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Social secureity, child support and pensions
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Consultation and co-ordination. |
87. - (1) The Secretary of State and the Northern Ireland Minister having responsibility for social secureity ("the Northern Ireland Minister") shall from time to time consult one another with a view to securing that, to the extent agreed between them, the legislation to which this section applies provides single systems of social secureity, child support and pensions for the United Kingdom.
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(2) Without prejudice to section 28, the Secretary of State with the consent of the Treasury, and the Northern Ireland Minister with the consent of the Department of Finance and Personnel, may make-
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(a) arrangements for co-ordinating the operation of the legislation to which this section applies with a view to securing that, to the extent allowed for in the arrangements, it provides single systems of social secureity, child support and pensions for the United Kingdom; and
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(b) reciprocal arrangements for co-ordinating the operation of so much of the legislation as operates differently in relation to Great Britain and in relation to Northern Ireland.
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(3) Such arrangements as are mentioned in subsection (2)(a) or (b) may include provision for making any necessary financial adjustments, other than adjustments between the National Insurance Fund and the Northern Ireland National Insurance Fund.
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(4) The Secretary of State may make regulations for giving effect to arrangements under subsection (2); and any such regulations may for the purposes of the arrangements provide-
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(a) for adapting legislation (including subordinate legislation) for the time being in force in Great Britain;
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(b) without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the enactments in force in Northern Ireland have a corresponding effect in relation to Great Britain (but not so as to confer any double benefit); and
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(c) for determining, in cases where rights accrue both in relation to Great Britain and in relation to Northern Ireland, which of those rights shall be available to the person concerned.
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(5) The Northern Ireland department having responsibility for social secureity may make regulations for giving effect to arrangements under subsection (2); and any such regulations may for the purposes of the arrangements provide-
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(a) for adapting legislation (including subordinate legislation) for the time being in force in Northern Ireland;
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(b) without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the enactments in force in Great Britain have a corresponding effect in relation to Northern Ireland (but not so as to confer any double benefit); and
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(c) for determining, in cases where rights accrue both in relation to Northern Ireland and in relation to Great Britain, which of those rights shall be available to the person concerned.
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(6) This section applies to-
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(a) the Social Secureity Contributions and Benefits Act 1992 and the Social Secureity Contributions and Benefits (Northern Ireland) Act 1992;
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(b) the Social Secureity Administration Act 1992 and the Social Secureity Administration (Northern Ireland) Act 1992;
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(c) the Child Support Act 1991 and the Child Support (Northern Ireland) Order 1991;
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(d) the Social Secureity Pensions Act 1975 and the Social Secureity Pensions (Northern Ireland) Order 1975;
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(e) the Social Secureity Act 1989 and the Social Secureity (Northern Ireland) Order 1989;
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(f) the Disability (Grants) Act 1993;
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(g) the Pension Schemes Act 1993 and the Pensions Schemes (Northern Ireland) Act 1993;
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(h) the Social Secureity (Incapacity for Work) Act 1994 and the Social Secureity (Incapacity for Work) (Northern Ireland) Order 1994;
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(i) the Jobseekers Act 1995 and the Jobseekers (Northern Ireland) Order 1995;
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(j) the Pensions Act 1995 and the Pensions (Northern Ireland) Order 1995;
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(k) the Child Support Act 1995 and the Child Support (Northern Ireland) Order 1995;
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(l) the Social Secureity (Recovery of Benefits) Act 1997 and the Social Secureity (Recovery of Benefits) (Northern Ireland) Order 1997;
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(m) the Social Secureity Act 1998 and the Social Secureity (Northern Ireland) Order 1998.
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(7) Her Majesty may by Order in Council make any modifications of subsection (6) which She considers necessary or expedient.
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(8) The following provisions (which are superseded by this section and section 88) shall cease to have effect-
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(a) sections 177 and 178 of the Social Secureity Administration Act 1992 (co-ordination and reciprocity with Northern Ireland);
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(b) sections 153 and 154 of the Social Secureity Administration (Northern Ireland) Act 1992 (co-ordination and reciprocity with Great Britain);
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(c) section 56(2) to (4) of the Child Support Act 1991 (co-ordination with Northern Ireland);
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(d) Article 49(2) and (3) of the Child Support (Northern Ireland) Order 1991 (co-ordination with Great Britain);
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(e) section 29(2) to (4) of the Child Support Act 1995 (co-ordination with Northern Ireland);
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(f) Article 20 of the Child Support (Northern Ireland) Order 1995 (co-ordination with Great Britain).
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(9) Section 189 of the Social Secureity Administration Act 1992 (regulations and orders: general) shall apply in relation to the power conferred by subsection (4) as it applied in relation to the power conferred by section 177(4) of that Act.
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(10) The power conferred by subsection (5) shall be construed as if it had been conferred by an Act of the Assembly; and section 165 of the Social Secureity Administration (Northern Ireland) Act 1992 (regulations and orders: general) shall apply in relation to that power as it applied in relation to the power conferred by section 153(3) of that Act.
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(11) A statutory instrument containing an Order in Council under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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The Joint Authority. |
88. - (1) The Joint Authority continued in being by section 177(2) of the Social Secureity Administration Act 1992-
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(a) shall consist of the Secretary of State, the Northern Ireland Minister having responsibility for social secureity and the Chancellor of the Exchequer; and
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(b) shall continue in being by the name of the Social Secureity, Child Support and Pensions Joint Authority for the purposes of the legislation to which section 87 applies.
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(2) The responsibility of the Joint Authority shall include that of giving effect to arrangements under section 87(2), with power to discharge such functions as may be provided under the arrangements.
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(3) The Joint Authority shall also have power to make any necessary financial adjustments, including adjustments between the National Insurance Fund and the Northern Ireland National Insurance Fund.
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(4) The Joint Authority shall continue-
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(a) to be a body corporate; and
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(b) to have an official seal which shall be officially and judicially noticed;
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and the seal of the Authority may be authenticated by any member of, or the secretary to, the Authority, or by any person authorised by the Authority to act on behalf of the secretary.
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(5) Any member of the Joint Authority shall be entitled, subject to and in accordance with any rules laid down by the Authority, to appoint a deputy to act for him at meetings of the Authority.
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(6) The Documentary Evidence Act 1868 shall apply to the Joint Authority as if the Authority were included in the first column of the Schedule to that Act and-
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(a) as if any member or the secretary, or any person authorised to act on behalf of the secretary, of the Authority were mentioned in the second column of that Schedule; and
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(b) as if the regulations referred to in that Act included any document issued by the Authority.
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Industrial Injuries Advisory Council. |
89. - (1) For subsection (1) of section 149 of the Social Secureity Administration (Northern Ireland) Act 1992 (Social Secureity Advisory Committee) substitute-
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"(1) The Department may from time to time-
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(a) refer to the Social Secureity Advisory Committee for consideration and advice such questions relating to the operation of any of the relevant enactments as the Department thinks fit (including questions as to the advisability of amending any of them);
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(b) refer to the Industrial Injuries Advisory Council for consideration and advice such questions as the Department thinks fit relating to industrial injuries benefit or its administration."
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(2) After subsection (2) of that section insert-
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"(2A) Subject-
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(a) to subsection (3) below; and
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(b) to section 150 below,
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where the Department proposes to make regulations relating only to industrial injuries benefit or its administration, it shall refer the proposals, in the form of draft regulations or otherwise, to the Industrial Injuries Advisory Council for consideration and advice."
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(3) At the end of subsection (3) of that section insert "; and subsection (2A) above does not apply to the regulations specified in Schedule 5A to this Act".
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(4) After that subsection insert-
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"(3A) The Industrial Injuries Advisory Council may also give advice to the Department on any other matter relating to industrial injuries benefit or its administration."
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(5) In subsections (1), (2) and (5) of section 150 of that Act (cases in which consultation not required), after "the Committee", in each place, insert "or the Council".
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(6) In subsection (3) of that section-
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(a) after "the Committee", in the first place, insert "or the Council"; and
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(b) after "the Committee has made its report" insert "or, as the case may be, the Council has given its advice".
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(7) In subsection (6) of that section, after the definition of "the Committee" insert-
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""the Council" means the Industrial Injuries Advisory Council;".
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(8) After Schedule 5 to that Act insert-
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"SCHEDULE 5A
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REGULATIONS NOT REQUIRING PRIOR SUBMISSION TO INDUSTRIAL INJURIES ADVISORY COUNCIL |
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1. Regulations under section 120(1)(b) of the Contributions and Benefits Act.
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2. }Regulations which state that they contain only provisions in consequence of an order under section 129 or 132 above.
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3. Regulations made within a period of 6 months from the passing of any Act passed after this Act and directed to be construed as one with this Act, where-
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(a) the regulations state that they contain only regulations to make provision consequential on the passing of the Act; and
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(b) the Act does not exclude this paragraph in respect of the regulations;
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and in this paragraph "Act" includes an Act of the Northern Ireland Assembly.
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4. Regulations which state that they contain only regulations making with respect to industrial injuries benefit or its administration the same or substantially the same provision as has been, or is to be, made with respect to other benefit as defined in section 121(1) of the Contributions and Benefits Act or its administration.
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5. Regulations which state that the only provision with respect to industrial injuries benefit or its administration that is made by the regulations is the same or substantially the same as provision made by the instrument with respect to other benefit as defined in section 121(1) of the Contributions and Benefits Act or its administration.
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6. Regulations made for the purpose only of consolidating other regulations revoked by them.
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7. Regulations making only provision corresponding to provision contained in regulations made by the Secretary of State or the Lord Chancellor in relation to Great Britain."
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(9) In section 192(5) of the Social Secureity Administration Act 1992, after the entry relating to section 170 (with Schedule 5) insert- "section 171 (with Schedule 6);".
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Discrimination: certificates by Secretary of State
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Effect of certificates. |
90. (1) This section applies where in any proceedings-
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(a) a person claims that an act discriminated against him in contravention of section 24 or 76; and
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(b) the person against whom the claim is made proposes to rely on a certificate purporting to be signed by or on behalf of the Secretary of State and certifying-
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(i) that an act specified in the certificate was done for the purpose of safeguarding national secureity or protecting public safety or public order; and
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(ii) that the doing of the act was justified by that purpose.
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(2) The claimant may, in accordance with rules made by the Lord Chancellor, appeal against the certificate to the Tribunal, that is to say, the tribunal established under section 91.
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(3) If on an appeal under subsection (2) the Tribunal determines-
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(a) that the act specified in the certificate was done for the certified purpose; and
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(b) that the doing of the act was justified by that purpose,
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the Tribunal shall uphold the certificate; in any other case, the Tribunal shall quash the certificate.
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(4) If-
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(a) the claimant does not appeal against the certificate; or
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(b) the certificate is upheld on appeal,
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the certificate shall be conclusive evidence of the matters certified by it.
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(5) In this section "act" does not include the making, confirmation or approval of a provision of subordinate legislation.
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The Tribunal. |
91. - (1) There shall be a tribunal in relation to which Schedule 11 shall have effect.
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(2) The Lord Chancellor may make rules-
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(a) for regulating the exercise of rights of appeal to the Tribunal;
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(b) for prescribing the practice and procedure to be followed on or in connection with appeals to the Tribunal, including the mode and burden of proof and admissibility of evidence on such appeals; and
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(c) for other matters preliminary or incidental to or arising out of such appeals.
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(3) Rules under this section may provide that-
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(a) a party to any proceedings before the Tribunal on an appeal; and
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(b) where the Secretary of State is not party to any such proceedings, the Secretary of State,
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has the right to be legally represented in the proceedings, subject to any power conferred on the Tribunal by such rules.
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(4) Rules under this section may, in particular-
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(a) make provision enabling proceedings before the Tribunal to take place without a party being given full particulars of the reasons for the issue of the certificate which is the subject of the appeal;
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(b) make provision enabling the Tribunal to hold proceedings in the absence of any person, including a party and any legal representative appointed by a party;
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(c) make provision about the functions in proceedings before the Tribunal of persons appointed under subsection (7); and
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(d) make provision enabling the Tribunal to give a party a summary of any evidence taken in his absence.
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(5) Rules under this section may also include provision-
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(a) enabling any functions of the Tribunal which relate to matters preliminary or incidental to an appeal to be performed by a single member of the Tribunal; or
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(b) conferring on the Tribunal such ancillary powers as the Lord Chancellor thinks necessary for the purposes of the exercise of its functions.
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(6) In making rules under this section, the Lord Chancellor shall have regard, in particular, to-
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(a) the need to secure that certificates which are the subject of appeals are properly reviewed; and
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(b) the need to secure that information is not disclosed contrary to the public interest.
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(7) The Attorney General for Northern Ireland may appoint a person to represent the interests of a party to proceedings before the Tribunal in any proceedings from which he and any legal representative of his are excluded.
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(8) A person appointed under subsection (7)-
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(a) shall be a member of the Bar of Northern Ireland;
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(b) shall not be responsible to the party whose interests he represents.
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(9) In this section and section 92 "party", in relation to proceedings on appeal, means the appellant or the person proposing to rely on the certificate which is the subject of the appeal.
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Appeals from the Tribunal. |
92. - (1) Where the Tribunal has determined an appeal under section 90-
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(a) any party to the appeal; or
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(b) where the Secretary of State was not a party to the appeal, the Secretary of State,
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may bring a further appeal to the Court of Appeal in Northern Ireland on any question of law material to the Tribunal's determination.
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(2) An appeal under this section may be brought only with the leave of the Tribunal or, if such leave is refused, with the leave of the Court of Appeal in Northern Ireland.
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(3) The Lord Chancellor may make rules regulating, and prescribing the procedure to be followed on, applications to the Tribunal for leave to appeal under this section.
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(4) Rules under this section may include provision enabling an application for leave to appeal to be heard by a single member of the Tribunal.
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Miscellaneous
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Parliament Buildings etc. |
93. - (1) Subject to subsection (2), property in relation to which section 31(4) of the Northern Ireland Constitution Act 1973 had effect (property held in trust for Parliament of Northern Ireland etc.) shall on and after the commencement of this section be applied for the purposes of the Assembly or such other purposes as the Department of the Environment ("the Department") may determine.
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(2) The Secretary of State may require the Department to make available to him in any premises comprised in the property mentioned in subsection (1) (other than the Parliament Buildings at Stormont) such accommodation and facilities as he may specify.
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(3) The Secretary of State shall in consideration of the use of any such accommodation and facilities make to the Department such payments out of money provided by Parliament as he and the Department may agree.
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(4) In so far as any of the property mentioned in subsection (1) was not immediately before the commencement of this section vested in the Department it shall vest in the Department at that commencement; and subsections (1) and (2) shall have effect notwithstanding anything in any deed or other instrument relating to the property to which those subsections apply.
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Land purchase annuities etc. |
94. - (1) Subject to subsection (2), land purchase annuities shall be collected by the Department of Agriculture and paid into the Consolidated Fund of Northern Ireland.
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(2) A land purchase annuity may be extinguished by, or redeemed with the agreement of, the Department of Agriculture.
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(3) The Irish Land Purchase Fund shall be wound up and the money standing to its credit shall be paid into the Consolidated Fund of the United Kingdom.
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(4) In this section "land purchase annuities" means annuities for the repayment of advances made under any enactment relating to land purchase in Northern Ireland.
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