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In the Child Support Act 1991 (“the 1991 Act”), for section 11 (maintenance assessments) there shall be substituted—
In the 1991 Act—
for “maintenance assessment”, wherever it occurs, there shall be substituted “maintenance calculation”; and
for “assessment” (or any variant of that term), wherever it occurs, there shall be substituted “calculation” (or the corresponding variant) preceded, where appropriate, by “a” instead of “an”.
For Part I of Schedule 1 to the 1991 Act, there shall be substituted the Part I set out in Schedule 1 to this Act.
In section 4 of the 1991 Act (child support maintenance), subsection (10) shall be amended as follows.
In paragraph (a), after “maintenance order” there shall be inserted “made before a prescribed date”.
After paragraph (a), there shall be inserted—.
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For section 12 of the 1991 Act (interim maintenance assessments) there shall be substituted—
The 1991 Act shall be amended as follows.
For sections 28A to 28C (which deal respectively with applications for departure directions, their preliminary consideration, and the imposition of a regular payments condition) there shall be substituted—
In section 28D (determination of applications)—
for subsection (1) there shall be substituted—;
in each of subsections (2) and (3), for “an application for a departure direction” there shall be substituted “an application for a variation”; and
in subsection (2), in paragraph (a) “lapsed or” shall be omitted, at the end of paragraph (b) “or” shall be inserted, and after that paragraph there shall be inserted—
In section 28E (matters to be taken into account)—
in subsections (1), (3) and (4), for “any application for a departure direction” (wherever appearing) there shall be substituted “whether to agree to a variation”; and
in subsection (4)(a), for “a departure direction were made” there shall be substituted “the Secretary of State agreed to a variation”.
For section 28F (departure directions) there shall be substituted—
For Schedule 4A to the 1991 Act there shall be substituted the Schedule 4A set out in Part I of Schedule 2.
For Schedule 4B to that Act there shall be substituted the Schedule 4B set out in Part II of Schedule 2.
For section 28G of the 1991 Act (effect and duration of departure directions) there shall be substituted—
Section 16 of the 1991 Act (revision of decisions) shall be amended as follows.
In subsection (1), for “of the Secretary of State under section 11, 12 or 17” there shall be substituted “to which subsection (1A) applies”.
After subsection (1), there shall be inserted—
Section 17 of the 1991 Act (decisions superseding earlier decisions) shall be amended as follows.
In subsection (1), for paragraph (c) there shall be substituted—
For subsection (4) there shall be substituted—
For section 20 of the 1991 Act (appeals to appeal tribunals) there shall be substituted—
After section 23 of the 1991 Act there shall be inserted—
In section 14 of the 1991 Act (information required by the Secretary of State), in subsection (1), after “such an application” there shall be inserted “(or application treated as made), or needed for the making of any decision or in connection with the imposition of any condition or requirement under this Act,”.
After section 14 of the 1991 Act there shall be inserted—
Section 15 of the 1991 Act (powers of inspectors) shall be amended as follows.
For subsections (1) to (4) there shall be substituted—
In subsection (6), for the words from “any person who” to the end of paragraph (d) there shall be substituted “any such person”.
After subsection (10) there shall be inserted—
Case A1 Where— Case A2 Where— Case A3 Where the result of a scientific test (within the meaning of section 27A) taken by the alleged parent would be relevant to determining the child’s parentage, and the alleged parent—
Case B1 Where the Secretary of State is satisfied that the alleged parent is a parent of the child in question by virtue of section 27 or 28 of that Act (meaning of “mother” and of “father” respectively).
After section 39 of the 1991 Act there shall be inserted—
In section 40 of the 1991 Act (commitment to prison), subsections (1) and (2) shall be omitted.
Before section 41 of the 1991 Act there shall be inserted—
In section 164(5) of the Road Traffic Act 1988 (power of constables to require production of driving licence etc.), after “Road Traffic Offenders Act 1988” there shall be inserted “, section 40B of the Child Support Act 1991”.
In section 27(3) of the Road Traffic Offenders Act 1988 (offence of failing to produce a licence), for the word “then,” there shall be substituted “, or if the holder of the licence does not produce it and its counterpart as required by section 40B of theChild Support Act 1991, then,”.
In section 40 of the 1991 Act (commitment to prison), for subsections (12) to (14) there shall be substituted—
After section 40 there shall be inserted—
In section 41 of the 1991 Act (arrears of child support maintenance), subsections (3) to (5) (which provide for the payment of interest on arrears) shall cease to have effect.
For section 41A of the 1991 Act (arrears: alternative to interest payments) there shall be substituted—
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After section 28I of the 1991 Act there shall be inserted—
Section 41B of the 1991 Act (repayment of overpaid child support maintenance) shall be amended as follows.
After subsection (1) there shall be inserted—
For subsection (7) there shall be substituted—
For section 43 of the 1991 Act (contribution to maintenance by deduction from benefit) there shall be substituted—
Section 44 of the 1991 Act (jurisdiction) shall be amended as follows.
In subsection (1), after “United Kingdom” there shall be inserted “, except in the case of a non-resident parent who falls within subsection (2A)”.
After subsection (2) there shall be inserted—
Subsection (3) shall cease to have effect.
Section 10 of the Child Support Act 1995 (which provides for the child maintenance bonus) shall cease to have effect.
Article 3(4) of the Social Security Act 1998 (Commencement No. 2) Order 1998 (which saved section 16 of the 1991 Act for certain purposes) is revoked; and accordingly that section shall cease to have effect for all purposes.
In section 52 of the 1991 Act (regulations and orders), for subsection (2) there shall be substituted—
Schedule 3 (amendment of enactments) shall have effect.
This section applies where— and the effective date of the assessment is earlier than the date on which the assessment was made, with the result that arrears of child support maintenance have become due under the assessment.
a maintenance assessment is made before a prescribed date following an application for one under section 4, 6 or 7 of the 1991 Act; or
a fresh maintenance assessment has been made following either a periodic review under section 16 of the 1991 Act or a review under section 17 of that Act (as they had effect before their substitution by section 40 or 41 respectively of the Social Security Act 1998),
The Secretary of State may in regulations provide that this section has effect as if it were modified so as—
to apply to cases of arrears of child support maintenance having become due additional to those referred to in subsection (1);
not to apply to any such case as is referred to in subsection (1).
If this section applies, the Secretary of State may in prescribed circumstances agree with the absent parent, on terms specified in the agreement, that—
the absent parent will not be required to pay the whole of the arrears, but only some lesser amount; and
the Secretary of State will not, while the agreement is complied with, take action to recover any of the arrears.
The terms which may be specified are to be prescribed in or determined in accordance with regulations made by the Secretary of State.
An agreement may be entered into only if it is made before 1st April 2002 and expires before 1st April 2003.
If the absent parent enters into such an agreement, the Secretary of State may, while the absent parent complies with it, refrain from taking action under the 1991 Act to recover the arrears.
Upon the expiry of the agreement, if the absent parent has complied with it—
he ceases to be liable to pay the arrears; and
the Secretary of State may make payments of such amounts and at such times as he may determine to the person with care.
If the absent parent fails to comply with the agreement he becomes liable to pay the full amount of any outstanding arrears (as well as any other amount payable in accordance with the assessment).
The Secretary of State may by regulations provide for this section to have effect as if there were substituted for the dates in subsection (5) such later dates as are prescribed.
In this section, “prescribed” means prescribed in regulations made by the Secretary of State.
Regulations under this section shall be made by statutory instrument.
No statutory instrument containing regulations under subsection (9) is to be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament; but otherwise a statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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Any regulations made under— may be made so as to have effect for a specified period not exceeding 12 months.
provisions inserted or substituted in the 1991 Act by this Part of this Act (or Schedule 1, 2 or 3); and
in so far as they are consequential on or supplementary to any such regulations, regulations made under any other provisions in the 1991 Act,
Any regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as “a pilot scheme”.
A pilot scheme may provide that its provisions are to apply only in relation to—
one or more specified areas or localities;
one or more specified classes of person;
persons selected by reference to prescribed criteria, or on a sampling basis.
A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.
A pilot scheme (“the previous scheme”) may be replaced by a further pilot scheme making the same provision as that made by the previous scheme (apart from the specified period), or similar provision.
A statutory instrument containing (whether alone or with other provisions) a pilot scheme shall not be made unless a draft of the instrument has been laid before Parliament and approved by resolution of each House of Parliament.
In this Part, “the 1991 Act” means the Child Support Act 1991.
The Secretary of State may in regulations make such transitional and transitory provisions, and such incidental, supplementary, savings and consequential provisions, as he considers necessary or expedient in connection with the coming into force of this Part or any provision in it.
The regulations may, in particular—
provide for the amount of child support maintenance payable by or to any person to be at a transitional rate (or more than one such rate successively) resulting from the phasing-in by way of prescribed steps of any increase or decrease in the amount payable following the coming into force of this Part or any provision in it;
provide for a departure direction or any finding in relation to a previous determination of child support maintenance to be taken into account in a decision as to the amount of child support maintenance payable by or to any person.
Section 175(3) and (5) of the Social Security Contributions and Benefits Act 1992 (supplemental power in relation to regulations) applies to regulations made under this section as it applies to regulations made under that Act.
The power to make regulations under this section is exercisable by statutory instrument.
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In section 22 of the Social Security Contributions and Benefits Act 1992 (earnings from which earnings factors are derived), after subsection (2) there shall be inserted—
...
before paragraph (a) there shall be inserted—;
“relevant authority” means an authority administering housing benefit or council tax benefit;
in paragraph (a), after “subsequent tax year” there shall be inserted “before the first appointed year”.
After that section there shall be inserted—
For the purposes of subsection (1) of section 44A of the Social Security Contributions and Benefits Act 1992, a pensioner is deemed to have an earnings factor in relation to any relevant year as specified in that subsection if—
severe disablement allowance was payable to him throughout the year; and
he satisfies the requirement in subsection (3) of that section.
In section 45 of the Social Security Contributions and Benefits Act 1992 (calculation of additional pension in a Category A retirement pension), in subsection (2)—
after “shall be” there shall be inserted “the sum of the following”;
in paragraph (b), after “after 1987-88” there shall be inserted “but before the first appointed year”; and
after that paragraph there shall be inserted; and
In that section the following subsection shall be inserted after subsection (3)—
After Schedule 4 to that Act there shall be inserted the Schedule set out in Schedule 4 to this Act.
“ “N” =
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In paragraph 5 of Schedule 8 to the Welfare Reform and Pensions Act 1999 (welfare benefits: minor and consequential amendments), sub-paragraph (b), and the word “and” immediately preceding it, shall be omitted.
After section 148 of the Social Security Administration Act 1992 there shall be inserted—
Section 148 of the Social Security Administration Act 1992 (revaluation of earnings factors) shall have effect as if— included the parts of the surplus in an earnings factor referred to in paragraphs 2(2)(a), 5(2)(a) and 7(2)(a) of Schedule 4A to the Social Security Contributions and Benefits Act 1992.
the amounts for the first appointed year and any subsequent tax year that are to be reviewed under that section,
the amounts for those years to which any directions by an order under subsection (4) of that section are to be applied, and
accordingly, the amounts for the purpose of maintaining the value of which that section has effect,
Nothing in section 148 of the Social Security Administration Act 1992 shall require, or ever have required, the earnings factors used for computing a surplus in an earnings factor for any year under section 44(5A) of the Social Security Contributions and Benefits Act 1992 to be treated as increased in any case in which that surplus, or any part of it, is itself reviewed under section 148 of the Social Security Administration Act 1992.
In section 128(3) of the Pensions Act 1995 (revaluation of surpluses in earnings factors under section 44(5A) of the Social Security Contributions and Benefits Act 1992), after “1992” there shall be inserted “for the purposes of section 45(1) and (2)(a) and (b) of that Act”.
In each of sections 42(1)(a)(ii), 42B(1)(a) and 45A(1)(a) of the Pension Schemes Act 1993 (reports by Government Actuary on cost of providing benefits equivalent to benefits which are foregone) for “which, under section 48A,” there shall be substituted “(or parts of benefits) which, in accordance with section 48A below and Schedule 4A to theSocial Security Contributions and Benefits Act 1992,”.
The Social Security Contributions and Benefits Act 1992 shall be amended as follows.
In section 21(5A)(b) (contribution conditions)—
after “22(1)(a)” there shall be inserted “, (2A)”; and
for “44(6)(a)” there shall be substituted “44(6)(za) and (a)”.
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In section 39C (rate of widowed parent’s allowance and bereavement allowance), in subsections (1), (3) and (4), after “sections 44 to 45A” there shall be inserted “and Schedule 4A”.
In section 44 (Category A retirement pension), in subsection (5A), after “section 45” there shall be inserted “and Schedule 4A”.
In that subsection, for the words from “that year,” to “surplus” there shall be substitutedthat year, .
In subsection (6) of that section, after “section 45” there shall be inserted “or Schedule 4A”.
In section 45 (the additional element in a Category A retirement pension)—
in subsections (1) and (2)(a) and (b), before “amount” (in each place) there shall be inserted “adjusted”; and
in subsection (6), for “the amount of any surpluses” there shall be substituted “any amount”.
In section 48A(4) (Category B retirement pension for married person), after “sections 44 to 45B above” there shall be inserted “and Schedule 4A below”.
In section 48B (Category B retirement pension for widows and widowers), in subsections (2) and (3), after “sections 44 to 45B above” there shall be inserted “and Schedule 4A below”.
In section 48BB (Category B retirement pension: entitlement by reference to benefits under section 39A or 39B), in subsections (5) and (6), after “sections 44 to 45A above” there shall be inserted “and Schedule 4A below”.
In section 48C(4) (Category B retirement pension: general), after “sections 44 to 45B above” there shall be inserted “and Schedule 4A below”.
In section 51 (Category B retirement pension for widowers), in subsections (2) and (3), after “sections 44 to 45A above” there shall be inserted “and Schedule 4A below”.
“first appointed year” means such tax year, no earlier than 2002-03, as may be appointed by order, and “second appointed year” means such subsequent tax year as may be so appointed;
In section 176 (Parliamentary control), after subsection (3) there shall be inserted—
The Government Actuary or the Deputy Government Actuary shall report to the Secretary of State his opinion on the effect on the level of the National Insurance Fund, and the effect which might be expected on the rates of contributions, in each year up to and including 2005-06 of annual increases in the basic pension by the percentage increase in the general level of earnings; and the Secretary of State shall lay a copy of the report before Parliament.
and for the purposes of any such review the Secretary of State shall estimate the general level of earnings in such manner as he thinks fit.
In section 48A(5) of the 1993 Act (power to modify the application of section 44(5) of the 1992 Act where in any year a pensioner’s earnings derive only partially from contracted-out employment), after “44(5)” there shall be inserted “or (5A)”.
Subsection (1) shall have effect—
in relation to the application of section 44(5A) of the 1992 Act by virtue of sections 39C(1) and 48BB(5) of that Act;
in relation to the application of section 44(5A) of the 1992 Act in the circumstances described in section 128(4) to (6) of the 1995 Act.
In relation to the period— the Secretary of State shall be taken to have, and to have had, power to calculate and pay relevant pensions by reference to section 44(5) of the 1992 Act as modified by regulations under section 48A(5) of the 1993 Act.
beginning with 6th April 2000, and
ending with the day before the first regulations under section 48A(5) of the 1993 Act (as amended by subsection (1) above) come into force,
For the purpose of applying subsection (3) above—
the substitution made by section 128(1) of the 1995 Act shall be ignored; and
references in enactments to section 44(5A) of the 1992 Act shall (so far as necessary) be treated as references to section 44(5).
The first regulations under section 48A(5) of the 1993 Act (as amended by subsection (1) above) may include provision in relation to—
revising the calculation of a relevant pension;
paying a relevant pension in accordance with a revised calculation.
Relevant pensions are pensions which fall to be calculated—
in the circumstances described in section 128(4) to (6) of the 1995 Act; and
in relation to persons where, by virtue of section 48A(1) of the 1993 Act, section 44(6) of the 1992 Act has effect in any tax year as mentioned in section 48A(1) of the 1993 Act in relation to some but not all of a person’s earnings.
For the purposes of this section—
the 1992 Act is the Social Security Contributions and Benefits Act 1992;
the 1993 Act is the Pension Schemes Act 1993;
the 1995 Act is the Pensions Act 1995.
In the provisions of the Social Security Contributions and Benefits Act 1992 that are set out in subsection (2) (provisions relating to additional pensions for surviving spouses)—
the references to 5th April 2000 (wherever occurring) shall have effect, and be deemed always to have had effect, as references to 5th October 2002; and
the references to 6th April 2000 (wherever occurring) shall have effect, and be deemed always to have had effect, as references to 6th October 2002.
Those provisions are—
sections 39(3) and 39C(4) (widowed mother’s allowance and widowed parent’s allowance);
sections 48BB(7), 48C(3) and 51(3) (Category B retirement pensions); and
paragraphs 4(3), 5A(2) and (3) and 6(3) and (4) of Schedule 5 (deferred pensions).
For section 52(3) of the Welfare Reform and Pensions Act 1999 (power to substitute a later year for references to year 2000 in prescribed provisions of the Social Security Contributions and Benefits Act 1992) there shall be substituted—
After section 52(4) of that Act of 1999 there shall be inserted—
In section 52(6) of that Act of 1999 (supplemental provisions of regulations relating to the scheme), after paragraph (e) there shall be inserted—.
Regulations may provide that a person is not to be taken for the purposes of sub-paragraph (7)(b) above as precluded from regular employment by responsibilities at home unless he meets the prescribed requirements as to the provision of information to the Secretary of State.
In section 49 of the Welfare Reform and Pensions Act 1999 (creation of state scheme pension debits and credits), for subsection (4) there shall be substituted—
In section 45B of the Social Security Contributions and Benefits Act 1992 (pension sharing resulting in reduction of additional Category A retirement pension), for subsection (7) there shall be substituted—
In section 55A of that Act (shared additional pension), for subsection (6) there shall be substituted—
In section 55B of that Act (pension sharing resulting in reduction of shared additional pension), for subsection (7) there shall be substituted—
This section applies to any state pension information which is held in relation to any individual—
by the Secretary of State; or
in connection with the provision of any services provided to the Secretary of State for purposes connected with his functions relating to social security, by the person providing those services.
The Secretary of State may, in the prescribed manner, disclose or authorise the disclosure of any information to which this section applies in any case in which—
the person to whom the disclosure is made is a person falling within subsection (3) who has, in the prescribed manner, applied to the Secretary of State for the disclosure of the information; and
it appears to the Secretary of State that the prescribed conditions for the making of a disclosure of the information in question to that person have been satisfied.
A person falls within this subsection if—
he is the trustee or manager of an occupational pension scheme of which the individual to whom the information relates is a member;
he is the trustee or manager of a personal pension scheme of which that individual is a member;
he is the employer in relation to an occupational pension scheme of which that individual is a member;
he is the employer in relation to any employed earner’s employment of that individual ...; or
he is proposing to provide services to that individual in circumstances in which the provision of the services, or the proposal to do so, may involve the giving of advice or forecasts to which the information to which this section applies may be relevant.
The Secretary of State shall secure that his powers under this section are exercised so that at least the following is prescribed for the purposes of subsection (2)(b), namely—
in the case of an application for information made by a person falling within paragraph (e) of subsection (3), a condition that the individual to whom the information relates has consented to the making of the application and to the disclosure; and
in any other case, either that condition or the alternative condition set out in subsection (5).
For the purposes of this section and of any regulations made under it, anything done by or in relation to a person who— is treated as done by or in relation to the qualifying person. In paragraph (a) “relevant services” means services that may involve the giving of advice or forecasts to which information to which this section applies may be relevant.
provides, or proposes to provide, relevant services to a person falling within subsection (3) (“the qualifying person”), and
is authorised in writing by the qualifying person to act for the purposes of this section,
The alternative condition is—
that such steps as may be prescribed have been taken for the purpose of ascertaining whether the individual to whom the information relates objects to the making of the application for the disclosure of information relating to him; and
that the prescribed time has elapsed without any objection by that individual.
A person applying to the Secretary of State, in accordance with regulations under this section, for the disclosure of any information relating to an individual shall be entitled, for the purpose of making the application, to make such disclosures of information relating to that individual as may be authorised by the regulations.
his date of birth, and the age at which and date on which he attains pensionable age—
for the purposes of the Pension Schemes Act 1993, in relation to any guaranteed minimum pension to which he is entitled; and
in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995;
In this section the reference, in relation to an individual, to state pension information is a reference to the following information about that individual—
the amount of any state pension under Part 1 of the Pensions Act 2014 a present or future entitlement to which has already accrued to that individual;
a projection of the amount of any state pension under Part 1 of the Pensions Act 2014 to which that individual is likely to become entitled, or might become entitled in particular circumstances;
the amount of any basic retirement pension a present or future entitlement to which has already accrued to that individual, and the amount of any additional retirement pension such an entitlement to which has already accrued to that individual;
a projection of the amount of the basic retirement pension to which that individual is likely to become entitled, or might become entitled in particular circumstances; . . .
a projection of the amount of the additional retirement pension to which that individual is likely to become entitled, or might become entitled in particular circumstances.
Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsections (4) to (6) of section 189 of the Social Security Administration Act 1992 (supplemental and incidental powers etc.) shall apply in relation to any power to make regulations under this section as they apply in relation to the powers to make regulations that are conferred by that Act.
For the purposes of section 121E of the Social Security Administration Act 1992 (supply of information by the Inland Revenue to the Secretary of State for the purposes of the Secretary of State’s functions relating to social security), the Secretary of State’s functions relating to social security shall be taken to include any power conferred on him by regulations under this section.
In this section—
and
a projection of the amount of any lump sum to which that individual is likely to become entitled, or might become entitled in particular circumstances.
“lump sum” means a lump sum under section 8 of the Pensions Act 2014 or Schedule 5 or 5A to the Social Security Contributions and Benefits Act 1992;
and
“additional retirement pension” means any additional pension or shared additional pension under the Social Security Contributions and Benefits Act 1992, or any graduated retirement benefit under sections 36 and 37 of the National Insurance Act 1965;
in relation to any occupational pension scheme, has the same meaning as in Part I of the Pensions Act 1995; and
income support;
any jobseeker’s allowance other than joint-claim jobseeker’s allowance;
“the 1995 Act” means the Pensions Act 1995.
a community service order;
“basic retirement pension” means any basic pension under the Social Security Contributions and Benefits Act 1992;
any order falling in England and Wales to be treated as an order specified in paragraphs (a) to (d).
in any other case, the person or persons responsible for the management of the scheme.
“employed earner” has the same meaning as it has in Parts I to V of the Social Security Contributions and Benefits Act 1992 (by virtue of section 2(1) of that Act);
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Section 16 of the Pensions Act 1995 (requirements for trustees to be nominated and selected by members of the scheme) shall be amended in accordance with subsections (2) to (8) of this section.
In subsection (1) (duty of trustees to make arrangements for selection of member-nominated trustees)—
the words “(subject to section 17)” and in paragraph (b), the words “, and the appropriate rules,” shall be omitted; and
in paragraph (a), for “persons selected” there shall be substituted “the selection of persons nominated”.
In subsection (3)(a) (selected persons to be trustees), for “in accordance with the appropriate rules” there shall be substituted “as a member-nominated trustee”.
In subsection (4) (procedure for filling vacancies unfilled because of insufficient nominations), for “the appropriate rules” there shall be substituted “regulations”.
In subsection (5) (period of service as a member-nominated trustee), after “six years” there shall be inserted “but for a member-nominated trustee to be eligible for selection again at the end of any period of service as such a trustee.”
After subsection (6) there shall be inserted—
In subsection (8) (persons ceasing to be member-nominated trustees on ceasing to be qualifying members of the scheme)—
for “The arrangements must” there shall be substitutedThe arrangements—; and
at the end there shall be inserted; and
After subsection (8) there shall be inserted—
Section 17 of that Act (exceptions to section 16 where the employer’s alternative proposals are approved) shall cease to have effect.
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Section 18 of the Pensions Act 1995 (requirements for member-nominated directors of trustee company) shall be amended in accordance with subsections (2) to (9) of this section.
In subsection (1) (duty of corporate trustee to make arrangements for selection of member-nominated directors)—
for the words from “and the employer” to “satisfied” there shall be substituted “and there is no trustee of the scheme who is not a company”;
the words “, subject to section 19,” and in paragraph (b), the words “, and the appropriate rules,” shall be omitted; and
in paragraph (a), for “persons selected” there shall be substituted “the selection of persons nominated”.
In subsection (3)(a) (selected persons to be directors), for “in accordance with the appropriate rules” there shall be substituted “as a member-nominated director”.
In subsection (4) (procedure for filling vacancies unfilled because of insufficient nominations), for “the appropriate rules” there shall be substituted “regulations”.
In subsection (5) (period of service as a member-nominated director), after “six years” there shall be inserted “but for a member-nominated director to be eligible for selection again at the end of any period of service as such a director.”
After subsection (6) there shall be inserted—
In subsection (7) (persons ceasing to be member-nominated directors on ceasing to be qualifying members of the scheme)—
for “The arrangements must” there shall be substitutedThe arrangements—; and
at the end there shall be inserted; and
For subsection (8) (companies that are trustees of two or more different trust schemes) there shall be substituted—
After subsection (8) there shall be inserted—
Sections 19 and 20 of that Act (exceptions to section 18 where the employer’s alternative proposals are approved and meaning of “appropriate rules”) shall cease to have effect.
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After section 18 of the Pensions Act 1995 there shall be inserted—
In section 68(2)(b) of that Act (power of trustee to modify scheme), for “17(2)” there shall be substituted “18A(1)”.
In section 117(2)(c) of that Act (overriding requirements), for “17(2)” there shall be substituted “18A(1)”.
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In section 21 of the Pensions Act 1995 (consequences for trustees of failure to implement arrangements)—
in subsections (1) and (2), the words “, or the appropriate rules,” shall be omitted;
in subsections (1) and (3), for “17(2)”, in each place, there shall be substituted “18A(1)”;
in subsection (2), for “19(2)”, in each place, there shall be substituted “18A(2)”;
in subsection (3), the words “or rules” shall be omitted;
in subsection (4), for “17(2), 18(1) or 19(2)” there shall be substituted “18(1) or 18A(1) or (2)” and the words “(or further arrangements)” in paragraph (a), paragraph (b) and the word “and” immediately preceding it shall be omitted;
subsection (5) shall cease to have effect;
in subsection (6), for “20” there shall be substituted “18A”;
in subsection (7), for “16 to 20” there shall be substituted “16 and 18” and the words “and this section”, paragraph (b) and the word “and” immediately preceding paragraph (b) shall be omitted;
in subsection (8)(a), for the words from “of the appropriate” to “given” there shall be substituted “for the purposes of section 18A of proposed arrangements must be given, in accordance with regulations under that section,”; and
paragraph (b) of subsection (8) and the word “and” immediately preceding it shall be omitted.
In subsection (1) of that section, after paragraph (b) there shall be insertedor.
In subsection (2) of that section, after paragraph (b) there shall be insertedor.
After subsection (2) of that section there shall be inserted—
After subsection (6) there shall be inserted—
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In subsection (2) of section 118 of that Act (powers to provide for sections 22 to 26 not to apply in the case of certain schemes), for “sections 22 to 26” there shall be substituted “some or all of the provisions of sections 22 to 26C”.
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In section 178(b) of the Pension Schemes Act 1993 (regulations providing for who is to be treated as a trustee of a scheme), at the end there shall be inserted “or sections 22 to 26C of the Pensions Act 1995”.
After section 71 of the Pensions Act 1995 (effect of modification orders under section 69) there shall be inserted—
After section 72 of the Pensions Act 1995 there shall be inserted—
In section 124 of that Act (interpretation of Part I), after subsection (3) there shall be inserted—
After section 49 of that Act (other responsibilities of trustees employers etc.) there shall be inserted—
After the section 72A inserted in the Pensions Act 1995 by section 49 there shall be inserted—
In section 51(2) of the Pensions Act 1995 (annual increases in rate of pension), for “Subject to section 52” there shall be substituted “Subject to sections 51A and 52”.
After section 51 of that Act there shall be inserted—
In subsection (1) of section 113 of the Pension Schemes Act 1993 (regulations as to information to be provided to scheme members etc.), for the word “and” at the end of paragraph (c) there shall be substituted—.
After subsection (3) of that section there shall be inserted—
Section 146 of the Pension Schemes Act 1993 (functions of the Pensions Ombudsman) shall be amended as follows.
In subsection (1), after paragraph (b) there shall be inserted—.
and in a case falling within sub-paragraph (ii) references in this Part to the scheme to which the reference relates are references to each of the schemes,
After that subsection there shall be inserted—
In subsection (3) (persons responsible for the management of the scheme to be the trustees and managers and employer), after “occupational pension scheme” there shall be inserted “or a personal pension scheme”.
For paragraph (a) of subsection (6) (exclusion of the Ombudsman’s jurisdiction where court proceedings have been begun) there shall be substituted—.
In subsection (7) (persons who are actual or potential beneficiaries)—
after paragraph (b) there shall be inserted— and
in sub-paragraph (i) of paragraph (c), for “paragraph (a) or (b)” there shall be substituted “paragraph (a), (b) or (ba)”.
“independent trustee”, in relation to a scheme, means—
In subsection (1)—
for “complaints and disputes” there shall be substituted “matters”;
in paragraph (b), for the words from “is to” to the end of the paragraph there shall be substituted “are references to the other scheme referred to in that sub-paragraph”; and
in paragraphs (c) and (d), the words “which arises”, in each place where they occur, shall be omitted.
Subsection (6) does not have effect in relation to proceedings begun before the day appointed under section 86 for the coming into force of this section.
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The Pension Schemes Act 1993 shall be amended as follows.
In section 148(5) (meaning of parties to an investigation for the purposes of staying proceedings), after paragraph (b) there shall be inserted—.
For subsection (1) of section 149 (obligation to allow persons to comment on allegations in complaint or reference) there shall be substituted—
In subsection (3) of section 149 (matters as to which rules may be made), for “and” at the end of paragraph (b) there shall be substituted—.
In that subsection, at the end of paragraph (c), there shall be insertedand
After subsection (7) of section 149 there shall be inserted—
In subsection (1) of section 151 (persons to be given notice of a determination by the Ombudsman), at the end of paragraph (b) there shall be insertedand.
In subsection (3) of section 151 (persons bound by determinations), for “and” at the end of paragraph (b) there shall be substituted—;
and, in paragraph (c) of that subsection for “paragraph (a) or (b)” there shall be substituted “any of paragraphs (a) to (bb)”;
Nothing in any provision made by this section shall—
apply in relation to any complaint or reference made to the Pensions Ombudsman before the day on which this section comes into force; or
authorise the making of any provision applying in relation to any such complaint or reference.
After section 66 of the Pensions Act 1995 there shall be inserted—
Schedule 5 (which contains miscellaneous amendments of the Pension Schemes Act 1993 and the Pensions Act 1995 and makes provision for an alternative to the anti-franking rules in Part III of that Act of 1993) shall have effect.
After section 5 of the Pensions Appeal Tribunals Act 1943 there shall be inserted—
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In section 8 of the Pensions Appeal Tribunals Act 1943 (time limit for appeals), in subsection (1) (notice of appeal to be given within twelve months of notification of decision or assessment), for the words from “twelve months after” to “in any other case,” there shall be substituted “six months after”.
After subsection (3) of that section there shall be inserted—
Subsection (1) shall not have effect in relation to—
decisions from which an appeal lies to the Tribunal under sections 1 to 4 of the Pensions Appeal Tribunals Act 1943 and which are made before the day on which that subsection comes into force, or
decisions or assessments from which an appeal lies to the Tribunal under section 5(2) of that Act and which are made before the day on which that subsection comes into force.
In relation to decisions falling within subsection (3)(a) of this section, section 8 of the Pensions Appeal Tribunals Act 1943 shall have effect as if for paragraphs (a) to (c) of subsection (1) of that section there were substituted “the day on which section 58(1) of the Child Support, Pensions and Social Security Act 2000 came into force”.
In section 6(1) of the War Pensions Act 1921 (notice of appeal to be given within twelve months of notification of rejection of claim), for “twelve” there shall be substituted “six”.
Subsection (5) shall not have effect in relation to any appeal if the decision or assessment appealed against was made before the day on which that subsection comes into force.
Before section 6 of the Pensions Appeal Tribunals Act 1943 (constitution, jurisdiction and procedure of Pensions Appeal Tribunal), there shall be inserted—
In sub-paragraph (2) of paragraph 2 of the Schedule to the Pensions Appeal Tribunals Act 1943 (remuneration for members of Pensions Appeal Tribunals), after “remuneration” there shall be inserted “and allowances”.
After that sub-paragraph there shall be inserted—
After paragraph 2 of that Schedule, there shall be inserted—
For paragraph 3 of that Schedule (constitution of Tribunal for particular hearings) there shall be substituted—
In Schedule 11 to the Courts and Legal Services Act 1990 (judges barred from legal practice), at the end there shall be inserted “Member of a Pensions Appeal Tribunal”.
In section 9 of the Chronically Sick and Disabled Persons Act 1970 (central advisory committee on war pensions to include chairmen of not less than twelve of the war pensions committees), in subsection (1), for “chairmen of not less than twelve” there shall be substituted “chairman of at least one”.
In section 3 of the War Pensions Act 1921 (constitution of central advisory committee), for “representatives of any committees” there shall be substituted “at least one person from one of the committees”.
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If— then, even though those conditions are satisfied, the following restrictions shall apply in relation to the payment of that benefit in the offender’s case.
a court makes a determination that a person (“the offender”) has failed without reasonable excuse to comply with the requirements of a relevant community order made in respect of him,
the Secretary of State is notified in accordance with regulations under section 64 of the determination, and
the offender is a person with respect to whom the conditions for any entitlement to a relevant benefit are or become satisfied,
Subject to subsections (3) to (5), the relevant benefit shall not be payable in the offender’s case for the prescribed period.
Where the relevant benefit is income support, the benefit shall be payable in the offender’s case for the prescribed period as if the applicable amount used for the determination under section 124(4) of the Social Security Contributions and Benefits Act 1992 of the amount of the offender’s entitlement for that period were reduced in such manner as may be prescribed.
The Secretary of State may by regulations provide that, where the relevant benefit is jobseeker’s allowance, any income-based jobseeker’s allowance shall be payable, during the whole or a part of the prescribed period, as if one or more of the following applied—
the rate of the allowance were such reduced rate as may be prescribed;
the allowance were payable only if there is compliance by the offender with such obligations with respect to the provision of information as may be imposed by the regulations;
the allowance were payable only if the circumstances are otherwise such as may be prescribed.
Where the relevant benefit is a payment under section 2 of the Employment and Training Act 1973 (under which training allowances are payable), that benefit shall not be payable for the prescribed period except to such extent (if any) as may be prescribed.
Where the determination by a court that was made in the offender’s case is quashed or otherwise set aside by the decision of that or any other court, all such payments and other adjustments shall be made in his case as would be necessary if the restrictions imposed by or under this section in respect of that determination had not been imposed.
The length of any period prescribed for the purposes of any of subsections (2) to (5) shall not exceed twenty-six weeks.
In this section—
In relation to a relevant benefit falling within paragraph (d) of the definition of that expression in subsection (8), references in this section to the conditions for entitlement to that benefit being or becoming satisfied with respect to any person are references to there having been or, as the case may be, the taking of a decision to make a payment of such benefit to that person.
In relation to any time before the coming into force of the Powers of Criminal Courts (Sentencing) Act 2000, the reference to that Act in subsection (8) shall be taken to be a reference to Part I of the Criminal Justice Act 1991.
In the application to Scotland of this section—
in subsection (1) after the word “excuse” insert “(or, in the case of a probation order, failed)”;
for paragraph (b) of that subsection substitute—; and
in subsection (8)—
in the definition of relevant benefit, paragraph (d) does not apply in the case of any payment made by or on behalf of the Scottish Ministers; and
in the definition of relevant community order, for paragraphs (c) to (e) substitute—
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Subsections (2) and (3) shall have effect, subject to the other provisions of this section, where—
the conditions for the entitlement of any joint-claim couple to a joint-claim jobseeker’s allowance are or become satisfied at any time; and
the restriction in subsection (2) of section 62 would apply in the case of at least one of the members of the couple if the entitlement were an entitlement of that member to a relevant benefit.
The allowance shall not be payable in the couple’s case for so much of the prescribed period as is a period for which—
in the case of each of the members of the couple, the restriction in subsection (2) of section 62 would apply if the entitlement were an entitlement of that member to a relevant benefit; or
that restriction would so apply in the case of one of the members of the couple and the other member of the couple is subject to sanctions for the purposes of section 20A of the Jobseekers Act 1995 (denial or reduction of joint-claim jobseeker’s allowance).
For any part of the period for which subsection (2) does not apply, the allowance—
shall be payable in the couple’s case as if the amount of the allowance were reduced to an amount calculated using the method prescribed for the purposes of this subsection; but
shall be payable only to the member of the couple who is not the person in relation to whom the court has made a determination.
The Secretary of State may by regulations provide in relation to cases to which subsection (2) would otherwise apply that joint-claim jobseeker’s allowance shall be payable in a couple’s case, during the whole or a part of so much of the prescribed period as falls within paragraph (a) or (b) of that subsection, as if one or more of the following applied—
the rate of the allowance were such reduced rate as may be prescribed;
the allowance were payable only if there is compliance by each of the members of the couple with such obligations with respect to the provision of information as may be imposed by the regulations;
the allowance were payable only if the circumstances are otherwise such as may be prescribed.
Subsection (6) of section 20A of the Jobseekers Act 1995 (calculation of reduced amount) shall apply for the purposes of subsection (3) above as it applies for the purposes of subsection (5) of that section.
Subsection (6) of section 62 shall apply for the purposes of this section in relation to any determination relating to one or both members of the joint-claim couple as it applies for the purposes of that section in relation to the determination relating to the offender.
The length of any period prescribed for the purposes of subsection (2) or (3) shall not exceed twenty-six weeks.
In this section—
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A court in Great Britain shall, before making a relevant community order in relation to any person, explain to that person in ordinary language the consequences by virtue of sections 62 and 63 of a failure to comply with the order.
The Secretary of State may by regulations require the Chief Probation Officer for any area in England and Wales, or such other person as may be prescribed, to notify the Secretary of State at the prescribed time and in the prescribed manner—
of the laying by a person employed or appointed by a probation committee of any information that a person has failed to comply with the requirements of a relevant community order;
of any such determination as is mentioned in section 62(1);
of such information about the offender, and in the possession of the person giving the notification, as may be prescribed; and
of any circumstances by virtue of which any payment or adjustment might fall to be made by virtue of section 62(6) or 63(6).
The High Court of Justiciary may, by Act of Adjournal, make provision requiring the clerk of the court in which any proceedings are commenced that could result in a determination of a failure to comply with a relevant community order to notify the Secretary of State at such time and in such manner as may be specified in the Act of Adjournal of—
the commencement of the proceedings;
any such determination made in the proceedings;
such information about the offender as may be so specified; and
any circumstances by virtue of which any payment or adjustment might fall to be made by virtue of section 62(6) or 63(6).
Where it appears to the Secretary of State that— could result in a determination the making of which would result in the imposition by or under one or both of sections 62 and 63 of any restrictions, it shall be the duty of the Secretary of State to notify the person in whose case those restrictions would be imposed, or (as the case may be) the members of any joint-claim couple in whose case they would be imposed, of the consequences under those sections of such a determination in the case of that person, or couple.
the laying of any information that has been laid in England and Wales, or
the commencement of any proceedings that have been commenced in Scotland,
A notification required to be given by the Secretary of State under subsection (4) must be given as soon as reasonably practicable after it first appears to the Secretary of State as mentioned in that subsection.
The Secretary of State may by regulations make such provision as he thinks fit for the purposes of sections 62 to 65 of this Act about—
the use by a person within subsection (7) of information relating to community orders or social security;
the supply of such information by a person within that subsection to any other person (whether or not within that subsection); and
the purposes for which a person to whom such information is supplied under the regulations may use it.
The persons within this subsection are—
the Secretary of State;
a person providing services to the Secretary of State;
a person employed or appointed by a probation committee;
a person employed by a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
Regulations under subsection (6) may, in particular, authorise information supplied to a person under the regulations—
to be used for the purpose of amending or supplementing other information held by that person; and
where so used, to be supplied to any other person to whom, and used for any purpose for which, the information amended or supplemented could be supplied or used.
The explanation given to the offender by the court in pursuance of subsection (1) shall be treated as part of the explanation required to be given to the offender for the purposes of section 228(5) or 238(4) of the Criminal Procedure (Scotland) Act 1995.
In this section “relevant community order” has the same meaning as in section 62.
For the purposes of this section proceedings that could result in such a determination as is mentioned in subsection (3) are commenced in Scotland when, and only when, a warrant to arrest the offender or to cite the offender to appear before a court is issued under section 232(1) or 239(4) of the Criminal Procedure (Scotland) Act 1995.
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In the loss of benefit provisions “prescribed” means prescribed by or determined in accordance with regulations made by the Secretary of State.
Regulations prescribing a period for the purposes of any of the loss of benefit provisions may contain provision for determining the time from which the period is to run.
Regulations under any of the loss of benefit provisions shall be made by statutory instrument which (except in the case of regulations to which subsection (4) applies) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing (whether alone or with other provisions)— shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
a provision prescribing the manner in which the applicable amount is to be reduced for the purposes of section 62(3),
a provision prescribing the manner in which an amount of joint-claim jobseeker’s allowance is to be reduced for the purposes of section 63(3)(a),
a provision the making of which is authorised by section 62(4) or 63(4),
a provision prescribing benefits under the Social Security Contributions and Benefits Act 1992 as benefits that are to be relevant benefits for the purposes of section 62, or
a provision that any description of order is to be a relevant community order for the purposes of that section,
Subsections (4) to (6) of section 189 of the Social Security Administration Act 1992 (supplemental and incidental powers etc.) shall apply in relation to any power to make regulations that is conferred by the loss of benefit provisions as they apply in relation to the powers to make regulations that are conferred by that Act.
The provision that may be made in exercise of the powers to make regulations that are conferred by the loss of benefit provisions shall include different provision for different areas.
Where regulations made under section 62(8) prescribe a description of order made under the Criminal Procedure (Scotland) Act 1995 as a relevant community order for the purposes of that section, the regulations may make such modifications of that section as appear to the Secretary of State to be necessary in consequence of so prescribing.
In this section “the loss of benefit provisions” means sections 62 to 64 of this Act.
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Schedule 6 to this Act (which amends the enforcement provisions contained in Part VI of the Social Security Administration Act 1992) shall have effect.
Schedule 7 (which makes provision for the revision of decisions made in connection with claims for housing benefit or council tax benefit and for appeals against such decisions) shall have effect.
The Secretary of State may by regulations make provision conferring a power on relevant authorities to make payments by way of financial assistance (“discretionary housing payments”) to persons who—
are entitled to housing benefit or council tax benefit, or to both , universal credit ; and
appear to such an authority to require some further financial assistance (in addition to the benefit or benefits to which they are entitled) in order to meet housing costs.
Regulations under this section may include any of the following—
provision prescribing the circumstances in which discretionary housing payments may be made under the regulations;
provision conferring (subject to any provision made by virtue of paragraph (c) or (d) of this subsection or an order under section 70) a discretion on a relevant authority—
as to whether or not to make discretionary housing payments in a particular case; and
as to the amount of the payments and the period for or in respect of which they are made;
provision imposing a limit on the amount of the discretionary housing payment that may be made in any particular case;
provision restricting the period for or in respect of which discretionary housing payments may be made;
provision about the form and manner in which claims for discretionary housing payments are to be made and about the procedure to be followed by relevant authorities in dealing with and disposing of such claims;
provision imposing conditions on persons claiming or receiving discretionary housing payments requiring them to provide a relevant authority with such information as may be prescribed;
provision entitling a relevant authority that are making or have made a discretionary housing payment, in such circumstances as may be prescribed, to cancel the making of further such payments or to recover a payment already made;
provision requiring or authorising a relevant authority to review decisions made by the authority with respect to the making, cancellation or recovery of discretionary housing payments.
Regulations under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsections (4) to (6) of section 189 of the Social Security Administration Act 1992 (supplemental and incidental powers etc.) shall apply in relation to any power to make regulations under this section as they apply in relation to the powers to make regulations that are conferred by that Act.
Any power to make regulations under this section shall include power to make different provision for different areas or different relevant authorities.
In section 176(1) of that Act (consultation with representative organisation on subordinate legislation relating to housing benefit or council tax benefit), after paragraph (a) there shall be inserted—.
In this section—
The Secretary of State may, out of money provided by Parliament, make to a relevant authority such payments as he thinks fit in respect of—
the cost to that authority of the making of discretionary housing payments; and
the expenses involved in the administration by that authority of any scheme for the making of discretionary housing payments.
The following provisions, namely— shall apply in relation to payments under this section as they apply in relation to subsidy under section 140A of that Act.
subsections (1), (3), (4), (5)(b) . . . and (8) of section 140B of the Social Security Administration Act 1992 (calculation of amount of subsidy payable to authorities administering housing benefit or council tax benefit), and
section 140C of that Act (payment of subsidy),
The Secretary of State may by order make provision—
imposing a limit on the total amount of expenditure in any year that may be incurred by a relevant authority in making discretionary housing payments;
imposing subsidiary limits on the expenditure that may be incurred in any year by a relevant authority in making discretionary housing payments in the circumstances specified in the order.
An order imposing a limit by virtue of subsection (3)(a) or (b) may fix that limit either by specifying the amount of the limit or by providing for the means by which it is to be determined.
An order under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsections (4) to (6) of section 189 of the Social Security Administration Act 1992 (supplemental and incidental powers etc.) shall apply in relation to any power to make an order under this section as they apply in relation to the powers to make an order that are conferred by that Act.
Any power to make an order under this section shall include power to make different provision for different areas or different relevant authorities.
In this section—
“discretionary housing payment” means any payment made by virtue of regulations under section 69;
in the case of a scheme established under a trust, the trustee or trustees of the scheme, and
“year” means a financial year within the meaning of the Local Government Finance Act 1992.
For subsection (3) of section 75 of the Social Security Administration Act 1992 (overpayments of housing benefit) there shall be substituted—
In section 143(3)(c) of the Social Security Contributions and Benefits Act 1992 (disregard of days of absence in the case of children in residential accommodation in pursuance of arrangements made under the specified enactments), for sub-paragraph (iii) and the word “or” immediately preceding it there shall be substituted—
Section 170 of the Social Security Administration Act 1992 (functions of the Social Security Advisory Committee in relation to the relevant enactments and the relevant Northern Ireland enactments) shall be amended as follows.
In the definition in subsection (5) of “relevant enactments”, after paragraph (ae) there shall be inserted—.
In the definition in that subsection of “relevant Northern Ireland enactments”, after paragraph (ae) there shall be inserted—.
In section 1(2)(b) of the Social Security Contributions and Benefits Act 1992 (Class 1A contributions), the words “in respect of cars made available for private use and car fuel” shall be omitted.
For section 10 of that Act (Class 1A contributions) there shall be substituted—
For subsection (6) of section 4 of that Act (power to treat emoluments in respect of share acquisitions etc. as earnings) there shall be substituted—
In paragraph 5(b) of Schedule 1 to that Act (power to modify section 10 for cases where a car is made available by reason of more than one employment), for “a car is made available” there shall be substituted “something is provided or made available”.
In paragraph 8(1)(ia) of that Schedule (power to provide by regulations for repayment in prescribed cases of the whole or a part of a Class 1B contribution), after “part” there shall be inserted “of a Class 1A or”.
In section 120(4) of the Social Security Administration Act 1992 (proof of previous offences relating to Class 1A contributions), for “car” there shall be substituted “amount”.
In section 162(5)(c) of that Act (appropriate national health service allocation of Class 1A contributions), for “cash equivalents of the benefits of the cars and car fuel” there shall be substituted “emoluments”.
This section shall have effect in relation to the tax year beginning with 6th April 2000 and subsequent tax years.
Regulations made by statutory instrument under any power conferred by virtue of this section may be made so as to have retrospective effect in relation to any time in the tax year in which they are made (including, in the case of regulations made in the tax year in which this Act is passed, any time in that tax year before the passing of this Act).
After section 10 of the Social Security Contributions and Benefits Act 1992 there shall be inserted—
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Subsection (1) shall have effect in relation to the tax year beginning with 6th April 2000 and subsequent tax years.
Regulations made by virtue of this section under section 10ZA(5) of the Social Security Contributions and Benefits Act 1992 may be made so as to have retrospective effect in relation to any time in the tax year in which they are made (including, in the case of regulations made in the tax year in which this Act is passed, any time in that tax year before the passing of this Act).
Schedule 1 to the Social Security Contributions and Benefits Act 1992 (supplementary provisions relating to contributions) shall be amended in accordance with subsections (2) to (5).
In paragraph 7(2)(b) (application of sections 100 to 100D and 102 to 104 of the Taxes Management Act 1970 in relation to certain penalties), for “104” there shall be substituted “105”.
For sub-paragraph (2)(e) of paragraph 7B (power to provide for interest to be charged on late payment in the case of payment outside the PAYE system) there shall be substituted—.
After sub-paragraph (5) of that paragraph there shall be inserted—
After that paragraph there shall be inserted—
In section 8(1) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (decisions to be made by an Inland Revenue officer and appealable under section 11)—
paragraph (j) (interest under regulations made by virtue of paragraph 7B(2)(e) of Schedule 1 to the Social Security Contributions and Benefits Act 1992) shall cease to have effect; and
in paragraph (l), for “paragraphs (j) and (k)” there shall be substituted “paragraph (k)”, and the words “amount of interest or” shall be omitted.
Subsection (6) has effect in relation to interest accruing on sums becoming due in respect of the tax year beginning with 6th April 2000 or any subsequent tax year.
In paragraph 3 of Schedule 1 to the Social Security Contributions and Benefits Act 1992 (prohibition on deduction or recovery of Class 1 contributions), sub-paragraph (2) shall be omitted.
3B.—(1) This paragraph applies where—
In section 6(4) of that Act (persons by whom Class 1 contributions are payable), for the words from “paragraph 3” onwards there shall be substituted “paragraphs 3 to 3B of Schedule 1 to this Act.”
In paragraph 8(1) of Schedule 1 to that Act (general regulations), after paragraph (c) there shall be inserted—.
In section 8(1) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (decisions to be taken by officers of the Inland Revenue), after paragraph (i) there shall be inserted—.
In section 10 of that Act of 1999 (regulations about varying or superseding decisions), at the beginning of subsection (1) there shall be inserted “Subject to subsection (2A) below,”, and after subsection (2) there shall be inserted—
In section 12(4) of that Act of 1999 (appeals to be heard by General Commissioners), after “Subject to” there shall be inserted “paragraph 3B(8) of Schedule 1 to theSocial Security Contributions and Benefits Act 1992 (which provides for appeals under that paragraph to be heard by the Special Commissioners), to”.
In section 1(2)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Class 1A contributions), the words “in respect of cars made available for private use and car fuel” shall be omitted.
For section 10 of that Act (Class 1A contributions) there shall be substituted—
For subsection (6) of section 4 of that Act (power to treat emoluments in respect of share acquisitions etc. as earnings) there shall be substituted—
In paragraph 5(b) of Schedule 1 to that Act (power to modify section 10 for cases where a car is made available by reason of more than one employment), for “a car is made available” there shall be substituted “something is provided or made available”.
In paragraph 8(1)(ia) of that Schedule (power to provide by regulations for repayment in prescribed cases of the whole or a part of a Class 1B contribution), after “part” there shall be inserted “of a Class 1A or”.
In section 114(4) of the Social Security Administration (Northern Ireland) Act 1992 (proof of previous offences relating to Class 1A contributions), for “car” there shall be substituted “amount”.
In section 142(5)(c) of that Act (appropriate health service allocation of Class 1A contributions), for “cash equivalents of the benefits of the cars and car fuel” there shall be substituted “emoluments”.
This section shall have effect in relation to the tax year beginning with 6th April 2000 and subsequent tax years.
Regulations made by statutory instrument under any power conferred by virtue of this section may be made so as to have retrospective effect in relation to any time in the tax year in which they are made (including, in the case of regulations made in the tax year in which this Act is passed, any time in that tax year before the passing of this Act).
After section 10 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 there shall be inserted—
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Subsection (1) shall have effect in relation to the tax year beginning with 6th April 2000 and subsequent tax years.
Regulations made by virtue of this section under section 10ZA(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 may be made so as to have retrospective effect in relation to any time in the tax year in which they are made (including, in the case of regulations made in the tax year in which this Act is passed, any time in that tax year before the passing of this Act).
Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (supplementary provisions relating to contributions) shall be amended in accordance with subsections (2) to (5).
In paragraph 7(2)(b) (application of sections 100 to 100D and 102 to 104 of the Taxes Management Act 1970 in relation to certain penalties), for “104” there shall be substituted “105”.
For sub-paragraph (2)(e) of paragraph 7B (power to provide for interest to be charged on late payment in the case of payment outside the PAYE system) there shall be substituted—.
After sub-paragraph (5) of that paragraph there shall be inserted—
After that paragraph there shall be inserted—
In Article 7(1) of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (decisions to be made by an Inland Revenue officer and appealable under Article 10)—
sub-paragraph (j) (interest under regulations made by virtue of paragraph 7B(2)(e) of Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992) shall cease to have effect; and
in sub-paragraph (l), for “sub-paragraphs (j) and (k)” there shall be substituted “sub-paragraph (k)”, and the words “amount of interest or” shall be omitted.
Subsection (6) has effect in relation to interest accruing on sums becoming due in respect of the tax year beginning with 6th April 2000 or any subsequent tax year.
In paragraph 3 of Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (prohibition on deduction or recovery of Class 1 contributions), sub-paragraph (2) shall be omitted.
After that paragraph there shall be inserted—
In section 6(4) of that Act (persons by whom Class 1 contributions are payable), for the words from “paragraph 3” onwards there shall be substituted “paragraphs 3 to 3B of Schedule 1 to this Act.”
In paragraph 8(1) of Schedule 1 to that Act (general regulations), after paragraph (c) there shall be inserted—.
In Article 7(1) of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (decisions to be taken by officers of the Inland Revenue), after sub-paragraph (i) there shall be inserted—.
In Article 9 of that Order (regulations about varying or superseding decisions), at the beginning of paragraph (1) there shall be inserted “Subject to paragraph (2A) below,”, and after paragraph (2) there shall be inserted—
In Article 11(4) of that Order (appeals to be heard by General Commissioners), after “Subject to” there shall be inserted “paragraph 3B(8) of Schedule 1 to the Contributions and Benefits Act (which provides for appeals under that paragraph to be heard by the Special Commissioners), to”.
Part III of the Family Law Reform Act 1969 (tests for determining parentage) shall be amended in accordance with subsections (2) to (4).
In section 20 (power of the court to require tests)—
for subsections (1A) and (1B) (nomination of the person by whom tests are to be carried out) there shall be substituted—;
in subsection (2)—
for “person responsible for” there shall be substituted “individual”, and
after “this section” there shall be inserted “(“the tester”)”;
in subsection (4), for “the person who made the report” there shall be substituted “the tester”; and
in subsection (5)—
for “the person responsible for carrying out the tests taken for the purpose of giving effect to the direction, or any” there shall be substituted “the tester, or any other”,
for “that person” there shall be substituted “the tester or that other person”, and
after “and where” there shall be inserted “the tester or”.
In section 21 (consents, etc, required for the taking of blood samples), in subsection (3), for the words “if the person who has the care and control of him consents” there shall be substituted—
In section 22(1) (power of Lord Chancellor to make further provision relating to tests for determining parentage)—
in paragraph (a) (power to provide that bodily samples are not to be taken except by such medical practitioners as may be appointed by the Lord Chancellor), for the words from “such medical practitioners” to the end there shall be substituted “registered medical practitioners or members of such professional bodies as may be prescribed by the regulations;”, and
for paragraph (e) (power to provide that scientific tests are not to be carried out except by persons appointed by the Lord Chancellor) there shall be substituted—.
The amendments made by this section shall not have effect in relation to any proceedings pending at the commencement of this section.
Part III of the Family Law Act 1986 (declarations of status) shall be amended as follows.
After section 55 there shall be inserted—
Section 58(5)(b) (prohibition of declarations of illegitimacy) shall be omitted.
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Schedule 8 (which makes amendments consequential on subsection (1)) shall have effect.
Nothing in this Act shall affect any proceedings pursuant to an application under— which are pending immediately before the commencement of this section.
section 56(1)(a) of the Family Law Act 1986, or
section 27 of the Child Support Act 1991,
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State for or in connection with the carrying out of his functions under this Act; and
any increase attributable to this Act in the sums which are payable out of money so provided under any other Act.
The enactments mentioned in Schedule 9 (which include some spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
The repeals specified in that Schedule have effect subject to the commencement provisions and savings contained, or referred to, in the notes set out in that Schedule.
This section applies to the following provisions of this Act—
Part I (other than section 24);
Part II (other than sections 38 and 39 and paragraphs 4 to 6, 8(1), (3) and (4) and 13 of Schedule 5);
Part III;
sections 82 and 83 and Schedule 8;
Parts I to VII and IX of Schedule 9.
The provisions of this Act to which this section applies shall come into force on such day as may be appointed by order made by statutory instrument; and different days may be appointed under this section for different purposes.
The power to make an order under subsection (2) shall be exercisable—
except in a case falling within paragraph (b), by the Secretary of State; and
in the case of an order bringing into force any of the provisions of sections 82 and 83, Schedule 8 or Part IX of Schedule 9, by the Lord Chancellor.
In the case of Part I (other than section 24) and of sections 62 to 66, the power under subsection (2) to appoint different days for different purposes includes power to appoint different days for different areas.
The Secretary of State may by regulations make such transitional provision as he considers necessary or expedient in connection with the bringing into force of any of the following provisions of this Act—
sections 43 to 46 and section (1) of Part III of Schedule 9;
sections 68 to 70 and Schedule 7 and Part VII of Schedule 9.
Regulations under subsection (5) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Section 174(2) to (4) of the Pensions Act 1995 (supplementary provision in relation to powers to make subordinate legislation under that Act) shall apply in relation to the power to make regulations under subsection (5) as it applies to any power to make regulations under that Act.
In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978.
This Act may be cited as the Child Support, Pensions and Social Security Act 2000.
The following provisions of this Act extend to Northern Ireland—
so much of section 46 as amends section 21(3) of the Pensions Act 1995;
sections 57 to 61 (except section 60(5));
section 73;
sections 78 to 81;
in Schedule 3, paragraphs 8 and 9, and in paragraph 11, sub-paragraph (2) (and sub-paragraph (1) so far as it relates to that sub-paragraph);
paragraph 6 of Schedule 5; and
this Part, except—
sections 82 and 83 and Schedule 8; and
so much of this Part as gives effect to any repeal other than the repeals mentioned in subsection (3).
The repeals mentioned in subsection (2)(g) (which extend to Northern Ireland) are—
the repeals, in Part I of Schedule 9, that relate to the Tax Credits Act 1999;
the repeals, in sections (1), (6) and (11) of Part III of that Schedule, that relate to—
section 21(3) of the Pensions Act 1995;
paragraph 49(a)(ii) of Schedule 3 to the Pensions (Northern Ireland) Order 1995; and
section 52(5) of the Pension Schemes (Northern Ireland) Act 1993;
the repeals in Part IV of that Schedule (except so far as relating to the Courts and Legal Services Act 1990); and
the repeals in section (2) of Part VIII of that Schedule.
Subject to that, this Act does not extend to Northern Ireland.
Section 1.
.
Section 6.
Section 26.
Section 150A of the Army Act 1955 (enforcement of maintenance assessment by deductions from pay) shall be amended as follows. In subsections (1), (2)(a), (3)(a) (twice) and (4), for “maintenance assessment” there shall be substituted “ maintenance calculation ”. In subsection (3) (twice), for “the assessment” there shall be substituted “ the calculation ”.
Section 150A of the Air Force Act 1955 (enforcement of maintenance assessment by deductions from pay) shall be amended as follows. In subsections (1), (2)(a), (3)(a) (twice) and (4), for “maintenance assessment” there shall be substituted “ maintenance calculation ”. In subsection (3) (twice), for “the assessment” there shall be substituted “ the calculation ”.
The Matrimonial Causes Act 1973 shall be amended as follows. In section 29 (duration of continuing financial provision orders in favour of children, and age limit on making certain orders in their favour)— In section 31 (variation, discharge, etc, of certain orders for financial relief)— In section 52 (interpretation), in subsection (1), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
The Domestic Proceedings and Magistrates Courts Act 1978 shall be amended as follows. In section 5 (age limit on making orders for financial provision for children and duration of such orders)— In section 20 (variation, revival and revocation of orders for periodical payments)— In section 88 (interpretation), in subsection (1), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
The Family Law (Scotland) Act 1985 shall be amended as follows. In section 5 (variation and recall of decrees of aliment), in subsection (1A), for “maintenance assessment” there shall be substituted “ maintenance calculation ”. In section 7 (agreements about aliment), in subsection (2A), for “maintenance assessment” there shall be substituted “ maintenance calculation ”. In section 13 (orders for periodical allowance), in subsection (4A), for “maintenance assessment” there shall be substituted “ maintenance calculation ”. In section 16 (agreements about financial provision), in subsection (3)(d), for “maintenance assessment” there shall be substituted “ maintenance calculation ”. In section 27 (interpretation), in subsection (1), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
In section 281 of the Insolvency Act 1986 (effect of discharge on a bankrupt), in subsection (5)(b), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
The Debtors (Scotland) Act 1987 shall be amended as follows. In section 72 (effect of sequestration on diligence against earnings), in subsection (4A), for “maintenance assessment” there shall be substituted “ maintenance calculation ”. In section 106 (interpretation), in the definition of “maintenance order”, in paragraph (j), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
The Income and Corporation Taxes Act 1988 shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 617 (social security benefits and contributions), in subsection (2)(ae), for “section 24 of the Child Support Act 1995 or under any corresponding enactment” there shall be substituted “ any enactment corresponding to section 24 of the Child Support Act 1995 ”.
In the Finance Act 1988, in each of subsection (5A) of section 36 (annual payments) and subsection (8A) of section 38 (maintenance payments under existing obligations: 1989-90 onwards), for “maintenance assessment made” there shall be substituted “ maintenance calculation or maintenance assessment made respectively ”.
Schedule 1 to the Children Act 1989 (financial provision for children) shall be amended as follows. In paragraph 3— In paragraph 6— In paragraph 16(3), for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
The 1991 Act shall be amended as follows. For “absent parent” (or any variant of that expression), wherever it occurs, there shall be substituted “ non-resident parent ” (or the corresponding variant) preceded, where appropriate, by “a” instead of “an”. In section 4 (child support maintenance)— In section 7 (right of a child in Scotland to apply for assessment)— In section 8 (role of the courts with respect to maintenance for children)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 14 (information required by Secretary of State), in subsection (1), after “any application” there shall be inserted “ made or treated as made ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 28 (power of the Secretary of State to bring or defend actions of declarator), in subsection (1)(a)— In section 28ZA (decisions involving issues that arise on appeal in other cases), in subsection (1)— In section 28ZB (appeals involving issues that arise on appeal in other cases)— In section 28ZC (restrictions on liability in certain cases of error)— Sections 28H (departure directions: decisions and appeals) and 28I (transitional provisions relating to departure directions) shall cease to have effect. In section 30 (collection and enforcement of certain forms of maintenance), for subsection (2) there shall be substituted—. In section 32 (regulations about deduction from earnings orders), in subsection (2), after paragraph (b) there shall be inserted—. In section 33 (liability orders), after subsection (5) there shall be inserted— In section 47 (fees), after subsection (3) there shall be inserted— In section 51 (supplementary power to make regulations), in subsection (2)— In section 54 (interpretation)— In section 58 (short title, commencement and extent)— In Schedule 1 (maintenance assessments)—
In section 7A of the Social Security Administration Act 1992 (sharing of functions as regards certain claims and information), in subsection (6)(a)—
after “application” there shall be inserted “ (or an application treated as having been made) ”; and
for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
The Child Support Act 1995 shall be amended as follows. In section 18 (deferral of right to apply for maintenance assessment), subsection (5) (which enables the Secretary of State by order to repeal any of the provisions of section 18) shall cease to have effect. Section 24 (which provides for the making of regulations under which compensation could be paid for a reduction in child support maintenance attributable to changes in child support legislation, and which is now spent) shall cease to have effect.
In section 1 of the Prisoners’ Earnings Act 1996 (power to make deductions and impose levies), in subsection (4), in paragraph (d) of the definition of “net weekly earnings”, for “maintenance assessment” there shall be substituted “ maintenance calculation ”.
The Social Security Act 1998 shall be amended as follows. In Schedule 2 (decisions against which no appeal lies), for paragraph 8 and the heading preceding it there shall be substituted—.
Section 31.
The Schedule to be inserted after Schedule 4 to the Social Security Contributions and Benefits Act 1992 is as follows—
Section 56.
In section 17 of the 1993 Act (guaranteed minimum for widow or widower), after subsection (4) there shall be inserted— In subsection (5) of that section— In subsection (6) of that section, for “must provide” there shall be substituted “must also make provision”.
In section 20(1) of the 1993 Act (power to make provision for transfer of rights relating to guaranteed minimum pensions to an occupational or a personal pension scheme)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “overseas arrangement” means a scheme or arrangement which—
Section 28 of the 1993 Act (ways of giving effect to protected rights) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 42(1)(a)(i) and (3) of the 1993 Act (review of percentages mentioned in section 41), for “41(1A)(a) and (b)” there shall be substituted “41(1A) and (1B)”.
For subsection (4) of section 58 of the 1993 Act (calculation of contributions equivalent premiums) there shall be substituted— In section 61(2) of that Act (recovery of amount of premium attributable to primary Class 1 contributions), after “attributable to” there shall be inserted “any actual reductions of”. In section 63(1) of that Act (amounts to be certified by the Inland Revenue), for paragraph (b) there shall be substituted—. This paragraph shall have effect, and be deemed to have had effect, in relation to any contributions equivalent premium payable on or after 6th April 1999.
For subsection (4) of section 54 of the Pension Schemes (Northern Ireland) Act 1993 (calculation of contributions equivalent premiums) there shall be substituted— In section 57(2) of that Act (recovery of amount of premium attributable to primary Class 1 contributions), after “attributable to” there shall be inserted “any actual reductions of”. In section 59(1) of that Act (amounts to be certified by the Inland Revenue), for paragraph (b) there shall be substituted—. This paragraph shall have effect, and be deemed to have had effect, in relation to any contributions equivalent premium payable on or after 6th April 1999.
Section 95(4) of the 1993 Act (cash equivalent of rights under a money purchase contracted-out scheme not to be used for purchase of annuity) shall cease to have effect.
In section 97(2) of the 1993 Act (regulations about calculation of cash equivalents), for the “and” at the end of paragraph (a) there shall be substituted—. In section 98(7) of that Act (loss of right to cash equivalent)— In section 124(1) of the 1995 Act (interpretation), in the definition of “pensioner member”, after “other benefits” there shall be inserted “and who is not an active member of the scheme”. Sub-paragraph (2) has effect in relation to any case in which the whole or any part of a pension or other benefit becomes payable on or after the coming into force of that sub-paragraph.
For section 156 of the 1993 Act (provision of information as to guaranteed minimum pensions) there shall be substituted—
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In section 41 of the 1995 Act (provision of documents for members), for subsection (5) there shall be substituted— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Part of this Schedule—
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Section 67.
Part VI of the Social Security Administration Act 1992 (enforcement) shall be amended as follows.
The following sections shall be substituted for section 110 (appointment and powers of inspectors)—
For sections 110A and 110B (inspectors appointed by local authorities etc. for the purposes of housing benefit or council tax benefit), there shall be substituted—
In section 111 (delay and obstruction of inspector)—
in subsection (3), for “section 110(5)” there shall be substituted “an authorisation granted under section 109A or 110A”; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for “section 110(5) above any power conferred by section 110 above” there shall be substituted “an authorisation granted under section 109A or 110A above, any power conferred by section 109B or 109C above”; and
for the words “section 110”, where they occur at the end of the subsection, there shall be substituted “sections 109B and 109C”.
In section 111A(1) (dishonest representations), before “social security legislation” there shall be inserted “relevant”.
In section 112(1) (false representations), before “social security legislation” there shall be inserted “relevant”.
In subsection (1) of section 113 (breach of regulations)— After that subsection there shall be inserted—
After section 121D (but still in Part VI) there shall be inserted—
In paragraph 5 of Schedule 10 to the Social Security Administration Act 1992 (transitional provisions for supplementary benefit), for the words before sub-paragraph (a) there shall be substituted “Part VI of this Act shall have effect as if the following Acts were included in the Acts comprised in the relevant social security legislation”.
Section 68.
In this Schedule “relevant authority” means an authority administering housing benefit or council tax benefit. In this Schedule “relevant decision” means any of the following— but references in this Schedule to a relevant decision do not include references to a decision under paragraph 3 to revise a relevant decision.
Where at any time a claim for housing benefit or council tax benefit is decided by a relevant authority—
the claim shall not be regarded as subsisting after that time; and
accordingly, the claimant shall not (without making a further claim) be entitled to the benefit on the basis of circumstances not obtaining at that time.
Any relevant decision may be revised or further revised by the relevant authority which made the decision— and regulations may prescribe the procedure by which a decision of a relevant authority may be so revised. In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause them to act on their own initiative. Subject to sub-paragraphs (4) and (5) and paragraph 18, a revision under this paragraph shall take effect as from the date on which the original decision took (or was to take) effect. Regulations may provide that, in prescribed cases or circumstances, a revision under this paragraph shall take effect as from such other date as may be prescribed. Where a decision is revised under this paragraph, for the purposes of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised. Except in prescribed circumstances, an appeal against a decision of the relevant authority shall lapse if the decision is revised under this paragraph before the appeal is determined.
Subject to sub-paragraphs (4) and (4A), the following, namely— may be superseded by a decision made by the appropriate relevant authority, either on an application made for the purpose by a person affected by the decision or on their own initiative. In this paragraph “the appropriate relevant authority” means the authority which made the decision being superseded, the decision appealed against to the tribunal or the First-tier Tribunal or, as the case may be, the decision to which the decision being appealed against to the Commissioner or the Upper Tribunal relates. In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause them to act on their own initiative. Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this paragraph. Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision relating to housing benefit must be made by the appropriate relevant authority. Subject to sub-paragraph (6) and paragraph 18, a decision under this paragraph shall take effect as from the date on which it is made or, where applicable, the date on which the application was made. Regulations may provide that, in prescribed cases or circumstances, a decision under this paragraph shall take effect as from such other date as may be prescribed. In this paragraph—
Where it appears to a relevant authority that a matter in relation to which a relevant decision falls to be made by them involves a question of fact requiring special expertise, they may direct that, in dealing with that matter, they shall have the assistance of one or more persons appearing to them to have knowledge or experience which would be relevant in determining that question.
Subject to sub-paragraph (2), this paragraph applies to any relevant decision (whether as originally made or as revised under paragraph 3) of a relevant authority which— This paragraph does not apply to— In the case of a decision to which this paragraph applies, any person affected by the decision shall have a right to appeal to an the First-tier Tribunal. Nothing in sub-paragraph (3) shall confer a right of appeal in relation to— Regulations under sub-paragraph (4) shall not prescribe any decision or determination that relates to the conditions of entitlement to housing benefit or council tax benefit for which a claim has been validly made. Where any amount of housing benefit or council tax benefit is determined to be recoverable under or by virtue of section 75 or 76 of the Administration Act (overpayments and excess benefits), any person from whom it has been determined that it is so recoverable shall have a right of appeal to an the First-tier Tribunal. A person with a right of appeal under this paragraph shall be given such notice of the decision in respect of which he has that right, and of that right, as may be prescribed. Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought. In deciding an appeal under this paragraph, an the First-tier Tribunal—
This paragraph applies where an application is made to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under paragraph 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted First-tier Tribunal. In this paragraph and paragraph 8 “principal parties” means—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An appeal to the Upper Tribunal under section 11 of the Tribunals, Courts and Enforcement Act 2007 from any decision of the First-tier Tribunal under paragraph 6 or 7 lies at the instance of any of the following— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An application for permission to appeal from a decision of the Upper Tribunal in respect of a decision of the First-tier Tribunal under paragraph 6 or 7 may only be made by— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may make for the purposes of this Schedule any such provision as is specified in Schedule 5 to the Social Security Act 1998, or as would be so specified if the references to the Secretary of State in paragraph 1 of that Schedule were references to a relevant authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to the provisions of this Schedule and to any provision made by or under Chapter 2 of Part 1 of the Tribunals, Courts and Enforcement Act 2007, any decision made in accordance with the preceding provisions of this Schedule shall be final.
Regulations may make provision as respects matters arising—
pending any decision under this Schedule of a relevant authority or the First-tier Tribunal, or any decision of the Upper Tribunal which relates to any decision under this Schedule of the First-Tier Tribunal, which relates to— or
any claim for housing benefit or council tax benefit;
any person’s entitlement to such a benefit or its receipt;
out of the revision under paragraph 3, or on appeal, of any such decision.
Regulations may provide for— Regulations made under sub-paragraph (1) may, in particular, make provision for any case where, in relation to a claim for housing benefit or council tax benefit— For the purposes of sub-paragraph (2), an appeal against a decision is pending if— In sub-paragraph (2)(d) the reference to a different case—
The powers conferred by this paragraph are exercisable in relation to persons who fail to comply with information requirements. Regulations may provide for— In this paragraph and paragraph 15 “information requirement” means—
Regulations may provide that, except in prescribed cases or circumstances— shall cease to be entitled to the benefit from a date not earlier than the date on which payments were suspended.
a person whose benefit has been suspended in accordance with regulations under paragraph 13 and who subsequently fails to comply with an information requirement, or
a person whose benefit has been suspended in accordance with regulations under paragraph 14 for failing to comply with such a requirement,
This paragraph applies where— A relevant authority need not make the decision while the appeal is pending if they consider it possible that the result of the appeal will be such that, if it were already determined, there would be no entitlement to benefit. If a relevant authority consider it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some other way— Where— they shall then revise their decision (under paragraph 3) in accordance with that determination. For the purposes of this paragraph, an appeal against a decision is pending if— In paragraphs (a), (b) and (c) of sub-paragraph (5), any reference to an appeal against a decision, or to an application for leave to appeal against a decision, includes a reference to— In sub-paragraph (1)(b) the reference to another case—
This paragraph applies where— If the relevant authority whose decision gave rise to appeal A consider it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, they may serve notice requiring the First-tier Tribunal or Upper Tribunal— Where appeal A is referred to the authority under sub-paragraph (2)(a), following the determination of appeal B and in accordance with that determination, they shall if appropriate— Where appeal A is to be dealt with in accordance with this sub-paragraph, the First-tier Tribunal or Upper Tribunal shall either— Where the First-tier Tribunal or Upper Tribunal acts in accordance with sub-paragraph (4)(b), following the determination of appeal B the relevant authority whose decision gave rise to appeal A shall, if appropriate, make a decision (under paragraph 4) superseding the decision of the First-tier Tribunal or Upper Tribunal in accordance with that determination. For the purposes of this paragraph, an appeal against a decision is pending if— In this paragraph— In sub-paragraph (4) “the appellant” means the person who appealed or, as the case may be, first appealed against the decision mentioned in sub-paragraph (1)(a). Regulations may make provision supplementing the provision made by this paragraph.
Subject to sub-paragraph (2), this paragraph applies where— This paragraph does not apply where the decision mentioned in sub-paragraph (1)(b)— In so far as the decision relates to a person’s entitlement to benefit in respect of a period before the date of the relevant determination, it shall be made as if the relevant authority’s decision had been found by the Upper Tribunal or court not to have been erroneous in point of law. Sub-paragraph (1)(a) shall be read as including a case where— It is immaterial for the purposes of sub-paragraph (1)— In this paragraph “the court” means— For the purposes of this paragraph, any reference to entitlement to benefit includes a reference to entitlement— The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this paragraph in accordance with any regulations made for that purpose. Regulations made under sub-paragraph (8) may include provision—
Regulations may make provision with respect to— Nothing in sub-paragraph (1) shall be construed as derogating from any power to correct errors . . . which is exercisable apart from regulations made by virtue of that sub-paragraph. In this paragraph “relevant provision” means—
The power to make regulations under this Schedule shall be exercisable by the Secretary of State Any power conferred by this Schedule to make regulations shall include power to make different provision for different areas or different relevant authorities. Subsections (3) to (7) of section 79 of the Social Security Act 1998 (supplemental provision in connection with powers to make subordinate legislation under that Act) shall apply to any power to make regulations under this Schedule as they apply to any power to make regulations under that Act. A statutory instrument containing (whether alone or with other provisions) regulations under paragraph 6(2)(e) or (4) shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House. A statutory instrument— shall be subject to annulment in pursuance of a resolution of either House of Parliament. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 5(1)(hh) of the Administration Act (regulations about claims for and payments of benefit)— In section 6(1) of the Administration Act (regulations about claims for and payments of council tax benefit), after paragraph (h) there shall be inserted—.
Section 34(4) and (5) and section 35 of the Social Security Act 1998 (regulations for the determination of claims and reviews of housing benefit and council tax benefit and for the suspension of those benefits) shall cease to have effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Schedule— Regulations may make provision specifying the circumstances in which a person is or is not to be treated for the purposes of this Schedule as a person who is affected by any decision of a relevant authority. For the purposes of this Schedule any decision that is made or falls to be made— shall be treated as a decision of the relevant authority on whose behalf the function is carried out or, as the case may be, to whom those services are provided.
Section 83.
In section 14A(1)(a) of the Births and Deaths Registration Act 1953 (re-registration of birth where notification of declaration of parentage given under section 56(4) of the Family Law Act 1986), for “56(4)” there shall be substituted “55A(7) or 56(4)”.
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The Family Law Act 1986 shall be amended as follows.
In section 55 (declarations as to marital status)—
in subsection (1), for “the court” there shall be substituted “the High Court or a county court”, and
in subsection (3), after “made” there shall be inserted “to a court”.
In section 56 (declarations as to legitimacy or legitimation)—
in subsections (1) and (2), for “the court” there shall be substituted “the High Court or a county court”, and
in subsection (4), after “made” there shall be inserted “by a court”.
In section 57(1) (application to the court for declaration as to overseas adoption), for “the court” there shall be substituted “the High Court or a county court”.
In section 58 (general provisions)—
in subsection (1), after “application” there shall be inserted “to a court”, and
in subsection (3), for “The” there shall be substituted “A”.
In section 59 (provisions relating to the Attorney-General)—
in subsections (1) and (2), after “an application” there shall be inserted “to a court”, and
in subsection (3), after “any application” there shall be inserted “to a court”.
In section 23(1) of the Family Law Reform Act 1987—
in subsection (2) to be substituted for section 20(2) of the Family Law Reform Act 1969 (report to court about scientific tests), for “person responsible for” there shall be substituted “individual”; and
in subsection (2A) to be inserted in section 20 of that Act (blood tests in proceedings under section 56 of the Family Law Act 1986), for “56” there shall be substituted “55A or 56”.
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The Child Support Act 1991 shall be amended as follows.
In section 26(2) (cases where Secretary of State may make maintenance calculation despite denial of parentage), in Case C (where there has been a declaration under section 56 of the Family Law Act 1986), after “section” there shall be inserted “55A or”.
For section 27 (declarations of parentage) there shall be substituted—
In section 27A(2)(b) (Secretary of State to recover fees for scientific tests if a court has made a declaration of parentage under section 27), for “section 27” there shall be substituted “section 55A of theFamily Law Act 1986”.
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Section 85.
Chapter or number Citation Extent of repeal or revocation 10 & 11 Geo. 6 c. 24. The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947. In section 1(1), paragraph (aaa). 3 & 4 Eliz. 2 c. 18. The Army Act 1955. In section 150A, in subsection (2), paragraph (b) and the word “or” preceding it, and in subsection (3), the words “or cancels” and “or (as the case may be) that it has been cancelled”. 3 & 4 Eliz. 2 c. 19. The Air Force Act 1955. In section 150A, in subsection (2), paragraph (b) and the word “or” preceding it, and in subsection (3), the words “or cancels” and “or (as the case may be) that it has been cancelled”. 1973 c. 18. The Matrimonial Causes Act 1973. In section 29, in subsection (7), the words “or is cancelled”, “or was cancelled” and “or, as the case may be, the date with effect from which it was cancelled”; and in subsection (8), paragraph (b) and the word “and” preceding it. 1978 c. 22. The Domestic Proceedings and Magistrates’ Courts Act 1978. In section 5, in subsection (7), the words “or is cancelled”, “or was cancelled” and “or, as the case may be, the date with effect from which it was cancelled”; and in subsection (8), paragraph (b) and the word “and” preceding it. 1989 c. 41. The Children Act 1989. In Schedule 1, in paragraph 3(7), the words “or is cancelled”, “or was cancelled” and “or, as the case may be, the date with effect from which it was cancelled”; and in paragraph 3(8), paragraph (b) and the word “and” preceding it. 1991 c. 48. The Child Support Act 1991. In section 15(10), the definition of “specified” and the preceding word “and”. In section 17(1), the word “and” after paragraph (b). In section 28D(2)(a), “lapsed or”. Sections 28H and 28I. Section 40(1) and (2). Section 41(3) to (5). Section 44(3). Section 46B(3). In section 54, the definitions of “assessable income”, “current assessment”, “departure direction” and “maintenance requirement”. In Schedule 1, paragraph 13, and in paragraph 16, sub-paragraph (1)(d) and (e), sub-paragraphs (2) to (9), and in sub-paragraph (10) the words “, or should be cancelled”. Schedule 4C. 1992 c. 5. The Social Security Administration Act 1992. In section 170(5), in the definition of “the relevant enactments”, paragraph (ab). 1992 c. 6. The Social Security (Consequential Provisions) Act 1992. In Schedule 2, paragraph 113. 1995 c. 18. The Jobseekers Act 1995. In Schedule 2, paragraph 20(2), (4) and (7). 1995 c. 34. The Child Support Act 1995. Sections 1, 2 and 3. Sections 6, 7, 8, 9, 10 and 11. Section 14(2) and (3). Section 18(3) and (5). Section 19. Section 22. Section 24. Section 26(4)(c). Schedules 1 and 2. In Schedule 3, paragraphs 12, 15 and 20(a). 1998 c. 14. The Social Security Act 1998. Section 42. In Schedule 7, paragraphs 20, 24, 25, 28, 34, and 35; in paragraph 36, the words “(1) and”; and paragraphs 37, 38, 39, 40, 43, 46, 48(1), (2), (3) and (5)(a), (b) and (c), 53 and 54. S.I. 1998/2780 (C.66). The Social Security Act 1998 (Commencement No. 2) Order 1998. Article 3(4). 1999 c. 10. The Tax Credits Act 1999. In Schedule 1, paragraph 6(i). In Schedule 2, paragraph 17(a).
Chapter Short title Extent of repeal 1999 c. 30. The Welfare Reform and Pensions Act 1999. In Schedule 8, paragraph 5(b) and the word “and” immediately preceding it.
Member-nominated trustees and directors Chapter Short title Extent of repeal 1995 c. 26. The Pensions Act 1995. In section 16(1), the words “(subject to section 17)” and in paragraph (b), the words “, and the appropriate rules,”. Section 17. In section 18(1), the words “, subject to section 19,” and in paragraph (b), the words “, and the appropriate rules,”. Sections 19 and 20. In section 21— (a) in subsections (1) and (2), the words “, or the appropriate rules,”; (b) in subsection (3), the words “or rules”; (c) in subsection (4), the words “(or further arrangements)” in paragraph (a), and paragraph (b) and the word “and” immediately preceding it; (d) subsection (5); (e) in subsection (7), the words “and this section”, paragraph (b) and the word “and” immediately preceding paragraph (b); and (f) in subsection (8), paragraph (b) and the word “and” immediately preceding it. 1999 c. 30. The Welfare Reform and Pensions Act 1999. In Schedule 12, paragraphs 46 and 48 and in paragraph 49, sub-paragraph (b) and the word “and” immediately preceding it. Chapter Short title Extent of repeal 1993 c. 48. The Pension Schemes Act 1993. In section 178(a), the words “sections 22 to 26 of the Pensions Act 1995”. 1995 c. 26. The Pensions Act 1995. In Schedule 3, paragraph 43. Chapter Short title Extent of repeal 1993 c. 48. The Pension Schemes Act 1993. In section 146— (a) in subsection (1)(c), the words “which arises” and the words from “and which” to “beneficiary, and”; (b) in subsection (1)(d), the words “which arises”; and (c) subsection (3A). 1995 c. 26. The Pensions Act 1995. Section 157(7). Chapter Short title Extent of repeal 1993 c. 48. The Pension Schemes Act 1993. In section 17(5), the words “Category B retirement pension,”, in the first place where they occur, and the words from “or for which” onwards. Chapter Short title Extent of repeal 1995 c. 26. The Pensions Act 1995. In Schedule 5, paragraph 34(a). Chapter or number Citation Extent of repeal or revocation 1995 c. 26. The Pensions Act 1995. In Schedule 5, paragraph 57(a)(ii). S.I. 1995/3213 (N.I. 22). The Pensions (Northern Ireland) Order 1995. In Schedule 3, paragraph 49(a)(ii). Chapter Short title Extent of repeal 1993 c. 48. The Pension Schemes Act 1993. Section 95(4). Chapter Short title Extent of repeal 1993. c. 48. The Pension Schemes Act 1993. Section 98(7)(a). Sub-paragraph (4) of paragraph 8 of Schedule 5 to this Act has effect in relation to this repeal as it has effect in relation to sub-paragraph (2) of that paragraph. Chapter Short title Extent of repeal 1999 c. 2. The Social Security Contributions (Transfer of Functions, etc.) Act 1999. In Schedule 1, paragraph 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter Short title Extent of repeal 1993 c. 48. The Pension Schemes Act 1993. Section 56(5). 1993 c. 49. The Pension Schemes (Northern Ireland) Act 1993. Section 52(5).
Chapter Short title Extent of repeal 6 & 7 Geo. 6. c. 39. The Pensions Appeal Tribunals Act 1943. In section 8, in subsection (1), the words from “Provided” to the end, subsection (2) and, in subsection (3), the words from “Provided” to the end. 12, 13 & 14 Geo. 6. c. 12. The Pensions Appeal Tribunals Act 1949. Section 1(2). Section 2. 1990 c. 41. The Courts and Legal Services Act 1990. In Schedule 10, paragraph 5. 1995 c. 26. The Pensions Act 1995. Section 169(6).
Chapter Short title Extent of repeal 1998 c. 14. The Social Security Act 1998. In Schedule 3, in paragraph 3, the word “or” at the end of sub-paragraph (c).
Chapter Short title Extent of repeal 1992 c. 5. The Social Security Administration Act 1992. Section 111A(2). Section 112(3). 1993 c. 48. The Pension Schemes Act 1993. In Schedule 8, paragraph 26. 1995 c. 18. The Jobseekers Act 1995. Section 33. Section 34(2), (3) and (5) to (7). In Schedule 2, paragraph 54. 1995 c. 26. The Pensions Act 1995. In Schedule 5, paragraph 15(2). 1997 c. 27. The Social Security (Recovery of Benefits) Act 1997. In Schedule 3, paragraph 4. 1997 c. 47. The Social Security Administration (Fraud) Act 1997. Section 12. In Schedule 1, paragraph 4(4). 1999 c. 2. The Social Security Contributions (Transfer of Functions, etc.) Act 1999. In Schedule 5, paragraph 2. 1999 c. 10. The Tax Credits Act 1999. In Schedule 2, paragraphs 11(a), 13(a) and 14(a). 1999 c. 30. The Welfare Reform and Pensions Act 1999. In Schedule 8, paragraph 34(2)(a).
Chapter Short title Extent of repeal 1998 c. 14. The Social Security Act 1998. In section 34, subsections (4) and (5). Section 35.
Chapter Short title Extent of repeal 1992 c. 4. The Social Security Contributions and Benefits Act 1992. In section 1(2)(b), the words “in respect of cars made available for private use and car fuel”. In Schedule 1, paragraphs 3(2) and 8(1)(i). 1998 c. 14. The Social Security Act 1998. Section 50(2). Section 52. In Schedule 7, paragraph 58. 1999 c. 2. The Social Security Contributions (Transfer of Functions, etc.) Act 1999. In section 8(1), paragraph (j), and in paragraph (l), the words “amount of interest or”. In Schedule 1, paragraph 19(2). In Schedule 3, paragraph 10.
Chapter or number Citation Extent of repeal or revocation 1992 c. 7. The Social Security Contributions and Benefits (Northern Ireland) Act 1992. In section 1(2)(b), the words “in respect of cars made available for private use and car fuel”. In Schedule 1, paragraphs 3(2) and 8(1)(i). S.I. 1998/1506 (N.I. 10). The Social Security (Northern Ireland) Order 1998. Article 47(2). Article 49. In Schedule 6, paragraph 40. S.I. 1999/671. The Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999. In Article 7(1), sub-paragraph (j), and in sub-paragraph (l), the words “amount of interest or”. In Schedule 1, paragraph 22(2). In Schedule 3, paragraph 11.
These repeals (except the repeals in Article 7(1) of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999) have effect in relation to the tax year beginning with 6th April 2000 and subsequent tax years.
The repeals in Article 7(1) of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 have effect in accordance with section 80(7) of this Act.
Chapter Short title Extent of repeal 1968 c. 63. The Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968. In section 2, subsection (1)(e) and, in subsection (3), the words “or (e)”. 1968 c. 64. The Civil Evidence Act 1968. In section 12(5), in the definition of “relevant proceedings”, paragraph (d). 1980 c. 43. The Magistrates’ Courts Act 1980. In section 65(1)(o) and (2)(e), the words “or section 27”. 1986 c. 55. The Family Law Act 1986. Section 56(1)(a). Section 58(5)(b). Section 63. 1987 c. 42. The Family Law Reform Act 1987. In paragraph 19(a) of Schedule 2, the words from “and there” to the end. 1989 c. 41. The Children Act 1989. Section 89. In Schedule 11, in paragraphs 1(3)(bb) and 2(3)(bb), the words from “or 27” to “parentage)”. 1990 c. 41. The Courts and Legal Services Act 1990. In Schedule 16, paragraph 3. 1991 c. 48. The Child Support Act 1991. In section 26(2), Case D. 1995 c. 34. The Child Support Act 1995. In section 20, subsections (1) to (4). 1998 c. 14. The Social Security Act 1998. In Schedule 7, paragraph 32. 1999 c. 22. The Access to Justice Act 1999. In Schedule 2, in paragraph 2(3)(g), the words “or 27”.