power to review the current proportion of moneys in the fund available for good causes. Labour would like as much money to be used as is safely possible, to support good causes up and down the country. The new clause would, following proper review and recommendation, give the Secretary of State the power to increase the proportion. That has the potential to increase significantly the amount of money available to support the good causes and charities up and down the UK.

Peter Grant Portrait Peter Grant
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This is not made explicitly clear in the wording of the new clause, so would the hon. Member clarify whether the intention is that it would apply only in England or to the devolved Administrations as well? There is acceptance throughout the Bill that anything in the Bill that directs or indicates how money is to be apportioned applies in England and that the devolved Administrations have the autonomy to take their own decisions. The wording of the new clause as it is now would appear to change that and give the Secretary of State the right to give direction that would apply to the devolved Administrations as well. That would clearly be something that I and, I think, a lot of my colleagues would be uncomfortable with.

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As I have said, Reclaim Fund Ltd is conducting a review of reserving policy with the aim of having a refreshed model in place for 2022, and I do not believe that the new clause would introduce any practicable changes that have not already been undertaken. For those reasons, I ask the hon. Lady to withdraw the motion.
Alex Davies-Jones Portrait Alex Davies-Jones
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I am grateful to the Minister for his response to new clause 2, which we will not pursue. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

None Portrait The Chair
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I am grateful for the good nature and speed of the debate, which was meant to run for four sittings. There is still a bit of formal business to get through, and the Minister and the Opposition may wish to say some quick words of thanks.

Question proposed, That the Chair do report the Bill, as amended, to the House.

Dormant Assets Bill [Lords]

Alex Davies-Jones Excerpts
Alex Davies-Jones Portrait Alex Davies-Jones (Pontypridd) (Lab)
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I beg to move, That the clause be read a Second time.

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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With this it will be convenient to consider Government amendments 1 and 2.

Alex Davies-Jones Portrait Alex Davies-Jones
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I rise to speak to new clause 1 in my name and that of my hon. Friend the Member for Manchester, Withington (Jeff Smith). As the Bill has moved through this House and the other place, I have been pleased by the progress that has been made, although there is still work to be done to ensure that dormant assets are distributed and governed effectively. Colleagues will be aware that the Bill will expand the current dormant assets scheme, which was first introduced by a Labour Government in 2008. The Government define dormant assets as a financial product, such as a bank account, that has not been used for many years and which the provider has been unable to reunite with its owner, despite efforts aligned with industry best practice.

In 2008, the Dormant Bank and Building Society Accounts Act was passed to provide a system to distribute dormant assets to good causes. Currently, 24 banks and building societies participate in the reclaim fund scheme, but Labour has always intended that the dormant assets scheme would broaden the financial products to which that legislation applies.

Although the Bill makes some progress and Labour supports the need for consultation, we urge that the scheme go much further. With the right safeguards in place to find the owners of assets, unclaimed winnings from gambling, pension assets and physical assets could be considered in the future, too. While I am grateful to the Minister for his frankness throughout the passage of this Bill, I must once again put on record that while Labour is generally supportive of the Bill, we urge that further consideration be given to incorporating pension assets into the scheme. While I recognise that the Minister has highlighted that occupational pension schemes and personal pension schemes whose owners were automatically enrolled are excluded, or out of scope of the Bill, I hope that in the future those assets will receive further consideration.

The core principles of any scheme must remain clear. Attempts should first be made to reunite assets with their rightful owners before transferring them. Owners should always be able to reclaim their funds, and participation must ultimately be voluntary. Labour is also clear that any funds released to the dormant assets scheme must not be used as a substitute for Government spending. We know that the increasing cost of living is impacting so many people across the country, and this Bill presents an important opportunity to release further funding and to put right some of the wrongs. On that point, I pay particular tribute to colleagues on the all-party parliamentary group for “left behind” neighbourhoods, who have been closely focused on the importance of dormant asset funding for vital community projects in the most left-behind parts of the country.

With that in mind, I place on record Labour’s thoughts on community wealth funds, which the Minister knows I feel passionately about. In the other place, Labour secured an amendment that would have allowed the Secretary of State to include community wealth funds as recipients of funding. That amendment had cross-party support and was generally welcomed by the sector. The aim of including community wealth funds as recipients of funding is clear. The designated money would be designed to go towards social infrastructure to further the wellbeing of communities suffering from high levels of deprivation. I was disappointed and also surprised that the Government chose to remove a measure aimed at empowering communities, which is also at the heart of the Government’s well-rehearsed levelling-up agenda. That said, I welcome the Minister’s collaborative and candid approach throughout the latter stages of this Bill, and Labour welcomes the Government’s commitment to including community wealth funds as part of the first round of consultations, as outlined in the Government’s amendment 2.

We must now make sure that momentum is not lost on that important development, as community wealth funds are central to reviving so many communities up and down the country. With that in mind, central to any spend is the importance of governance and sustainability in ensuring that funds of this nature are maintained and in good health.

The Minister knows, and I believe agrees, that scrutiny of the reclaim fund is vital. That is why we have tabled new clause 1. Recent events have highlighted the need for a transparent approach to decisions made in this place and the other place, and it is therefore vital that the Government are held to account on the health and governance of reclaim funds, especially in relation to the potential for insolvency.

Toby Perkins Portrait Mr Toby Perkins (Chesterfield) (Lab)
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I endorse entirely what my hon. Friend is saying. Does she agree, given the lack of confidence in some of the decision-making processes that the Government have undertaken before allocating funds, that it is all the more reason why new clause 1 would have real public confidence?

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Alex Davies-Jones Portrait Alex Davies-Jones
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I wholeheartedly agree with my hon. Friend. Part of the reason we tabled new clause 1 is for openness and transparency, so that the public and this House can scrutinise exactly where this funding is being placed. Scrutiny is at the very heart of our jobs here in this place, and an annual report brought forward to Parliament, as new clause 1 stipulates, would be a crucial step forward.

Lastly, on Government amendment 1, I am pleased to see the clarification around collective scheme investments. It is vital that such investments remain eligible for incorporation into the reclaim fund. I hope to see further assets incorporated in the future, as I stipulated earlier.

Ultimately, Labour supports the Bill as our priority remains expanding the dormant assets scheme in line with our commitments first made in 2008. The programme so far has been extremely successful, and predictions suggest that expanding the scheme in such a way would identify about £3.7 billion of unclaimed assets, of which about £1.7 billion would be eligible for transfer to the reclaim fund. From that, £880 million would be repurposed for good causes across the UK. Labour supports that extremely welcome step, and I look forward to continuing to work with the Minister to tackle the challenges around extending the scheme to other assets. I hope that he will take on board our concerns about future governance of the fund, too.

Danny Kruger Portrait Danny Kruger (Devizes) (Con)
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I congratulate the Government on bringing forward the Bill. I recognise that, as the hon. Member for Pontypridd (Alex Davies-Jones) said, the release of dormant assets started with Labour and has been a cross-party achievement. My thanks, congratulations and appreciation also go to the financial institutions that have made the money available.

I am pleased with the Government’s proposals, including the consultation on the potential introduction of a community wealth fund. My congratulations and appreciation to the Minister for including that as a possibility, and to my hon. Friend the Member for Sedgefield (Paul Howell) and the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) for their work in bringing that idea forward.

There are other great ideas—we could abolish personal debt by capitalising credit unions with this money or distribute it direct to community foundations in our constituencies—but I think that the community wealth fund is the best idea. I hope that we will see the money going into civil society and social infrastructure and into supporting the great levelling-up agenda to which the Government are committed. This is a tremendous Bill, and I very much support what the Government are doing.

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Once again, I thank colleagues on both sides of the House for the constructive and collaborative debate today. For the reasons I have outlined, I ask that the House does not support new clause 1 and supports the Government amendments.
Alex Davies-Jones Portrait Alex Davies-Jones
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I wish to put on the record my thanks to hon. Members. I am encouraged by our collegiate debate, in stark contrast to the scenes on the Floor of the House earlier today. This evening’s debate shows that Parliament is at its best when we all work together across parties to deliver for our communities. More needs to be made of what we can do when we choose to work together.

As I mentioned, it was a Labour Government who first advanced legislation to place dormant assets from bank and building society accounts into the reclaim fund after significant efforts were made to contact the owners of those assets. For this reason, we are broadly supportive of the Bill and its main aims to expand the scheme. We therefore continue to welcome attempts to incorporate a commitment to community wealth funds, which have the potential to support communities across the nation that have been left behind in recent years.

The Minister knows that Labour Members outlined our concerns at length in Committee and on Report, and my colleagues and I made particular reference to some of the flaws in the Bill that we ultimately sought to correct. It is therefore somewhat disappointing that our concerns on the health and governance of the reclaim fund have not been taken on board, particularly as transparency and scrutiny are such essential facets of our work in this place.

In Committee, the Minister argued that Reclaim Fund Ltd is

“responsible for determining the appropriate proportion of funding that it can prudently release… The amount that RFL reserves for future repayment claims is…based on actuarial modelling and assessment of…risk factors, following guidance from the Financial Conduct Authority.”––[Official Report, Dormant Assets Public Bill Committee, 11 January 2022; c. 34-35.]

Of course, independence from the Government is vital but it is also important that the Secretary of State makes a regular assessment if this fund is to be available for future generations. I sincerely hope the Minister will take on board our concerns and discuss with the Secretary of State, who is in her place, and departmental colleagues the potential for an annual report, which would be extremely beneficial for those who rely on funds from this important scheme.

Although Labour supports the Bill, we believe the Government have missed several opportunities. I urge the Secretary of State to speed up the timetable to allow for these much-needed funds to reach the communities that need them most. I look forward to closely following the development of the first public consultation. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

Clause 12

Transfer of eligible client money to reclaim fund

Amendment made: 1, page 12, line 9, at end insert—

“(4A) The reference in subsection (4)(b) to money that could be transferred as mentioned in section 8(1)(a) includes money held by an investment institution that is not within the definition in section 8(3) which—

(a) is proceeds of the conversion by the investment institution of a collective scheme investment into a right to payment of an amount, and

(b) could, if it were held by an investment institution falling within section 8(3), be transferred as mentioned in section 8(1)(a).”—(Craig Mackinlay.)

This amendment clarifies that money held by an investment institution not within clause 8(3) is not client money if it is the proceeds of a conversion to cash of a collective scheme investment and would be capable of being transferred to a reclaim fund if the holder was an investment institution within clause 8(3).

Clause 29

Distribution of dormant assets money for meeting English expenditure

Amendment made: 2, page 22, line 21, at end insert—

“(3A) In carrying out the first public consultation under subsection (3)(a) the Secretary of State must invite views as to whether the permitted distributions should be, or include, any one or more of the following—

(a) distributions for the purpose of the provision of services, facilities or opportunities to meet the needs of young people;

(b) distributions for the purpose of the development of individuals’ ability to manage their finances or the improvement of access to personal financial services;

(c) distributions to social investment wholesalers (within the meaning of section 18);

(d) distributions to community wealth funds.

(3B) For the purposes of subsection (3A) “community wealth fund” means a fund which gives long term financial support (whether directly or indirectly) for the provision of local amenities or other social infrastructure.”—(Craig Mackinlay.)

This amendment requires the first public consultation under section 18A to include the options of permitting the English dormant asset money distributions currently permitted by section 18(1) and distributions to community wealth funds, whether or not in addition to other permitted purposes or recipients.

Bill read the Third time and passed, with amendments.

Business of the House

Ordered,

That, at this day’s sitting, the Speaker shall put the Questions necessary to dispose of proceedings on the motion in the name of Mr Jacob Rees-Mogg relating to the Independent Parliamentary Standards Authority not later than one hour after the commencement of proceedings on the motion for this Order; such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved; proceedings may continue, though opposed, until any hour, and may be entered upon after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Craig Mackinlay.)