Legalize / United Kingdom / Public General Act

Social Security Act 1973

Type Public General Act

Publication 1973-07-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Regulations may provide for treating reserve scheme premiums payable in respect of an earner's period of service in any employment as actually paid where the failure to pay is shown not to have been with the consent or connivance of, or attributable to, any negligence on the part of, the earner.

6

Regulations may, in relation to reserve scheme premiums, provide—

(a) for treating a premium paid at or after any prescribed time as paid at some other time (whether earlier or later);

(b) for enabling a premium to be treated as paid in an income tax year earlier or later than that in which it was actually paid ;

(c) for treating a premium wrongly paid, or paid as to the wrong amount, as paid (wholly or in part) in discharge of a liability for another premium, or for basic scheme or reserve scheme contributions ;

(d) for the return of premiums paid in error or, in prescribed circumstances, of premiums as to which the Secretary of State is satisfied that they ought to be repaid ;

(e) for any other matters incidental to the payment, collection or return of premiums.

7

In relation to any employments of a class to which paragraph 2 of Schedule 15 to this Act applies, regulations may make provision—

(a) for things which by or under Part III of this Act are required or authorised to be done by or to any person as a secondary reserve scheme contributor, or in respect of his liability for a reserve scheme premium, to be done instead by or to the Secretary of State ; and

(b) for the recovery by the Secretary of State of a reserve scheme premium from any person in a case where it has been paid by the Secretary of State instead of by him.

SCHEDULE 20

1

For the purposes of ascertaining the rate (without bonuses) of an earner's reserve scheme personal pension, the factors relevant under this Schedule are—

(a) the year in which any reserve scheme contributions or reserve scheme premiums were paid in respect of him and his earnings from any employment;

(b) his age at the end of that year ; and

and in this Schedule " year " means an income tax year.

2

(1) An earner's reckonable contribution factor for any year is the aggregate amount of—

(a) all reserve scheme contributions paid in that year in respect of the earner's earnings (disregarding earnings in respect of which there has been a repayment of contributions); and

(b) all reserve scheme premiums paid in that year by any person in respect of him.

(2) Regulations may provide for adjusting reckonable contribution factors so as to make each factor a whole number of pounds.

3

For the purposes of paragraphs 1 and 2 above, any contributions or premium paid before or on the relevant pay-day, or within a prescribed period after that day, shall be deemed to have been paid in the year in which that day fell; and (except so far as may be otherwise prescribed) " the relevant pay-day " means—

(a) in relation to contributions, the date on which were paid the earnings in respect of which contributions became payable; and

(b) in relation to a premium, the date on which there was terminated the period of service in recognised pensionable employment, termination of which gave rise to the liability for the premium.

4

(1) The weekly rate of the pension (without bonuses) shall be arrived at as follows.

(2) Take all the years for which the earner acquired a reckonable contribution factor and in which he was aged not less than 22 nor more than 64.

(3) For this purpose, treat the earner as having been, in any year, of the age which he had attained on the last day of that year.

(4) In relation to a year in which the earner was of the age specified in the first column of the Table below, take for each £1 of his reckonable contribution factor for that year the number of pence specified for him in the second column of the Table.

(5) The weekly rate of the pension is the aggregate of the sums produced by the calculation under sub-paragraph (4) above.

Age at end of year of contribution	Amount of pension per week for every £1 of year's reckonable contribution factor	Amount of pension per week for every £1 of year's reckonable contribution factor
	Men pence	Women pence
22	.866	.581
23	.834	.560
24	.803	.540
25	.773	.520
26	.743	.501
27	.715	.482
28	.689	.464
29	.663	.447
30	.638	.431
31	.614	.415
32	.592	.400
33	.570	.385
34	.549	.370
35	.529	.356
36	.509	.343
37	.490	.331
38	.472	.319
39	.455	.307
40	.438	.295
41	.422	.284
42	.406	.274
43	.391	.264
44	.377	.254
45	.363	.244
46	.350	.235
47	.337	.226
48	.324	.217
49	.312	.208
50	.301	.200
51	.290	.192
52	.280	.185
53	.270	.178
54	.260	.171
55	.250	.164
56	.240	.157
57	.230	.150
58	.221	.143
59	.212	.137
60	.203
61	.194
62	.186
63	.177
64	.168

5

Regulations may provide for adjusting the weekly rate of pension arrived at under paragraph 4 above so that the rate is in all cases a whole number of pence, and for adjusting the rate in prescribed circumstances, by amounts up to 10 pence and no more, with a view to facilitating administration and payment.

SCHEDULE 21

PART I — Amendments of Part IV

1

(1) Throughout Part IV of the former principal Act (" the Act") for " the Minister " (except in the expression " the Minister of Labour " in section 68(1)) substitute " the Secretary of State " ; for " Treasury" substitute " Minister for the Civil Service " ; for " the Commissioner " (except in the phrase " the Commissioner may direct" in section 70(4)) substitute " a Commissioner " ; and for " the National Insurance Commissioner" substitute " a National Insurance Commissioner ".

(2) For section 64 of the Act substitute the following—

(64) In this Part of this Act— (a) " the Social Security Act " means the Social Security Act 1973 ; (b) " benefit " (except where the context otherwise requires) means benefit under Part I of that Act or, as respects any period before the day appointed for the coming into force of section 2 of that Act, under this Act or the National Insurance Act 1946, and " beneficiary " shall be construed accordingly; (c) " claimant " means a person who has claimed benefit or whose right to be excepted from liability to pay, or to have his liability deferred for, or to be credited with, a contribution is in question; (d) " employed earner " shall be construed in accordance with section 1(7) of the Social Security Act and regulations under Part I of that Act; (e) " the Family Allowances Act " means the Family Allowances Act 1965 ; (f) " friendly society " means a society registered as a friendly society under the Friendly Societies Acts 1896 to 1971, being a society which as part of its ordinary business provides benefits during sickness or other infirmity, or in old age, or in widowhood, or for orphans, and not being a collecting society within the meaning of the Industrial Assurance Act 1923; (g) " the Industrial Injuries Act " means the National Insurance (Industrial Injuries) Act 1965 ; (h) " prescribed " means prescribed by regulations ; and (f) " regulations " means regulations made by the Secretary of State under this Act.

2

In section 65 of the Act—

(a) in subsection (1), for " 64(1)(a) to (c) of this Act" substitute " 84(1)(a) to (c) or 85(1)(a) or (b) of the Social Security Act ";

(b) in subsection (2), for the words from " send notice " to the end of the subsection substitute—

give notice in writing of his intention to do so— (a) in a case where the question arises on an application made to the Secretary of State, to the applicant; and (b) in any case to such persons as appear to him to be concerned with the question,

3

In section 66 of the Act—

(a) in subsection (1), for " 64(1)(a) to (c) of this Act " substitute " 84(1)(a) to (c) or 85(1)(a) or (b) of the Social Security Act ";

(b) in subsection (2), for "64(1)(d) of this Act" substitute " 84(1)(d) of the Social Security Act ".

4

In section 68 of the Act—

(a) in subsection (1), for "the Ministry of Labour appointed with the concurrence of the Minister of Labour " substitute " the Department of Employment appointed with the concurrence of the Secretary of State in charge of that Department ";

(b) in subsection (2) for " 67(1) of this Act" substitute " 84(5) of the Social Security Act

5

In section 69(1) of the Act for " 64(1) of this Act or section 6(2) of the Act of 1970 " substitute " 84(1) of the Social Security Act or paragraph 14 of Schedule 7 to that Act " ; and in section 69(4) for " this Act" substitute " the Social Security Act "

6

In section 70(1)(c) of the Act for "employed persons" substitute " employed earners " , and for sub-paragraph (ii) substitute—

(ii) the question at issue in any way relates to a deceased person who was a member of the association at the time of his death.

7

After section 70 of the Act insert the following new section—

(70A) Where any question under the Social Security Act (not being a question to which section 84(1) of that Act or paragraph 14 of Schedule 7 to that Act applies) first arises in the course of an appeal to a local tribunal constituted under section 77 of this Act or a Commissioner appointed under section 87 of the Social Security Act, the tribunal or Commissioner may, if they or he thinks fit, proceed to determine that question notwithstanding that it has not been considered by an insurance officer.

8

In section 71(1) of the Act for the words from " section 64(1)" to the end of paragraph (a) substitute—

section 84(1) of the Social Security Act or paragraph 14 of Schedule 7 to that Act applies, he shall— (a) refer the latter question for determination in accordance (subject to any necessary modifications) with section 84 of that Act and sections 65 and 66 of this Act or, as the case may be, paragraph 14 of Schedule 7 to that Act; and

9

In section 72 of the Act—

(a) in subsection (1), for " sections 67 " substitute " section 84(5) of the Social Security Act and sections 68 ";

(b) for paragraph (c) of subsection (1) substitute—

(c) the decision was based on the decision of any question to which section 84(1) of the Social Security Act or paragraph 14 of Schedule 7 to that Act applies and the decision of that question is revised in accordance with the provisions of section 66 of this Act or reviewed in accordance with the provisions of paragraph 15 of that Schedule.

;

(c) in subsections (3) and (4) for "the said sections 67 to 70" substitute " the sections of the Social Security Act and this Act referred to in the introductory words of subsection (1) of this section ".

10

In section 73 of the Act—

(a) in subsection (1)—

(i) for " sections 64 to 72 "substitute " section 84(1) to (5) of the Social Security Act and sections 65, 66 and 68 to 72 of this Act ";

(ii) after "any other provision of this Act" insert " or of the Social Security Act ";

(iii) after "in connection with this Act" insert " or the Social Security Act ";

(iv) for "64(1)(d) of this Act" substitute " 84(1)(d) of the Social Security Act ";

(v) for "sections 64, 65(1) to (4), 66" substitute " section 84(1) to (5) of the Social Security Act and sections 65(1) to (4), 66 and 68 ";

(b) in subsection (2) for the words " 64(1) or 74(1) of this Act" substitute " 84(1) of the Social Security Act ".

11

In section 75 of the Act—

(a) in subsection (1), for " provisions of sections 64 to 72 of this Act" substitute " foregoing provisions of this Part of this Act and of section 84(1) to (5) of the Social Security Act ";

(b) after subsection (1) insert—

(1A) Subsection (1) of this section shall not make any finding of fact or other determination embodied in or necessary to a decision, or on which it is based, conclusive for the purpose of any further decision; and this subsection applies not only to subsection (1) but also to provisions of earlier Acts corresponding to that subsection, and applies as regards the effect to be given in any proceedings to any decision, whether the decision was given or the proceedings commenced before or after the passing of the Social Security Act.

;

(i) for "sections 64" substitute " section 84(1) to (5) of the Social Security Act and sections 65, 66 and 68 ";

(ii) after paragraph (c) insert—

(d) that in such cases as may be prescribed one or more medical practitioners shall sit with a local tribunal either as additional members or as assessors, and for the appointment by the Secretary of State of medical practitioners to act for this purpose either generally or for such cases or for such tribunals as the Secretary of State may determine ; (e) for extending and defining the functions of assessors for the purposes of this Act; (f) for empowering the Secretary of State, a local tribunal or an insurance officer to refer to a medical practitioner for examination and report any question arising for his or their decision ; (g) for the non-disclosure to a person of the particulars of any medical advice or medical evidence given or submitted for the purposes of the determination of, or of any question arising on, any claim if, in the opinion of the prescribed authority, being the person or tribunal, or the chairman of the tribunal, by whom that determination falls to be made, disclosure of those particulars to that person would be undesirable in the interests of that person;

;

(iii) for "sections 64 to 74" substitute " -section 84(1) to (5) of the Social Security Act and sections 65, 66 and 68 to 73 ".

12

In section 76 of the Act—

(a) in subsection (1)—

(i) for "benefit under this Act" substitute " benefit under Part I of the Social Security Act ";

(ii) for " 64(1)(d) " substitute " 84(1)(d) ";

(iii) for " sections 67 " substitute " section 84(5) of the Social Security Act and sections 68 ";

(b) in subsection (2) for "purposes of this Act" substitute " purposes of the Social Security Act ".

13

In section 77 of the Act—

(a) in subsection (1)

(i) for " sections 67 " substitute " section 84(5) of the Social Security Act and sections 68 ";

(ii) in paragraph (a) for "insured persons other than employed persons" substitute " earners other than employed earners ";

(iii) in paragraph (b) for "employed persons" substitute " employed earners ";

(b) in subsection (3) for " insured persons " substitute (in both places) " employed earners ";

14

In section 80(3) of the Act for " the foregoing provisions of this Part of this Act" substitute " this Act, the Social Security Act ".

15

In section 81 of the Act—

(a) in subsection (1), for the words from " the National" to " Act of 1970)" substitute " the Secretary of State of any benefit ";

(b) after subsection (1) insert—

(1A) Any sums repaid to the Secretary of State in pursuance of subsection (1) above shall— (a) be paid by him into the Consolidated Fund insofar as they represent benefit which under section 46(1 )(a) of the Social Security Act is not payable out of the National Insurance Fund ; and (b) otherwise, be paid by him into the last-mentioned Fund.

;

(c) in subsection (3)(a) after " contributions" insert " under Part I of the Social Security Act or contributions or premiums under Part III of that Act ".

PART II — Part IV of 1965 Act as Amended

SCHEDULE 22

PART I — Inspectors

1

An inspector appointed under section 88 of this Act shall, for the purposes of the execution of this Act, have the following powers—

(a) to enter at all reasonable times any premises or place liable to inspection under this Part of this Schedule ;

(b) to make such examination and inquiry as may be necessary for ascertaining whether the provisions of this Act or any enactment thereby repealed are being, or have been, complied with in any such premises or place ;

(c) to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under this Act or any enactment thereby repealed on which he may reasonably require information, every person whom he finds in any such premises or place, or whom he has reasonable cause to believe to be or to have been a person liable to pay contributions or a premium under this Act or any enactment thereby repealed, and to require every such person to be so examined ;

(d) to exercise such other powers as may be necessary for carrying this Act into effect.

2

(1) In accordance with this paragraph, persons shall furnish to an inspector all such information, and produce for his inspection all such documents, as he may reasonably require for the purpose of ascertaining—

(a) whether any contributions or premiums are or have been payable, or have been duly paid, by or in respect of any person ; or

(b) whether benefit is or was payable to or in respect of any person.

(2) The following persons are under the duty imposed by sub-paragraph (1) above—

(a) the occupier of any premises or place liable to inspection under this Part of this Schedule ;

(b) any person who is or has been employing another ;

(c) any person carrying on an agency or other business for the introduction or supply to persons requiring them of persons available to do work or perform services ;

(d) the servants or agents of any such person as is specified in sub-paragraph (a), (b) or (c) above; and

(e) any person who is or has been liable to pay contributions or a premium under this Act.

3

In this Part of this Schedule references to contributions include reserve scheme, as well as basic scheme, contributions ; and " premium " means a reserve scheme premium.

4

(1) If any person—

(a) wilfully delays or obstructs an inspector in the exercise of any power under this Part of this Schedule; or

(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required so to do under this Part of this Schedule ;

he shall be liable on summary conviction to a fine not exceeding £50.

(2) Where a person is convicted of an offence under sub-paragraph (1)(b) above and the refusal or neglect is continued by him after his conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £10 for each day on which it is so continued.

(3) No one shall be required under this Part of this Schedule to answer any questions or to give any evidence tending to incriminate himself or, in the case of a person who is married, his or her wife or husband.

5

Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this Act shall, if so required, produce the said certificate.

6

The premises and places liable to inspection under this Part of this Schedule are any premises or places where an inspector appointed under this Act has reasonable ground for supposing that—

(a) any persons are employed ;

(b) there is being carried on any agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services;

except that they do not include any private dwelling-house not used by or by permission of the occupier for the purposes of a trade or business.

7

Where any premises or place are or is liable to be inspected by an inspector or officer appointed or employed by, or are or is under the control of, some other government department, the Secretary of State may make arrangements with that department for any of the powers or duties of inspectors under this Part of this Schedule to be carried out by an inspector or officer employed by that department, and, where such an arrangement is made, such inspectors or officers shall have all the powers of an inspector under this Part of this Schedule.

PART II — Provisions Relating to Age, Marriage, Death and Furnishing of Addresses

Information as to age, marriage or death

8

Regulations made by the Registrar General under section 20 of the Registration Service Act 1953 may provide for the furnishing by superintendent registrars, and registrars, subject to the payment of such fee as may be prescribed by the regulations, of such information for the purposes of this Act, including copies or extracts from the registers in their custody, as may be so prescribed.

9

Where the age, marriage or death of a person is required to be ascertained or proved for the purposes of this Act, any person shall—

(a) on presenting to the custodian of the register under the enactments relating to the registration of births, marriages and deaths, wherein particulars of the birth, marriage or death, as the case may be, of the first-mentioned person are entered, a duly completed requisition in writing in that behalf; and

(b) on payment of a fee of 15 pence ;

be entitled to obtain a copy, certified under the hand of the custodian, of the entry of those particulars.

10

Requisitions for the purposes of paragraph 9 above shall be in such form and contain such particulars as may from time to time be specified by the Registrar General, and suitable forms thereof shall, on request, be supplied without charge by every superintendent registrar and registrar.

11

In the application of this Part of this Schedule to England and Wales, the expression " Registrar General" means the Registrar General for England and Wales, and the expressions " superintendent registrar " and " registrar" mean a superintendent registrar or, as the case may be, registrar for the purposes of the enactments relating to the registration of births, deaths and marriages; and in the application of this Part of this Schedule to Scotland—

(a) the expression "Registrar General" means the Registrar General of Births, Deaths and Marriages for Scotland;

(b) for the reference in paragraph 8 to section 20 of the Registration Service Act 1953 there shall be substituted a reference to section 54 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 ;

(d) the expression " registrar " means a district registrar, senior registrar or assistant registrar for the purposes of the enactments relating to the registration of births, deaths and marriages in Scotland.

12

Paragraphs 9 to 11 above (except paragraph 11(b)) shall apply for the purposes of the Industrial Injuries Act as they apply for the purposes of this Act.

Furnishing of addresses for maintenance proceedings, etc.

13

(1) The Secretary of State may incur expenses for the purpose of furnishing the address at which a man or woman is recorded by him as residing, where the address is required for the purpose of taking or carrying on legal proceedings to obtain or enforce an order for the making by the man or woman of payments—

(a) for the maintenance of the man's wife or former wife, or the woman's husband or former husband ; or

(b) for the maintenance or education of any person as being the son or daughter of the man or his wife or former wife, or of the woman or her husband or former husband.

(2) In sub-paragraph (1)(b) above " son or daughter " includes a son or daughter by adoption and an illegitimate son or daughter.

Treatment of certain marriages

14

Regulations may provide—

(a) for a voidable marriage which has been annulled, whether before or after the date when the regulations come into force, to be treated for the purposes of such provisions of, or of any regulations under, this Act, subject to such exceptions or conditions as may be prescribed, as if it had been a valid marriage which was terminated by divorce at the date of annulment;

(b) for the purposes of this Act, the Industrial Injuries Act or the Family Allowances Act, as to the circumstances in which a marriage celebrated under a law which permits polygamy is to be treated as having the same consequences as a marriage celebrated under a law which does not;

and regulations made for the purposes of sub-paragraph (b) above may make different provision in relation to different purposes and circumstances.

PART III — Amendments of Industrial Injuries Act, section 64

15

In section 64 of the Industrial Injuries Act, in subsection (4), for the words after paragraph (b) substitute the following—

he shall be liable on summary conviction to a fine of not more than £50. (5) Where a person is convicted of an offence under subsection (4)(b) of this section, and the refusal or neglect is continued by him after his conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £10 for each day on which it is so continued. (5A) No one shall be required under this section to answer any questions or to give any evidence tending to incriminate himself or, in the case of a person who is married, his or her wife or husband.

SCHEDULE 23

General provisions as to prosecutions

1

Proceedings in England or Wales for an offence under this Act shall not be instituted except by or with the consent of the Secretary of State or by an inspector or other officer authorised for that purpose by special or general directions of the Secretary of State.

2

Any inspector or other officer so authorised may, although not of counsel or a solicitor, prosecute or conduct before a magistrates' court any proceedings for such an offence.

3

(1) Notwithstanding any enactment prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Act may be commenced at any time within the period of 3 months from the date on which evidence, sufficient in the opinion of the Secretary of State to justify a prosecution for the offence, comes to his knowledge, or within the period of 12 months after the commission of the offence, whichever period last expires.

(2) For the purposes of sub-paragraph (1) above, a certificate purporting to be signed by or on behalf of the Secretary of State as to the date on which the evidence referred to in that paragraph came to his knowledge shall be conclusive evidence of the date on which it did so.

(3) In relation to Scotland, for sub-paragraph (1) above there shall be substituted the following sub-paragraph—

(1) Proceedings for an offence under this Act may be commenced at any time within the period of 3 months from the date on which evidence sufficient in the opinion of the Secretary of State to justify a report to the Lord Advocate with a view to consideration of the question of prosecution comes to the knowledge of the Secretary of State, or within the period of 12 months after the commission of the offence, whichever period last expires ; and section 23(2) of the Summary Jurisdiction (Scotland) Act 1954 (time limits) shall apply for the purposes of this sub-paragraph as it applies for the purposes of that section.

4

In proceedings for an offence under this Act, the wife or husband of the accused shall be competent to give evidence, whether for or against the accused:

Evidence

5

(1) As respects any period during which, under regulations made by virtue of paragraph 5(1) of Schedule 1 to this Act, basic scheme or reserve scheme contributions fall to be paid in like manner as income tax, a certificate of a collector of taxes that any amount by way of contributions which a person is liable to pay to that collector for any period has not been paid to him, or, to the best of his knowledge and belief, to any other person to whom it might lawfully be paid, shall, until the contrary is proved, be sufficient evidence in any proceedings before any court that the sum mentioned in the certificate is unpaid and due ; and any document purporting to be such a certificate as aforesaid shall be deemed to be such certificate until the contrary is proved.

(2) A statutory declaration by an officer of the Secretary of State that the searches specified in the declaration for a particular contribution card or for a record of the payment of a particular contribution have been made and that the card in question or a record of the payment of the contribution in question has not been found shall be admissible in any proceedings for an offence as evidence of the facts stated in the declaration.

(3) Nothing in sub-paragraph (2) above shall be deemed to make a statutory declaration admissible as evidence in proceedings for an offence except in a case where, and to the extent to which, oral evidence to the like effect would have been admissible in those proceedings.

(4) Nothing in sub-paragraphs (2) and (3) above shall be deemed to make a statutory declaration admissible as evidence in proceedings for an offence—

(a) unless a copy thereof has, not less than 7 days before the hearing or trial, been served on the person charged with the offence in any manner in which a summons or, in Scotland, a citation in a summary prosecution may be served ; or

(b) if that person, not later than 3 days before the hearing or trial or within such further time as the court may in special circumstances allow, gives notice to the prosecutor requiring the attendance at the trial of the person by whom the declaration was made.

6

Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

Recovery of contributions etc. on prosecution

7

Where a person has been convicted of the offence under section 92(1) of this Act of failing to pay a contribution or premium at or within the time prescribed for the purpose and the contribution or premium remains unpaid at the date of the conviction, he shall be liable to pay to the Secretary of State a sum equal to the amount which he failed to pay.

8

In any case where—

(a) a person is convicted of an offence under section 92(2)(b) of this Act, or of an offence under section 13 of the Stamp Duties Management Act 1891 as applied by regulations made under paragraph 6(3) of Schedule 1 to this Act, or of an offence of contravening or failing to comply with regulations made under this Act; and

(b) the evidence on which he is convicted shows that he, for the purpose of paying any contribution which he was liable or entitled to pay, has affixed to any contribution card any used contribution stamp; and

(c) the contribution (not being a Class 3 contribution) in respect of which the stamp was affixed remains unpaid at the date of the conviction,

he shall be liable to pay to the Secretary of State a sum equal to the amount of the contribution.

9

(1) Subject to and in accordance with the following sub-paragraphs, where a person is convicted of an offence mentioned in paragraph 7 or 8(a) above, evidence may be given of any previous failure by him to pay contributions or premiums under this Act within the time prescribed for the purpose; and in those sub-paragraphs " the conviction " and " the offence " mean respectively the conviction referred to in this sub-paragraph and the offence of which the person is convicted.

(2) Such evidence may be given only if notice of intention to give it is served with the summons or warrant or, in Scotland, the complaint on which the person appeared before the court which convicted him.

(3) If the offence is one of failure to pay a Class 1 contribution, a reserve scheme contribution or a reserve scheme premium, evidence may be given of failure on his part to pay (whether or not in respect of the same person) such contributions or premiums during the 2 years preceding the date of the offence.

(4) If the offence is one of failure to pay Class 2 contributions or is one of those mentioned in paragraph 8(a), evidence may be given of his failure to pay such contributions during those 2 years.

(5) On proof of any matter of which evidence may be given under sub-paragraph (3) or (4) above, the person convicted shall be liable to pay to the Secretary of State a sum equal to the total of all amounts (whether contributions, premiums or both) which he is so proved to have failed to pay and which remain unpaid at the date of the conviction.

10

(1) Where in England and Wales a person charged with such an offence as is mentioned in paragraph 7 or 8(a) above is convicted of that offence in his absence under section 1(2) of the Magistrates' Courts Act 1957, then if—

(a) it is proved to the satisfaction of the court, on oath or in the prescribed manner, that notice under paragraph 9(2) above has been duly served specifying the other contributions or premiums in respect of which the prosecutor intends to give evidence ; and

(b) the clerk of the court has received a statement in writing purporting to be made by the accused or by a solicitor acting on his behalf to the effect that if the accused is convicted in his absence of the offence charged he desires to admit failing to pay the other contributions or premiums so specified or any of them,

paragraph 9 above shall have effect as if the evidence had been given and the failure so admitted had been proved, and the court shall proceed accordingly.

(2) In sub-paragraph (1) above "prescribed " means prescribed by rules made under section 15 of the Justices of the Peace Act 1949.

11

(1) In England and Wales, where a person is convicted of any such offence as is mentioned in paragraph 7 or 8(a) above, and an order is made under Part I of the Criminal Justice Act 1948 placing the offender on probation or discharging him absolutely or conditionally, paragraphs 7 to 10 above shall apply as if it were a conviction for all purposes.

(2) In Scotland, where a person is convicted on indictment of, or is charged before a court of summary jurisdiction with, any such offence, and an order is made under Part I of the Criminal Justice (Scotland) Act 1949 discharging him absolutely or placing him on probation, paragraphs 7 to 9 above shall apply as if—

(a) the conviction on indictment were a conviction for all purposes; or

(b) as the case may be, the making of the order by the court of summary jurisdiction were a conviction.

12

Where a body corporate fails to pay any sum which it is liable to pay under paragraphs 7 to 10 above, that sum (or such part of it as remains unpaid) shall be a debt due to the Secretary of State jointly and severally from any directors of the body corporate who knew, or could reasonably be expected to have known, of the failure to pay the contributions or premiums in question.

13

In England and Wales, any sum which a person is liable to pay under those paragraphs shall be recoverable from him as a penalty.

14

(1) The following sub-paragraphs apply with respect to sums recovered by the Secretary of State under paragraphs 7 to 13 above.

(2) In so far as those sums represent basic scheme contributions of any class, they are to be treated for all purposes of Part I of this Act (including in particular the Treasury supplements and the application of section 44) as contributions of that class received by the Secretary of State under that Part.

(3) In so far as those sums represent reserve scheme contributions or premiums, they are to be treated for all purposes of Part III of this Act (including in particular the application of sections 74 and 79) as contributions and premiums paid to the Secretary of State under that Part.

(4) Without prejudice to sub-paragraphs (2) and (3) above, those sums, in so far as they represent—

(a) primary Class 1 or Class 2 contributions ; or

(b) primary or secondary reserve scheme contributions ; or

are to be treated as being contributions or (as the case may be) premiums paid in respect of the person in respect of whom they were originally payable ; and provisions of this Act relating to earnings factors and the entitlement of that person to reserve scheme pension and the rate of pension shall apply accordingly.

Interpretation

15

(1) In this Schedule " contribution card " means any card issued under regulations for the purpose of payment of contributions by affixing contribution stamps thereto.

(2) In any proceedings under section 92(2) of this Act with respect to used stamps, a stamp shall be deemed to have been used if it has been affixed to a contribution card or cancelled or defaced in any way whatsoever and whether it has actually been used for the purpose of payment of a contribution or not.

SCHEDULE 24

1

(1) The relevant enactments relating to personal insolvency are the following—

(a) section 33 of the Bankruptcy Act 1914 ;

(b) section 118 of the Bankruptcy (Scotland) Act 1913 ; and

(2) For the operation of these enactments, "the relevant event" in section 93(2) is to be construed as follows—

(a) in England and Wales, it means the receiving order or death ;

(b) in Scotland, it means the award of sequestration or death, or the concourse of diligence for distribution of the estate of a party being notour bankrupt; and

2

(1) The relevant enactments relating to companies' winding-up are the following—

(a) section 319 of the Companies Act 1948 ; and

(b) section 287 of the Companies Act (Northern Ireland) 1960 ;

but no priority under these enactments is extended by section 93(1) where a company is being wound up voluntarily merely for the purposes of reconstruction or amalgamation with another company.

(2) For the operation of these enactments, " the relevant event" in section 93(2) is to be construed as follows—

(a) where the company is wound up compulsorily—

(i) if it had previously commenced to be wound up voluntarily, " the relevant event" means the passing of the winding-up resolution, and

(ii) otherwise, it means the appointment (or first appointment) of a provisional liquidator or, in the absence of such an appointment, the making of the winding-up order;

(b) in any other case, "the relevant event" means the passing of the winding-up resolution.

3

(1) The relevant enactments relating to the remedies of debenture holders and chargees are the following—

(a) section 94 of the Companies Act 1948 ;

(b) section 19 of the Companies (Floating Charges and Receivers) (Scotland) Act 1972 ; and

(2) For the operation of these enactments, " the relevant event" in section 93(2) is to be construed as follows—

(a) where a receiver is appointed on behalf of debenture holders or by or on the application of the holders of a floating charge, it means that appointment; and

(b) where possession of any property is taken by or on behalf of debenture holders or the holders of a floating charge, it means that taking of possession.

SCHEDULE 25

PART I — Adaptation of Sections 84, 88, 92, 94, 96 and 99, and Schedules 22, 23 and 26

Introductory

1

In the provisions of this Act which are extended to Northern Ireland by section 95(2), there shall be made the adaptations provided for by this Part of this Schedule.

General adaptation of references

2

(1) Subject to the following provisions of this Part of this Schedule, for any reference such as is specified in column 1 of the Table set out in paragraph 2 of Schedule 13 there shall be substituted the reference specified in column 2 of that Table.

(2) In the application of that Table for the purposes of this Part of this Schedule, in column 1 of the Table—

(a) for the words in brackets following the reference to the Secretary of State there shall be substituted the words " except in section 96(6) and section 99(3) ",

(b) for the words in brackets following the reference to the Treasury, from " except" to " section 44(4) there shall be substituted the words " except in section 96(6) ".

Adaptation of particular provisions

3

In section 84(5) for " sections 68 to 72" substitute " sections 67 to 71 ".

4

In section 88—

(a) in subsection (1) for " section 90(2) to (8)" substitute " section 86(2) to (8) ";

(b) in subsection (2)—

(i) omit " 91 " and paragraph (a),

(ii) for "sections 112 and 113" substitute " sections 104 and 105 " , and

(iii) for " section 12 of the National Insurance Act 1971 " substitute " Article 12 of the Social Services (Parity) Order (Northern Ireland) 1971 "; and

5

In section 92—

(a) in subsection (4)

(i) for " sections 94 and 95 " substitute " sections 90 and 91 " , and

(ii) for " the National Insurance Act 1966 " substitute " the National Insurance (No. 2) Act (Northern Ireland) 1966 "; and

(b) in subsection (5) for " section 65 " substitute " section 64 ".

6

In section 94—

(a) In subsection (6) for "section 56(1)" substitute " section 54(1) ";

(b) in subsection (7) for " schemes " substitute " regulations ";

(i) for " sections 46 and 47" substitute " sections 45 and 46 ";

(ii) for " section 82(2) " substitute " section 77(2) " , and

(iii) for " section 82(1) " substitute " section 77(1) ".

7

Section 96(6) shall apply to regulations and orders which under this Act or Part IV of the National Insurance Act (Northern Ireland) 1966 can be made by the Northern Ireland Ministry as if the reference in that subsection to the Secretary of State or the Joint Authority were a reference to that Ministry and the references to the Treasury were references to the Ministry of Finance ; and in its application to regulations or orders made otherwise than by that Ministry that subsection shall have effect as if the words "(other than paragraph 4 of Schedule 10) or of Part IV of the former principal Act" were omitted.

8

In section 99 there shall be made the adaptations specified in paragraph 14 of Schedule 13.

9

In Part III of Schedule 22, for " section 64 " substitute " section 60 " and after " in subsection (4)" insert " in paragraph (b), for " fails " substitute " refuses or neglects " and ".

10

In Schedule 23—

(a) in paragraph 1 omit " in England or Wales ";

(b) in paragraph 3—

(i) in sub-paragraph (2) for " or on behalf " substitute " the Northern Ireland Minister or a secretary or assistant secretary ", and for " his knowledge " substitute " the knowledge of the Northern Ireland Ministry ", and

(ii) omit sub-paragraph (3);

(d) in paragraph 9(2) omit " or, in Scotland, the complaint ";

(e) omit paragraph 10 ;

(f) for paragraph 11 substitute—

(11) Where a person is convicted of any such offence as is mentioned in paragraph 7 or 8(a) above, and an order is made under Probation Act (Northern Ireland) 1950 placing the offender on probation or discharging him absolutely or conditionally, paragraphs 7 to 9 above shall apply as if the conviction were a conviction for all purposes.

;

(g) in paragraph 12 for "paragraphs 7 to 10" substitute " paragraphs 7 to 9 ";

(h) in paragraph 13 omit " In England and Wales ".

11

In Schedule 26—

(a) in paragraph 2(2) for "the National Insurance Act 1946" substitute " the National Insurance Act (Northern Ireland) 1946 ";

(b) in paragraph 3(2)(a) for "section 27 of the Redundancy Payments Act 1965 " substitute " section 37 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 ";

(d) in paragraph 6—

(i) in sub-paragraph (1) for the words from " the Secretary of State " to " respectively " substitute " the Northern Ireland Ministry considers appropriate for facilitating the introduction of the basic scheme established by Part I of this Act or the Secretary of State considers appropriate for facilitating the introduction of the reserve pension scheme established by Part III of this Act;

(ii) in sub-paragraph (2)(c) for " the Secretary of State " substitute " the Northern Ireland Ministry or as the case may be the Secretary of State ";

(e) in paragraph 7—

(i) in sub-paragraph (a) for " 105 " substitute " 99 ";

(ii) in sub-paragraph (b) for " 84 " substitute " 79 " and omit " and any regulations having effect by virtue of section 22(2) of the Family Allowances Act ".

PART II — Provisions applying to Northern Ireland in place of sections 84(6), 87 and 91 or supplementary to section 97

Amendments of Part IV of the National Insurance Act (Northern Ireland) 1966

12

Part IV of the National Insurance Act (Northern Ireland) 1966 (determination of claims and questions), so far as it remains in force, shall be amended as shown in Part III of this Schedule and, as so amended and with the repeals effected by this Act, shall have effect as set out in Part IV of this Schedule.

National Insurance Commissioners

13

(1) For the purposes of section 84 of this Act, Part IV of the National Insurance Act (Northern Ireland) 1966 and Part III of the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966, Her Majesty may from time to time appoint for Northern Ireland, from among persons who are barristers of not less than 10 years' standing, a Chief National Insurance Commissioner and such number of other National Insurance Commissioners as Her Majesty may think fit.

(2) If it appears to the Chief National Insurance Commissioner (or, in the case of his inability to act, to such other of the National Insurance Commissioners as the Chief National Insurance Commissioner may have nominated to act for the purpose) that any appeal falling to be heard by one of those Commissioners involves a question of law of special difficulty, he may direct that the appeal shall be dealt with, not by that Commissioner alone, but by a tribunal consisting of any two or three of those Commissioners, and if the decision of any such tribunal is not unanimous, the decision of the majority, or, in the case of a tribunal consisting of two Commissioners, the decision of the presiding member, shall be the decision of the tribunal.

(3) Unless the context otherwise requires, any reference in this Act to, or falling to be construed as a reference to, a National Insurance Commissioner shall, for Northern Ireland, be construed as a reference to a Commissioner appointed under this paragraph and any reference in this Act, the National Insurance Act (Northern Ireland) 1966 or the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966 to, or falling to be construed as a reference to, a Commissioner appointed under this paragraph shall include a reference to any tribunal constituted under sub-paragraph (2) above.

Information to be given to employees

14

(1) Every statement given to an employee under section 4(1) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (particulars as to terms of employment, etc.) after the appointed day shall contain a note stating—

(a) whether, for the employment in respect of which the statement is given, a recognition certificate is in force ;

(b) if not—

(i) whether the employer has applied, or intends to apply, to the Occupational Pensions Board for such a certificate and, if so, when he did so or, as the case may be, intends to do so ; and

(ii) that, during any period in which no such certificate is in force, reserve scheme contributions will be payable under section 77 of this Act in respect of the employee's earnings from the employment.

(2) The Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 shall be construed and amended as follows—

(a) any reference in subsection (5) of section 4 of the Act (alternative method of conveying information to the employee) or in subsection (4) or (6) of that section (changes in terms of employment, etc.) to that which is, or is to be, included, given or referred to in a statement under subsection (1) of that section shall be construed as including a reference to a note under sub-paragraph (1) above;

(b) any reference to that which is, or is to be, included, given or referred to in a statement under section 4(4) of the Act shall be construed in a corresponding way ;

(c) any reference in section 5(1) to (6) of the Act (employee's right of reference to industrial tribunal) shall be similarly construed, but subject to sub-paragraph (4) below ; and

(d) in section 4(8) of the Act (exclusion of section 4 requirements where information is given to employees in another way) after paragraph (b) there shall be added—

and (c) such a note as is mentioned in paragraph 14(1) of Schedule 25 to the Social Security Act 1973 has been given to the employee, or he has reasonable opportunities of reading such a note in the course of his employment, or such a note is made reasonably accessible to him in some other way ;

(3) Without prejudice to section 4 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 or sub-paragraph (1) above, the Secretary of State may make such regulations as he thinks expedient for requiring employers to inform their employees, and keep them informed, in such manner and at such times as may be prescribed—

(a) whether an employment is or is not, or will or will not be, or has ceased or may cease to be, recognised pensionable employment in relation to any category of earners ;

(b) as to the employer's intentions in respect of applying to the Occupational Pensions Board for a recognition certificate for any employment, or for the cancellation or variation of such a certificate ;

(c) that, during any period in which a recognition certificate is not in force in respect of an employment, employees in that employment will be liable for reserve scheme contributions in respect of their earnings from it;

and regulations made for the purposes of this paragraph shall include provision requiring employers to afford to those of their employees who are concerned, or to organisations representing them, reasonable opportunities of making representations with respect to the matters which are to be included in a notice under the regulations.

(4) Nothing in section 5 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (reference to tribunal as to particulars of terms of employment) shall authorise or require a tribunal to determine any question whether an employment is or has at any time been, or will at any time be, recognised pensionable employment, or whether reserve scheme contributions are, were or will be payable in respect of earnings from any employment.

(5) The Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 and this paragraph shall be construed as if this paragraph were contained in that Act.

Regulations and orders

15

(1) Any regulations made by the Northern Ireland Ministry wholly or partly by virtue of any of the following provisions of this Act, namely section 3(4), 5(9), 14(4), 41 or 42, and any order made by the Northern Ireland Ministry wholly or partly by virtue of section 12(3) or made by virtue of section 49(2) shall be laid before the Parliament of Northern Ireland after being made and shall take effect on such date as may be specified in the regulations or the order but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations or a new order) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have, or the order has, been approved by a resolution of each House of that Parliament.

(2) Sub-paragraph (1) above shall not apply—

(a) to regulations under section 41 of this Act, where the instrument containing the regulations states that the regulations are made for the purpose of making provisions consequential upon the coming into force of an order under section 49(2);

(b) to regulations to be made for the purpose only of consolidating regulations thereby revoked;

(c) to regulations which, in so far as they are made under the powers conferred by the provisions mentioned in sub-paragraph (1) above, only replace provisions of previous regulations with new provisions to the same effect.

(3) All regulations and orders made by the Northern Ireland Ministry under this Act, other than regulations or orders to which sub-paragraph (1) above applies, shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.

(4) Any reference in sub-paragraph (3) above to this Act shall include a reference to any enactment passed after this Act which is directed to be construed as one therewith, except in so far as the contrary intention appears in that enactment, and without prejudice to the generality of that direction.

16

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (procedure for laying statutory instruments or statutory documents before the Parliament of Northern Ireland) shall apply in relation to any instrument or document which by virtue of any provision of this Act is required to be laid before that Parliament as if it were a statutory instrument or statutory document within the meaning of that Act.

PART III — Amendments of Part IV of the National Insurance Act (Northern Ireland) 1966

17

(1) Throughout Part IV of the National Insurance Act (Northern Ireland) 1966 ("the Act"), except in section 69(1) and where the words first occur in section 79(1), for "the Commissioner " substitute " a Commissioner ".

(2) For section 63 of the Act substitute the following:—

(63) In this Part— (a) " the Social Security Act " means the Social Security Act 1973 ; (b) " benefit " means benefit under Part I of that Act or, as respects any period before the day appointed for the coming into force of section 2 of that Act, under this Act or the National Insurance Act (Northern Ireland) 1946 and " beneficiary" shall be construed accordingly ; (c) " claimant " means a person who has claimed benefit or whose right to be excepted from liability to pay, or to have his liability deferred for, or to be credited with, a contribution is in question; (d) " employed earner " shall be construed in accordance with section 1(7) of the Social Security Act and regulations under Part I of that Act; (e) " the Family Allowances Act " means the Family Allowances Act (Northern Ireland) 1966; (f) " the Industrial Injuries Act " means the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966 ; (g) " Ministry " and " Minister " mean respectively the Ministry of Health and Social Services and the Minister of Health and Social Services ; (h) " National Insurance Commissione r" means a Commissioner appointed under paragraph 13 of Schedule 25 to the Social Security Act; (j) " prescribed " means prescribed by regulations ; and (k) " regulations " means regulations made by the Ministry under this Act.

18

In section 64(1), (2), (3) and (6) of the Act for "Supreme Court" substitute " Court of Appeal ".

19

In section 64 of the Act—

(a) in subsection (1), for " 63(1)(a) to (c)" substitute " 84(1)(a) to (c) or 85(1)(a) or (b) of the Social Security Act ";

(b) in subsection (2), for the words from " send notice " to the end of the subsection substitute—

give notice in writing of its intention to do so— (a) in a case where the question arises on an application made to the Ministry, to the applicant; and (b) in any case to such persons as appear to it to be concerned with the question.

20

In section 65 of the Act—

(a) in subsection (1), for " 63(1)(a) to (c)" substitute " 84(1)(a) to (c) or 85(1)(a) or (b) of the Social Security Act ";

(b) in subsection (2), for " 63(1)(d) " substitute " 84(1)(d) of the Social Security Act ".

21

In section 67(2) of the Act for " 66(1) " substitute " 84(5) of the Social Security Act ".

22

In section 68(2) of the Act for " 63(1) or section 6(2) of the Act of 1970 " substitute " 84(1) of the Social Security Act or paragraph 13 of Schedule 7 to that Act ".

23

In section 69 of the Act—

(a) in subsection (1) for " the Commissioner" substitute " a National Insurance Commissioner "; and

(b) in paragraph (c) of that subsection for " employed persons " substitute " employed earners " , and for sub-paragraph (ii) substitute—

(ii) the question at issue in any way relates to a deceased person who was a member of the association at the time of his death.

24

After section 69 of the Act insert the following new section—

(69A) Where any question under the Social Security Act (not being a question to which section 84(1) of that Act or paragraph 14 of Schedule 7 to that Act applies) first arises in the course of an appeal to a local tribunal constituted under section 76 of this Act or a National Insurance Commissioner, the tribunal or Commissioner may, if they or he thinks fit, proceed to determine that question notwithstanding that it has not been considered by an insurance officer.

25

In section 70(1) of the Act for the words from " section 63(1) " to the end of paragraph (a) substitute—

section 84(1) of the Social Security Act or paragraph 14 of Schedule 7 to that Act applies, he shall— (a) refer the latter question for determination in accordance (subject to any necessary modifications) with section 84 of that Act and sections 64 and 65 of this Act or, as the case may be, paragraph 14 of Schedule 7 to that Act; and

26

In section 71 of the Act—

(a) in subsection (1), for " sections 66 " substitute " section 84(5) of the Social Security Act and sections 67 ";

(b) for paragraph (c) of subsection (1) substitute—

(c) the decision was based on the decision of any question to which section 84(1) of the Social Security Act or paragraph 14 of Schedule 7 to that Act applies and the decision of that question is revised in accordance with the provisions of section 65 of this Act or reviewed in accordance with the provisions of paragraph 15 of that Schedule.

;

(c) in subsections (3) and (4) for " sections 66 to 69" substitute " the sections of the Social Security Act and this Act referred to in the introductory words of subsection (1) ".

27

In section 72 of the Act—

(a) in subsection (1)—

(i) for " sections 63 to 71 " substitute " section 84(1) to (5) of the Social Security Act and sections 64, 65 and 67 to 71 ";

(ii) after " any other provision of this Act" insert " or the Social Security Act ";

(iii) after " in connection with this Act" insert " or the Social Security Act ";

(iv) for " 63(1)(d)" substitute " 84(1)(d) of the Social Security Act ";

(v) for " sections 63, 64(1) to (4), 65 " substitute " section 84(1) to (5) of the Social Security Act and sections 64(1) to (4), 65, 67 ";

(b) in subsection (2) for " 63(1) or 73(1)" substitute " 84(1) of the Social Security Act ";

(i) for " Supreme Court" (twice) substitute " Court of Appeal ";

(ii) for " subsections (5) and (6)" substitute " subsection (6) ";

(iii) for " they apply " substitute " it applies ".

28

In section 74 of the Act—

(a) in subsection (1) for " provisions of sections 63 to 71 " substitute " foregoing provisions of this Part and of section 84(1) to (5) of the Social Security Act;

(b) after subsection (1) insert—

(1A) Subsection (1) shall not make any finding of fact or other determination embodied in or necessary to a decision, or on which it is based, conclusive for the purpose of any further decision ; and this subsection applies not only to subsection (1) but also to provisions of earlier Acts corresponding to that subsection and applies as regards the effect to be given in any proceedings to any decision, whether the decision was given or the proceedings commenced before or after the passing of the Social Security Act.

;

(i) for " sections 63" substitute " section 84(1) to (5) of the Social Security Act and sections 64, 65 and 67 ";

(ii) after paragraph (c) insert—

(d) that in such cases as may be prescribed one or more medical practitioners shall sit with a local tribunal either as additional members or as assessors and for the appointment by the Ministry of medical practitioners to act for this purpose either generally or for such cases or for such tribunals as the Ministry may determine ; (e) for extending and defining the functions of assessors for the purposes of this Act; (f) for empowering the Ministry, a local tribunal or an insurance officer to refer to a medical practitioner for examination and report any question arising for its, their or his decision ; (g) for the non-disclosure to a person of the particulars of any medical advice or medical evidence given or submitted for the purposes of the determination of, or of any question arising on, any claim if, in the opinion of the prescribed authority, being the person or tribunal, or the chairman of the tribunal, by whom that determination falls to be made, disclosure of those particulars to that person would be undesirable in the interests of that person ;

;

(iii) for " sections 63 to 73 " substitute " section 84(1) to (5) of the Social Security Act and sections 64, 65 and 67 to 72 ".

29

In section 75 of the Act—

(a) in subsection (1)—

(i) for " benefit under this Act" substitute " benefit under Part I of the Social Security Act ";

(ii) for " 63(1)(a) " substitute " 84(1)(a) of that Act ";

(iii) for " sections 66 " substitute " section 84(5) of the Social Security Act and sections 67 ";

(b) in subsection (2) for " purposes of this Act" substitute " purposes of the Social Security Act ".

30

In section 76 of the Act—

(a) in subsection (1)—

(i) for " sections 66 " substitute " section 84(5) of the Social Security Act and sections 67 ";

(ii) in paragraph (a) for "insured persons other than employed persons" substitute " earners other than employed earners ";

(iii) in paragraph (b) for " employed persons " substitute " employed earners ";

(b) in subsection (3) for " insured persons " substitute (in both places) " employed earners ";

31

In section 78 of the Act—

(a) at the beginning there shall be inserted the following subsection—

(1) A National Insurance Commissioner shall retire when he attains the age of seventy-two years ; but where a Commissioner who is remunerated by means of a salary would, if he were so to retire, not have completed fifteen years' service, he may continue in office until the end of the completed year of service in which he completes fifteen years' service or attains the age of seventy-five years, whichever first occurs. For the purposes of this section and Part II of the Judicial Pensions Act (Northern Ireland) 1951, service before the coming into force of paragraph 13 of Schedule 25 to the Social Security Act by any person as a Commissioner, deputy Commissioner, umpire or deputy umpire for the purposes of this Act, the Industrial Injuries Act or the enactments re-enacted by this Act and that Act and remunerated by means of a salary shall be treated as service by that person as a Commissioner appointed under that paragraph and so remunerated.

;

(b) in subsection (2)(a), for " section 9(3) of the National Insurance (No. 2) Act (Northern Ireland) 1966 " substitute " subsection (1) ";

32

In section 79 of the Act—

(a) in subsection (1) for " the Commissioner", where those words first occur, substitute " a National Insurance Commissioner "; and

(b) in subsection (3) for " the foregoing provisions of this Part" substitute " this Act, the Social Security Act ".

33

In section 80 of the Act—

(a) in subsection (1)—

(i) for " subsections (2) to (5)" substitute " subsection (2) ";

(ii) for the words from " the National" to " Act of 1970) " substitute " the Ministry of any benefit ";

(b) after subsection (1) insert—

(1A) Any sums repaid to the Ministry in pursuance of subsection (1) shall— (a) be paid by it into the Exchequer insofar as they represent benefit which under section 46(1)(a) of the Social Security Act is not payable out of the Northern Ireland National Insurance Fund ; and (b) otherwise be paid by it into that Fund

;

(c) in subsection (3)(a) after " contributions" insert " under Part I of the Social Security Act or contributions or premiums under Part III of that Act. ".

PART IV — Part IV of the National Insurance Act (Northern Ireland) 1966 as amended

SCHEDULE 26

Supersession of National Insurance Acts, but with continuity

1

Subject to the following provisions of this Schedule, on and after the appointed day no person shall be insured under the former principal Act or entitled to benefit under that Act.

2

(1) Regulations may provide that, in relation to—

(a) persons who cease by virtue of paragraph 1 above to be insured under the former principal Act,

(b) persons to or in respect of whom benefit under that Act was, or but for a disqualification or forfeiture would have been, payable immediately before the appointed day ; and

(c) persons who had a prospective right to, or expectation of, any benefit under that Act immediately before the appointed day,

the provisions of this Act (other than this Schedule) shall have effect subject to such modifications as may be prescribed with a view to securing continuity between this Act and the former principal Act.

(2) Without prejudice to the generality of the powers conferred by sub-paragraph (1) above, regulations under that sub-paragraph may in particular provide for the taking into account, for such purposes and in such manner and subject to such conditions as may be prescribed, of contributions paid or credited or deemed to be, or treated as, paid or credited, under the former principal Act or the National Insurance Act 1946, or any enactment repealed by the last-mentioned Act.

(3) Regulations may provide that this Act (except this sub-paragraph) shall have effect subject to prescribed modifications in relation to persons who attained the age of 19 before the day appointed for the coming into force of section 2 and who, immediately before that day, were not insured under the former principal Act.

3

(1) Regulations may make such provision as the Secretary of State thinks appropriate for enabling unpaid contributions under the former legislation to be recovered and disposed of under paragraphs 9 to 14 of Schedule 23 to this Act (applying those paragraphs by analogy and with the necessary modifications) in the case of a person being convicted of such an offence as is mentioned in paragraph 7 or 8(a) of that Schedule committed in the period of two years beginning with the day appointed for the coming into force of section 2 of this Act.

(2) For this purpose—

(a) " the former legislation " means the former principal Act, section 1 of the National Health Service Contributions Act 1965, section 2(1)(a) of the Industrial Injuries Act and section 27 of the Redundancy Payments Act 1965 ; and

(b) " contributions " includes payments in lieu of contributions for the purposes of Part III of the former principal Act.

Continuance in force of existing provisions

4

Notwithstanding any repeal effected by this Act, provision may be made by regulations for continuing in force, with or without prescribed modifications, such provisions of the former principal Act or any other enactment specified in the third column of Schedule 28 to this Act as the Secretary of State considers appropriate for the purpose of preserving rights to benefit under that Act or those enactments in those cases (if any) in which in his opinion adequate alternative rights to benefit under this Act are not conferred in pursuance of paragraph 2 above, or for temporarily retaining the effect of those provisions for transitional purposes.

5

In the foregoing provisions of this Schedule, any reference to benefit under the former principal Act includes a reference to such other benefit, pension or allowance as is mentioned in paragraph 17(2)(b) of Schedule 11 to that Act (which relates to pre-1948 beneficiaries).

General

6

(1) Without prejudice to the powers conferred by any other provision of this Act, regulations may make such provision as the Secretary of State considers appropriate for facilitating the introduction of the basic scheme and reserve pension scheme established by Parts I and III of this Act respectively and of the provisions of Part II of this Act relating to the recognition of employments, for modifying the system of insurance contained in the former principal Act (so far as it continues in force after the passing of this Act), so as to bring it into conformity with those schemes and provisions or for facilitating the winding up of that system of insurance or the disposal of matters connected with that system or with any enactment modified or repealed by this Act.

(2) Regulations under this paragraph may—

(a) include provisions modifying any enactment specified in the third column of Schedule 28 to this Act or any instrument in force by virtue of such an enactment, as respects any period during which the enactment continues in force after the passing of this Act;

(b) provide for the repeal or modification of any enactment by this Act to have effect subject to prescribed savings ;

(c) include provisions for making such modifications of any enactment as the Secretary of State considers appropriate having regard to any modifications which, by virtue of paragraph 4 above are made in provisions of the former principal Act continued in force by virtue of that paragraph.

7

Her Majesty may by Order in Council provide—

(a) that any Order in Council under section 105 of the former principal Act (which relates to reciprocity agreements) shall, for the purposes of that section or of that section and section 50 of this Act, have effect with such modifications as may be specified in the Order under this paragraph and shall have effect as if any reference in those sections to an agreement included a reference to a proposed agreement;

(b) that any Order in Council under section 84 of the Industrial Injuries Act and any regulations having effect by virtue of section 22(2) of the Family Allowances Act (which also relate to reciprocity agreements) shall have effect with such modifications as may be so specified.

8

Any instrument (except any regulations, Order in Council and any other order) and any appointment which is in force immediately before the appointed day and was made or has effect as if made under an enactment repealed by this Act shall, in so far as a corresponding instrument or appointment is capable of being made under any provision of this Act, be deemed to be so made except to the extent that regulations otherwise provide, and any reference in any document to an enactment repealed and re-enacted by this Act with or without modifications shall, in so far as the context permits, be construed as a reference to this Act or the corresponding enactment therein.

SCHEDULE 27

PART I — Enactments of the Parliament of the United Kingdom

The Bankruptcy (Scotland) Act 1913 (c. 20)

1

In section 118(1) of the Bankruptcy (Scotland) Act 1913—

(a) in paragraph (a), after "income tax" insert " or Class 4 contributions under Part I of the Social Security Act 1973 ";

(b) for paragraph (f) substitute—

(f) all the debts specified in section 93(2) of the Social Security Act 1973.

The Bankruptcy Act 1914 (c. 59)

2

In section 33(1) of the Bankruptcy Act 1914—

(a) in paragraph (a), after " income tax" insert " or Class 4 contributions under Part I of the Social Security Act 1973 ";

(b) for paragraph (f) substitute—

(f) all the debts specified in section 93(2) of the Social Security Act 1973

3

In Schedule 2, paragraph 9, for "payable under the National Insurance Act, 1911 " substitute " or premiums payable under Part I or Part III of the Social Security Act 1973 ".

The Unemployment Insurance Act 1935 (c. 8)

4

In section 80(1) of the Unemployment Insurance Act 1935, for " the National Insurance Act, 1946" substitute " Part I of the Social Security Act 1973 ".

The Road Haulage Wages Act 1938 (c. 44)

5

In section 6(2) of the Road Haulage Wages Act 1938, for " the National Insurance (Industrial Injuries) Act, 1946" substitute " Part I of the Social Security Act 1973 ".

The Fire Services Act 1947 (c. 41)

6

In section 26(2) of the Fire Services Act 1947, in paragraph (f), for "National Insurance (Industrial Injuries) Act, 1946, or the National Insurance Act, 1946," substitute " enactments relating to national insurance and social security ".

The National Assistance Act 1948 (c. 29)

7

In section 50(4) of the National Assistance Act 1948, for the words from " of this section " onwards substitute " of this section, less any amount received by the authority by way of death grant in respect of that death under section 30 of the Social Security Act 1973. ".

8

In section 64(1), for the definition of " trade dispute" substitute—

" trade dispute " has the meaning given, for the purpose of section 14 of the Social Security Act 1973, by subsection (6)(b) of that section ;

The Companies Act 1948 (c. 3.8)

9

In section 319 of the Companies Act 1948—

(a) in subsection (1), for paragraph (e) substitute—

(e) unless the company is being wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company, all the debts specified in section 93(2) of the Social Security Act 1973

;

(b) in subsection (8)(c), for the words from " National Insurance " onwards substitute " Social Security Act 1973 as earnings paid in that period ; and ".

The Industrial Assurance and Friendly Societies Act 1948 (c. 39)

10

In section 7 of the Industrial Assurance and Friendly Societies Act 1948—

(a) for " National Insurance Act, 1946 " substitute " enactments relating to national insurance and social security "; and

(b) for " the said Act of 1946 " substitute " those enactments ".

The Law Reform (Personal Injuries) Act 1948 (c. 41)

11

In section 2 of the Law Reform (Personal Injuries) Act 1948, substitute the following for subsection (6)—

(6) In this section references to any benefit shall be construed as in the enactments relating to national insurance and social security (including enactments in force in Northern Ireland); and for the purposes of this section an industrial disablement gratuity is to be treated as benefit for the period taken into account by the assessment of the extent of the disablement in respect of which it is payable.

The Children Act 1948 (c. 43)

12

In section 18(2) of the Children Act 1948, for the words from " the said subsection (1)" onwards substitute " the said subsection (1), less any amount received by the authority by way of death grant in respect of that death under section 30 of the Social Security Act 1973. ".

The Juries Act 1949 (c. 27)

13

In section 1(1)0) of the Juries Act 1949 (as substituted by section 27 of the Criminal Justice Act 1972), after " national insurance " insert " and social security ".

The Justices of the Peace Act 1949 (c. 101)

14

In section 8(1) of the Justices of the Peace Act 1949 (as amended by section 4 of the Justices of the Peace Act 1968 and set out in Schedule 4 to that Act), for " the National Insurance Acts 1965 to 1967 " substitute " the enactments relating to national insurance and social security ".

The Fire Services Act 1951 (c. 27)

15

In section 2 of the Fire Services Act 1951, for subsection (4) substitute—

(4) Nothing in subsection (1) of this section shall affect the operation of the enactments relating to national insurance and social security, but the Firemen's Pension Scheme may provide for the reduction or withholding of awards under the Scheme where, in respect of the same matters, benefit is payable under those enactments and awards may be made under the Scheme.

The Local Government Superannuation Act 1953 (c. 25)

16

In section 25 of the Local Government Superannuation Act 1953, in paragraph (a) of the proviso to subsection (1), for "twenty-two of the National Insurance Act 1946 " substitute " 30 of the Social Security Act 1973 ".

The Friendly Societies Act 1955 (4 Eliz. 2. c. 19)

17

In section 9 of the Friendly Societies Act 1955—

(a) in subsection (1), for "Insurance Acts" substitute " enactments relating to national insurance and social security ";

(b) for subsection (2) substitute—

(2) Where the Secretary of State furnishes a registered friendly society or branch, in connection with a claim for benefit from the society or branch, with information relating to a claim or award under those enactments, the expenses incurred in connection therewith by the Secretary of State or any other government department shall be treated as expenses in carrying those enactments into effect.

The House of Commons Disqualification Act 1957 (c. 20)

18

In Schedule 1 to the House of Commons Disqualification Act 1957, in Part III, for the entry beginning " Chairman or Reserve Chairman of a Local Tribunal constituted for the purposes of the National Insurance Act 1965 " substitute—

Chairman of a Local Tribunal constituted under section 77 of the National Insurance Act 1965 or section 76 of the National Insurance Act (Northern Ireland) 1966.

;

and in the Part substituted for Part III of Schedule 1 to that Act in relation to the Senate and House of Commons of Northern Ireland, for the corresponding entry substitute—

Chairman of a Local Tribunal constituted under section 76 of the National Insurance Act (Northern Ireland) 1966.

The Public Records Act 1958 (c. 51)

19

In Schedule 1 to the Public Records Act 1958—

(a) in the second column of the Table, at the end of paragraph 3, after the entry relating to the Pneumoconiosis and Byssinosis Benefit Board, insert—

Occupational Pensions Board. Reserve Pension Board.

(b) the second column of that Table shall continue to have effect subject to the amendment made by paragraph 2 of Part I of Schedule 2 to the National Insurance (Old persons' and widows' pensions and attendance allowance) Act 1970, that is to say, after the entry relating to the Industrial Injuries Advisory Council, there shall continue to be inserted the following entry—

Attendance Allowance Board.

The Fatal Accidents Act 1959 (c. 65)

20

In section 2(2) of the Fatal Accidents Act 1959, in the definition of " benefit", for the words from " National Insurance " to " Parliament of" substitute " enactments relating to national insurance and social security including enactments in force in ".

The Wages Councils Act 1959 (c. 69)

21

In section 14(1) of the Wages Councils Act 1959, in paragraph (a), for " National Insurance (Industrial Injuries) Act 1946, the National Insurance Act 1946 " substitute " enactments relating to national insurance and social security ".

The Education Act 1962 (c. 12)

22

In section 9 of the Education Act 1962, in the proviso to subsection (5), for " or national insurance (including industrial injuries insurance)" substitute " national insurance and social security ".

The Administration of Justice Act 1964 (c. 42)

23

In section 17(2)(b) of the Administration of Justice Act 1964, for " employer's contributions payable in respect of those officers under the National Insurance Acts 1946 to 1963 " substitute " secondary Class 1 contributions, secondary reserve scheme contributions and reserve scheme premiums payable in respect of those officers under Part I or, as the case may be, Part III of the Social Security Act 1973 ".

The Diplomatic Privileges Act 1964 (c. 81)

24

In section 2(4) of the Diplomatic Privileges Act 1964, for the words from " which is insurable employment" to " any contribution " substitute " in respect of which contributions or premiums are payable under the enactments relating to national insurance and social security, including enactments in force in Northern Ireland, but not so as to render any person liable to any contribution or premium ".

The National Insurance (Industrial Injuries) Act 1965 (c. 52)

25

In section 5(4) of the Industrial Injuries Act, for " sections 75 and 76 of this Act" substitute " section 76 of this Act and section 94(8) of the Social Security Act ".

26

In section 8(2), after " vessel" insert " hovercraft (within the meaning of the Hovercraft Act 1968) ".

27

In section 11, after subsection (4) insert—

(5) Subsection (1)(a) to (e) of section 12 of the Social Security Act, and any regulations made under those paragraphs or under subsection (2) of that section, shall have effect for the purposes of injury benefit as they have effect for the purposes of unemployment benefit or sickness benefit under Part I of that Act.

28

In section 13A(5), for " Insurance Act" substitute " Social Security Act ".

29

In section 17(5), for "29 of the Insurance Act" substitute " 22 of the Social Security Act ".

30

In section 19(3), in paragraph (d), for " the upper limit of the compulsory school " substitute " school-leaving ".

31

Section 27(2) shall continue to have effect subject to the amendment made by section 2(1) of the National Insurance &c. Act 1969, that is to say, for paragraph (b) there shall continue to be substituted—

(b) for extinguishing the right to payment of any sum by way of benefit if payment is not obtained within a prescribed period, not being less than twelve months, from the date on which the right is to be treated under the regulations as having arisen.

32

For section 28(1) substitute—

(1) Subject to the provisions of this Act, every assignment of, or charge on, benefit, and every agreement to assign or charge benefit, shall be void, and, on the bankruptcy of a beneficiary, the benefit shall not pass to any trustee or other person acting on behalf of his creditors. (1A) In the application of subsection (1) of this section to Scotland— (a) the reference to assignment of benefit shall be read as a reference to its assignation, " assign " being construed accordingly ; (b) the reference to a beneficiary's bankruptcy shall be read as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 14 of the Bankruptcy (Scotland) Act 1913 or section 15 of the Solicitors (Scotland) Act 1958.

33

In section 29(1), for " against which he is insured under this Act" substitute " arising out of and in the course of his employed earner's employment ".

34

In section 32(1), for " Part II of the Insurance Act" substitute " Chapter II of Part I of the Social Security Act ".

35

In section 34(3), for paragraph (b) substitute—

(b) the employed earners have died as a result of accidents arising out of and in the course of their employed earner's employment,

36

In section 35—

(a) in subsection (2), for " 64(1)(d) of that Act" substitute " 84(1)(d) of the Social Security Act ";

(b) in subsection (3), for the words from "subsection (1)(a) to (e)" onwards substitute " subsection (1)(a) of this section as it applies in relation to any question arising under the Social Security Act such as is mentioned in section 84(1)(a) of that Act ";

(c) in subsection (4) for "the said section 64(1 )(a) to (c) of that Act" substitute " section 84(1)(a) of the Social Security Act ".

37

In section 50—

(a) in subsection (2)—

(i) in paragraph (a), for " an insurance tribunal" substitute " and a competent tribunal ";

(ii) in paragraph (b), for " insurance tribunal" substitute " competent tribunal ";

(iii) in paragraphs (c) and (h), for " an insurance tribunal" substitute (in each case) " a competent tribunal ";

(iv) in paragraph (g), for " an insurance tribunal" substitute " or a competent tribunal ";

(b) in subsection (6), for " " insurance tribunal" " substitute " competent tribunal " ".

38

In section 54—

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