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

and where a scheme provides benefit for a member's widow or dependant, it may provide for commutation by the beneficiary in such circumstances as may be prescribed.

(5) In respect of any of the benefits or rights alternative to short service benefit provided in accordance with paragraph 9(2) above, this paragraph shall apply with such modifications as may be prescribed.

(6) In the application of this paragraph to Scotland, for reference to assignment there shall be substituted references to assignation.

Forfeiture, etc.

16

(1) Except so far as permitted by this paragraph, and subject to paragraph 17 below, a scheme must not contain any provision for forfeiture of short service benefit.

(2) Provision may be made for forfeiture of the whole or part of any short service benefit by reference to an event occurring after the benefit becomes payable, but only an event by reference to which long service benefit would be forfeited; and such a provision must not be in terms which in the opinion of the Occupational Pensions Board appear to discriminate against members entitled to short service benefit.

(3) Provision may be made for forfeiture by reference to—

(a) the assignment or attempted assignment or, in Scotland, the assignation or attempted assignation of the benefit contrary to the provisions of the scheme;

(b) the member's bankruptcy or, in the case of benefit for a widow or dependant of the member, the beneficiary's bankruptcy ;

and in this case forfeiture may be by reference to an event occurring either before or after the benefit would otherwise be payable, so long as the like provision is made in relation to long service benefit.

(4) Provision for forfeiture may be made—

(a) in a public service pension scheme, by reference to the member being convicted of an offence—

(i) committed by him before the benefit becomes payable and in connection with relevant employment, and

(ii) certified by a Minister of the Crown either to have been gravely injurious to the State or to be liable to lead to serious loss of confidence in the public service;

(b) in any case, by reference to the member having been convicted of any offence committed before the benefit becomes payable, being—

(i) an offence of treason, or

(ii) one or more offences under the Official Secrets Acts 1911 to 1939 for which the member has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.

17

(1) No rule must operate so as to deprive a person of short service benefit (whether a member himself, or his widow or a dependant) by reference to—

(a) failure by him or any other person to make a claim for the benefit or for any payment due as benefit; or

(b) failure by him or any other person, at any time after termination of relevant employment, to give any notice, or comply with any formality, required by the scheme as a condition of entitlement.

(2) Sub-paragraph (1)(a) above is not to prevent reliance on any enactment relating to the limitation of actions ; and in cases of failure to claim, the scheme may provide for the right to receive any payment to be forfeited in the event of its not being claimed within 6 years of the date on which it became due.

18

(1) A scheme must contain no rule enabling a member's employer to exercise any description of charge or lien on, or set-off against, short service benefit, to the extent that it includes transfer credits ; but a charge or lien on, or set-off against, a member's short service benefit is permissible (insofar as it does not include transfer credits) for the purpose of enabling the employer to obtain the discharge by the member of some monetary obligation due to the employer and arising out of a criminal, negligent or fraudulent act or omission by the member.

(2) No rule is to permit the employer to recover from, or retain out of, the resources of the scheme any sum in respect of a monetary or other obligation due to him from any member, except an obligation arising as mentioned in sub-paragraph (1) ; and rules permitting such recovery or retainer must so provide that—

(a) in respect of any such obligation, recovery or retainer is limited to the actuarial value of the member's actual or prospective benefits at that time, or the amount of the obligation, whichever is the less (subject to any different agreement in writing between the employer and the member) ; and

(b) the member is entitled to a certificate showing the amount retained or recovered and its effect on his benefits or prospective benefits ; and

(c) in the event of any dispute as to the amount to be retained or recovered, the employer is not entitled to enforce the charge, lien or set-off except after the obligation has become enforceable under an order of a competent court or the award of an arbitrator or in Scotland an arbiter to be appointed (failing agreement between the parties) by the sheriff.

19

In respect of any of the benefits or rights alternative to short service benefit provided in accordance with paragraph 9(2) above, paragraphs 16 to 18 shall apply with such modifications as may be prescribed.

PART II — Supplementary Regulations

20

Regulations may, in respect of any specified provision contained in Part I of this Schedule, provide that a scheme is not to be treated as conforming with the preservation requirements unless it contains express rules to the effect (but not necessarily in the words) of that provision.

21

Regulations may modify Part I of this Schedule in relation to schemes with any overseas element, that is to say, schemes established, or relating to employment, or with parties domiciled, resident or carrying on business, in any part of the world outside the United Kingdom, or otherwise not confined in their operation to the United Kingdom.

22

Regulations may make provision as to the circumstances in which, for the purposes of Part I of this Schedule—

(a) a period of a person's service in two or more different employments is to be treated as a period of service in one or more of those employments ;

(b) a person's service in any employment is to be treated as terminated or not terminated.

23

Regulations may modify Part I of this Schedule in its application to cases where an earner is for the time being, or has been, employed in pensionable service under, or in recognised pensionable employment by reference to, different schemes applying to the same employment and these regulations may relate to service under or, as the case may be, by reference to different schemes at the same time, or at different times.

24

Regulations may make such provision modifying Part I of this Schedule as the Secretary of State thinks fit for securing that the preservation requirements include requirements for provision to be made in a scheme as to the preservation of a member's benefit in the event of the scheme being wound up.

25

Regulations may modify Part I of this Schedule in any manner which the Secretary of State thinks appropriate with a view to securing the orderly implementation of the provisions of section 63 of this Act and to obtaining general compliance with that section ; and regulations made under this paragraph may include incidental and supplementary provisions, including provisions appearing to the Secretary of State to be required in consequence of different provisions of Part I of this Schedule being brought into force at different times.

26

Without prejudice to any of the foregoing provisions, regulations may provide for the preservation requirements to apply with such modifications and exceptions as the Secretary of State considers to be necessary for particular cases or classes of cases.

SCHEDULE 17

Preliminary

1

The Occupational Pensions Board ("the Board") shall have perpetual succession and a common seal.

Membership

2

Subject to the following provisions of this Schedule, a person shall hold and vacate office as chairman, deputy chairman or other member of the Board in accordance with the terms of the instrument appointing him.

3

A person may at any time resign office as chairman, deputy chairman or other member of the Board by giving to the Secretary of State written notice of resignation signed by that person.

4

(1) If a member of the Board becomes or ceases to be chairman or deputy chairman, the Secretary of State may vary the terms of the instrument appointing him to be a member so as to alter the date on which he is to vacate office.

(2) If the chairman or deputy chairman ceases to be a member, he shall cease to be chairman or deputy chairman, as the case may be.

5

(1) If the Secretary of State is satisfied that a member of the Board—

(a) has been absent from meetings of the Board for a period longer than 3 consecutive months without the Board's permission ; or

(b) has become bankrupt or made an arrangement with his creditors,

the Secretary of State may remove that member.

(2) In the application of sub-paragraph (1) above to Scotland, for the references to a member's having become bankrupt and to his having made an arrangement with his creditors there shall be substituted respectively references to sequestration of a member's estate having been awarded and to his having made a trust deed for behoof of his creditors or a composition contract.

(3) Without prejudice to the foregoing provisions, the Secretary of State may remove a member of the Board on the ground of incapacity or misbehaviour.

Expenses; remuneration etc. of members

6

The expenses of the Board, to such an amount as may be approved by the Minister for the Civil Service, shall be paid by the Secretary of State.

7

There may be paid as part of the expenses of the Board—

(a) to all or any of the members of the Board, such salaries or other remuneration and travelling and other allowances ;

(b) to persons attending their meetings at the request of the Board, such travelling and other allowances (including compensation for loss of remunerative time); and

as being persons considered by the Board to be specially qualified to advise them on particular matters, such fees, as the Secretary of State may with the consent of the Minister for the Civil Service determine.

8

The Secretary of State may with the consent of the Minister for the Civil Service provide for the payment of pensions, allowances or gratuities to or in respect of such members of the Board as may be so determined.

9

Where a person ceases to be a member of the Board otherwise than on the expiration of his term of office and it appears to the Secretary of State that there are circumstances which make it right for that person to receive compensation, the Secretary of State may with the consent of the Minister for the Civil Service make to that person a payment of such amount as the Secretary of State may determine with the consent of that Minister.

Proceedings

10

(1) The quorum of the Board and the arrangements relating to their meetings shall be such as the Board may determine.

(2) Subject to regulations made by the Secretary of State under section 66(7) and section 67(4) of this Act, the procedure of the Board, in relation to the discharge of any of their functions, shall be such as the Board may determine.

11

The validity of any proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

12

(1) Where the Board give a decision on any matter dealt with by them by means of a formal hearing, or on review, it shall be their duty to furnish a statement, either written or oral, of the reasons for the decision if they are requested, on or before the giving or notification of the decision, to state their reasons.

(2) Any statement by the Board of their reasons for a decision, whether the statement is given by them in pursuance of this paragraph or otherwise, shall be taken to form part of the decision and accordingly to be incorporated in the record.

Staff etc.

13

(1) The Secretary of State may make available to the Board the services of such officers and servants of his department as he may consider appropriate for the proper discharge of the functions of the Board.

(2) The Board may authorise any member, or any officer or servant of the Secretary of State's department, to perform on the Board's behalf such of their functions (including the power to give an authorisation for the purposes of this paragraph) as may be specified in the authorisation.

Fees

14

Regulations made by the Secretary of State may authorise the Board to charge fees for their services in respect of the modification of an occupational pension scheme on an application made in that behalf under section 64 of this Act, including services in connection with the drawing up of any order of the Board made on application.

Instruments and contracts

15

The fixing of the common seal of the Board shall be authenticated by the signature of the secretary of the Board or some other person authorised by them to act for that purpose.

16

A document purporting to be duly executed under the seal of the Board shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

SCHEDULE 18

PART I — The Board

Preliminary

1

The Reserve Pension Board (" the Board ") shall have perpetual succession and a common seal.

Membership

2

It shall be the duty of the Secretary of State—

(a) to satisfy himself, before he appoints a person to be a member of the Board (whether as chairman, deputy chairman or otherwise), that that person will have no such financial or other interest as is likely to affect prejudicially the performance of his functions as a member ; and

(b) to satisfy himself from time to time with respect to each member that the member has no such interests ;

and a person who is a member of the Board, or whom the Secretary of State proposes to appoint to be a member shall, whenever requested by the Secretary of State to do so, furnish him with such information as he may specify with a view to carrying out his duty under this paragraph.

3

4

A person may at any time resign office as chairman, deputy chairman or other member of the Board by giving to the Secretary of State written notice of resignation signed by that person.

5

(1) If a member of the Board becomes or ceases to be chairman or deputy chairman, the Secretary of State may vary the terms of the instrument appointing him to be a member so as to alter the date on which he is to vacate office.

(2) If the chairman or deputy chairman ceases to be a member he shall cease to be chairman or deputy chairman, as the case may be.

6

(1) If the Secretary of State is satisfied that a member of the Board—

(a) has been absent from meetings of the Board for a period longer than 3 consecutive months without the Board's permission ; or

(b) has become bankrupt or made an arrangement with his creditors,

the Secretary of State may remove that member.

(2) In the application of sub-paragraph (1) above to Scotland, for the references to a member's having become bankrupt and to his having made an arrangement with his creditors there shall be substituted respectively references to sequestration of a member's estate having been awarded and to his having made a trust deed for behoof of his creditors or a composition contract.

(3) Without prejudice to the foregoing provisions, the Secretary of State may remove a member of the Board on the ground of incapacity or misbehaviour.

Remuneration, etc., of members

7

The Board shall pay to each member such remuneration as the Secretary of State may determine with the consent of the Minister for the Civil Service.

8

The Board shall make such provision as may be determined by the Secretary of State with the consent of the Minister for the Civil Service for the payment of pensions, allowances or gratuities to or in respect of such members of the Board as may be so determined.

9

Where a person ceases to be a member of the Board otherwise than on the expiration of his term of office and it appears to the Secretary of State that there are circumstances which make it right for that person to receive compensation, the Secretary of State may with the consent of the Minister for the Civil Service direct the Board to make to that person a payment of such amount as the Secretary of State may determine with the consent of that Minister.

Proceedings

10

The quorum of the Board and the arrangements relating to their meetings shall be such as the Board may determine.

11

(1) A member of the Board who is in any way directly or indirectly interested in a contract proposed to be made by the Board, or in any other matter whatsoever which falls to be considered by the Board (and in particular, but without prejudice to the generality of the foregoing words, a matter relating directly or indirectly to the investments of the Reserve Pension Fund), shall disclose the nature of his interest at a meeting of the Board and the disclosure shall be recorded in the minutes of the meeting; and the member shall not—

(a) in the case of a contract, take part in any deliberation or decision of the Board with respect to the contract; and

(b) in the case of any other matter, take part in any deliberation or decision of the Board with respect to that matter if the Board decide that the interest in question might affect prejudicially the member's consideration of that matter.

(2) A notice given by a member at a meeting of the Board to the effect—

(a) that he is a member of a specified company or firm and is to be regarded as interested in any contract made, or business conducted, after the date of the notice with that company or firm (or, in the case of a firm, with any member of it); or

(b) that he is a member of a specified company and is to be regarded as interested in any matter relating to the acquisition or disposal of any securities of that company,

shall for the purposes of sub-paragraph (1) above, be a sufficient disclosure of any interest of his in relation to a contract so made, or business so conducted, or to any such matter, as the case may be.

(3) A member need not attend in person at a meeting of the Board in order to make a disclosure for the purposes of this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice in writing to be taken into consideration and read at such a meeting.

(4) Nothing in this paragraph applies to any interest of a member of the Board arising from his being himself actually or prospectively entitled to a reserve scheme pension.

12

The validity of any proceedings of the Board shall not be affected by any vacancy among the members, or by any defect in the appointment of a member, or by any failure to comply with the requirements of paragraph 11 above.

Staff

13

(1) The Board shall appoint a secretary and such officers and servants as they may determine with the consent of the Secretary of State and the Minister for the Civil Service jointly as to the numbers appointed.

(2) Provision shall be made by the Board, with the like consent, as to the remuneration of their secretary, and other officers and servants; and the Board shall also make such provision as may be determined by the Secretary of State with the consent of the Minister for the Civil Service for the payment of pensions, allowances or gratuities to or in respect of their secretary or other officers and servants as may be so determined.

Performance of Board's functions

14

The Board may authorise any member, or any officer or servant appointed by them under paragraph 13 above, to perform on behalf of the Board such of their functions (including functions conferred by this paragraph) as are specified in the authorisation.

Instruments and contracts

15

The fixing of the common seal of the Board shall be authenticated by the signature of two persons, one of whom shall be the secretary of the Board or a person appointed by them to act as his deputy for the purpose and the other shall be either a member of the Board or a person authorised by them to act.

16

A document purporting to be duly executed under the seal of the Board shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

PART II — Accounts and audit of Reserve Pension Fund

17

(1) It shall be the duty of the Board—

(a) to keep proper accounts of the Reserve Pension Fund and proper records in relation to the accounts ; and

(b) to prepare in respect of each financial year, in such form as the Secretary of State with the approval of the Treasury may direct, a statement of those accounts showing the financial condition of the Fund as at the end of that year.

(2) The accounts kept and the statement prepared in pursuance of sub-paragraph (1) above shall be audited by auditors appointed from time to time by the Secretary of State; and a person shall not be qualified to be so appointed unless he is a member of one or more of the following bodies—

The Institute of Chartered Accountants in England and Wales;

The Institute of Chartered Accountants of Scotland ;

The Association of Certified Accountants ;

The Institute of Chartered Accountants in Ireland ;

any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of section 161(1)(a) of the Companies Act 1948 by the Secretary of State;

but a Scottish firm may be so appointed if each of the partners therein is qualified for appointment.

18

(1) It shall be the duty of the auditors in preparing their report on the accounts of the Fund to carry out such investigations as will enable them to form an opinion as to the following matters, namely—

(a) whether the Board have properly complied with their duties under paragraph 17 above, and have maintained a satisfactory system of control over their transactions and records ;

(b) whether the investments of the Fund indicate that the Board have complied with section 75(2) of this Act;

and the auditors shall include in their report a statement of their conclusions as to the matters referred to in this paragraph.

(2) The auditors—

(a) shall have a right of access at all times to the books, accounts and records of the Board, and to all other documents in the possession, or under the control, of the Board and relating to the Board's affairs; and

(b) shall be entitled to require from any member or officer of the Board such information and explanations as they think necessary for the performance of their duties under this paragraph and generally for the purpose of discharging their duties as auditors.

(3) If the auditors fail to obtain all the information and explanations which, to the best of their knowledge and belief, are necessary for the purposes of their audit, they shall state that fact in their report.

SCHEDULE 19

1

Regulations may provide for adjusting the amounts which are to be paid by way of reserve scheme premium in any prescribed circumstances, so as to avoid fractional amounts and otherwise to facilitate computation.

2

The purposes for which regulations may be made under paragraph 4 of Schedule 15 to this Act shall include those of enabling it to be ascertained in particular circumstances whether an employer is liable for a reserve scheme premium and the amount of any premium.

3

In relation to employed earners who, in any period of service in recognised pensionable employment—

(a) have been paid earnings in any income tax week by more than one person in respect of different employments; or

(b) have worked under the general control or management of a person other than their immediate employer,

and in relation to any other case for which it appears to the Secretary of State that such provision is needed, regulations may provide that for the purposes of section 78 of this Act the prescribed person is to be treated as liable for any reserve scheme premium payable on the termination of that period of service.

4

Regulations may provide for requiring employers (except in such cases as may be prescribed) to give notice to the Secretary of State when a person's period of service in recognised pensionable employment begins or is terminated.

5

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

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