Social Security (Consequential Provisions) (Northern Ireland) Act 1992

• Citation: 1992 c. 9
• Sections: 85

Section 1 Meaning of “the consolidating Acts”.

In this Act—

“ the consolidating Acts ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“ the Contributions and Benefits Act ”), the Social Security Administration (Northern Ireland) Act 1992 (“ the Administration Act ”) and, so far as it reproduces the effect of the repealed enactments, this Act; and

“ the repealed enactments ” means the enactments repealed by this Act.

Section 2 Continuity of the law.

(1) The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.

(2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that provision.

(3) Any reference, whether express or implied, in the consolidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.

(4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.

Section 3 Repeals.

(1) The enactments mentioned in Schedule 1 to this Act are repealed to the extent specified in the third column of that Schedule (being repeals consequential on the consolidating Acts).

(2) The repeals have effect subject to any relevant savings in Schedule 3 to this Act.

Section 4 Consequential amendments.

The enactments mentioned in Schedule 2 to this Act shall have effect with the amendments there specified (being amendments consequential on the consolidating Acts).

Section 5 Transitional provisions and savings.

(1) The transitional provisions and savings in Schedule 3 to this Act shall have effect.

(2) Nothing in that Schedule affects the general operation of section 16 of the Interpretation Act 1978 (general savings implied on repeal) or of the previous provisions of this Act.

Section 6 Transitory modifications.

The transitory modifications in Schedule 4 to this Act shall have effect.

Section 7 Short title, commencement and extent.

(1) This Act may be cited as the Social Security (Consequential Provisions) (Northern Ireland) Act 1992.

(2) This Act shall come into force on 1st July 1992, immediately after the Social Security (Consequential Provisions) Act 1992 .

(3) Except as provided by subsections (4) to (6) below, this Act extends to Northern Ireland only.

(4) Section 2 above and this section extend to the whole of the United Kingdom.

(5) Where any enactment repealed or amended by this Act extends to any part of the United Kingdom, the repeal or amendment extends to that part.

(6) Section 4 above extends to the Isle of Man so far as it relates to paragraph 21 of Schedule 2 to this Act.

Section 1

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Section 2

(1) In section 5(3) of the Employment and Training Act (Northern Ireland) 1950 for the words “paragraph 1 of Schedule 3 to the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ paragraph 1 or 2 of Schedule 3 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

(2) In section 5(4) of that Act for the words “the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

Section 3

(1) In sections 3, 16 and 20 of the Judicial Pensions Act (Northern Ireland) 1951 for the words “National Insurance” there shall be substituted the words “ Social Security” .

(2) In section 22(1) of that Act for the definition of “ National Insurance Commissioner ” there shall be substituted the following definition—

“ Social Security Commissioner ” means a Social Security Commissioner appointed under section 50(1) of the Social Security Administration (Northern Ireland) Act 1992;

Section 4

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Section 5

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Section 6

In section 10(2)(e) of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 for the words “Article 25 of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “ section 101 of the Social Security Administration (Northern Ireland) Act 1992” .

Section 7

In section 20(2)(a) of the Children and Young Persons Act (Northern Ireland) 1968 for the words “the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “ Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

Section 8

(1) In section 2 of the Social Services (Parity) Act (Northern Ireland) 1971 for the words “section 129(5) of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 145(5) of the Social Security Administration (Northern Ireland) Act 1992” .

(2) In Schedule 1 to that Act for the entries relating to the Social Security Act 1975 and the Industrial Injuries and Diseases (Old Cases) Act 1975 there shall be substituted the following entries—

The Social Security Contributions and Benefits Act 1992.

The Social Security Administration Act 1992.

Section 9

In Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 for the definition of “ trade dispute ” there shall be substituted the following definition—

“ trade dispute ” has the same meaning as in section 27 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

Section 10

(1) In Schedule 10 to the Social Security (Northern Ireland) Act 1975 at the end of paragraph 5 there shall be added the following sub-paragraph—

(3) This paragraph and paragraphs 6, 7 and 7A shall have effect as if contained in the Social Security Administration (Northern Ireland) Act 1992.

(2) In paragraph 6(1) of that Schedule for head (a) there shall be substituted the following head—

(a) if he retires pursuant to paragraph 1 of Schedule 2 to the Social Security Administration (Northern Ireland) Act 1992;

Section 11

In section 2(3)(b) of the Social Security (Consequential Provisions) Act 1975 for the words “sections 155 and 156(4) to (6) of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ sections 165 and 166(4), (6) and (11) of the Social Security Administration (Northern Ireland) Act 1992” .

Section 12

In Schedule 1 to the House of Commons Disqualification Act 1975—

(a) in Part I, for the entry beginning “Chief or other Social Security Commissioner for Northern Ireland” there shall be substituted the following entry— “ Chief or other Social Security Commissioner for Northern Ireland (not including a deputy Commissioner).” ;

(b) in Part III, in the entry beginning “Adjudicating medical practitioner” for the words “Part III of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ Part II of the Social Security Administration (Northern Ireland) Act 1992” ;

(c) in Part III, in the entry beginning “Member of a Medical Appeal Tribunal for Northern Ireland” for the words “paragraph 2(2) of Schedule 12 to the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 48(2) of the Social Security Administration (Northern Ireland) Act 1992” ;

(d) in Part III, for the entry beginning “Member of the panel of chairmen for Social Security Appeal Tribunals for Northern Ireland” there shall be substituted the following entry— “ Member of the panel of chairmen for Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland appointed under section 49(1)(c) of the Social Security Administration (Northern Ireland) Act 1992.” .

Section 13

In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975—

(a) in Part I, for the entry “Chief or other National Insurance Commissioner for Northern Ireland” there shall be substituted the following entry— “ Chief or other Social Security Commissioner for Northern Ireland (not including a deputy Commissioner)” ;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in Part II, the entry beginning “A Medical Board” shall cease to have effect;

(d) in Part III, at the appropriate place in alphabetical order, there shall be inserted the following entry— “ Adjudicating medical practitioner or specially qualified adjudicating medical practitioner appointed under or by virtue of Part II of the Social Security Administration (Northern Ireland) Act 1992” ;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 14

(1) The Social Security Pensions (Northern Ireland) Order 1975 shall be amended as follows.

(2) In Article 2(2)—

(a) the following definition shall be inserted before the definition of “ average salary benefits ” — “ the Administration Act ” means the Social Security Administration (Northern Ireland) Act 1992;” ; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(19) In Article 69(1) for the words “Article 64 of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “ section 132 of the Administration Act” .

(20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 15

In Schedule 1 to the Births and Deaths Registration (Northern Ireland) Order 1976 for the entry relating to the Child Benefit (Northern Ireland) Order 1975 there shall be substituted the following entries—

The Social Security Contributions and Benefits (Northern Ireland) Act 1992.

The Social Security Administration (Northern Ireland) Act 1992.

Section 16

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Section 17

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Article 19 of that Order for paragraphs (1) and (2) there shall be substituted the following paragraphs—

(1) Section 165(4), (5) and (10) of the Social Security Administration (Northern Ireland) Act 1992 shall have effect as if references to that Act included references to this Order.

(2) A power under any of sections 116 to 119 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or sections 153 to 155 of the Social Security Administration (Northern Ireland) Act 1992 to make provision by regulations or order for modifications or adaptations of those Acts shall be exercisable in relation to any provision in this Order.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 18

In Article 5(2)(e) of the Agricultural Wages (Regulation) (Northern Ireland) Order 1977 for the words from “Social Security (Northern Ireland) Act 1975” to the end there shall be substituted the words “ Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

Section 19

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Section 20

In sub-paragraph (2) of paragraph 5 of Schedule 1 to the Capital Gains Tax Act 1979—

(a) for the words “section 35 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” ; and

(b) for the words “section 37ZA of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

Section 21

In section 1(4) of the Vaccine Damage Payments Act 1979 for the words “section 57 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 103 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

Section 22

(1) In Article 2(2) of the Pneumoconiosis, etc. (Workers’ Compensation) (Northern Ireland) Order 1979 after the words “section 76 of the Social Security (Northern Ireland) Act 1975” wherever they occur there shall be inserted the words “ or section 108 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

(2) In Article 2(3) of that Order for the words “(Northern Ireland) Act 1975” there shall be substituted the words “ Contributions and Benefits (Northern Ireland) Act 1992 or the Social Security Administration (Northern Ireland) Act 1992” and for the words “that Act” there shall be substituted the words “ either of those Acts” .

(3) In Article 8 of that Order—

(a) for the words “Section 94 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ Section 16 of the Social Security Administration (Northern Ireland) Act 1992” ;

(b) for the words “section 93(1)” and “section 94” there shall be substituted the words “ section 15(1)” and “ section 16” respectively.

Section 23

In Article 129C(2)(a) of the Road Traffic (Northern Ireland) Order 1981—

(a) in head (i) for the words “section 35 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” ;

(b) in head (iA) for “37ZA” there shall be substituted “ 71” ;

(c) in head (iii) for “57” there shall be substituted “ 103” and for “61(1)” there shall be substituted “ 104(1)” .

Section 24

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Section 25

In Articles 88 and 98(11) of the Magistrates’ Courts (Northern Ireland) Order 1981 for the words “or Article 25 of the Social Security (Northern Ireland) Order 1986” there shall be substituted the words “ or section 101 of the Social Security Administration (Northern Ireland) Act 1992” .

Section 26

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In Article 6(4) of that Order for the words “Section 155(2) to (3A) of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ Section 171(3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

(3) In Article 6(5) of that Order for the words “(Northern Ireland) Act 1975” there shall be substituted the words “ Administration (Northern Ireland) Act 1991” and the following entry shall be added after the entry relating to the Social Security (Northern Ireland) Acts 1975 to 1992—

The Social Security Contributions and Benefits (Northern Ireland) Act 1992,

Section 27

In Article 36(1) of the Social Security (Northern Ireland) Order 1982 for the words from the beginning to “principal Act” there shall be substituted the words “ Section 165(4), (5) and (10) of the Social Security Administration (Northern Ireland) Act 1992” .

Section 28

In the seventh note to Group 14 of Schedule 5 to the Value Added Tax Act 1983 for the words “section 37ZA of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

Section 29

(1) In paragraph (b) of sections 74(4) and 89(4) of the Inheritance Tax Act 1984 for the words “section 35 of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 64 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

(2) In paragraph (c) of those subsections for the words “section 37ZA of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

Section 30

(1) In Article 32 of the Industrial Training (Northern Ireland) Order 1984—

(a) in paragraph (1) for the words “Chapter IV of Part II of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ Part V of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” and for the words “sections 52 to 54” there shall be substituted the words “ sections 98 to 100” ;

(b) in paragraph (2) for the words “section 52” there shall be substituted the words “ section 98” ;

(c) in paragraph (3) for the words “section 53” there shall be substituted the words “ section 99” ;

(d) in paragraph (4) for the words “section 54” there shall be substituted the words “ section 100” .

(2) In Article 33(1) of that Order for the words “Part II of the Social Security (Northern Ireland) Act 1975” there shall be substituted the words “ the Social Security Contributions and Benefits (Northern Ireland) Act 1992” and for the words “Chapter IV of that Part” there shall be substituted the words “ Part V of that Act” .

Section 31

(1) In Article 1(9) of the Social Security (Northern Ireland) Order 1985 for the words “Subsections (2) and (3) of section 155 of the principal Act” there shall be substituted the words “ Subsections (4) and (5) of section 165 of the Social Security Administration (Northern Ireland) Act 1992” .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 32

(1) The Social Security (Northern Ireland) Order 1986 shall be amended as follows.

(2) In Article 6(1) for the words from “sections 16(2B)” to “Article 31” there shall be substituted the words “ sections 34(4) and 47(2) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, paragraph 3(2) of Schedule 7 to that Act and Articles 31 to 31C” .

(3) In Article 11(5) for the words “Article 18(5) of that Order” there shall be substituted the words “ section 41(7) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

(4) In Article 18A(1) for the words “Section 134 of the principal Act” there shall be substituted the words “ Section 155 of the Social Security Administration (Northern Ireland) Act 1992” .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In Article 53(2) for the words “section 93(1) of the principal Act” there shall be substituted the words “ section 15(1) of the Social Security Administration (Northern Ireland) Act 1992.” .

(8) In Article 60(3)(c) for the words “Part III of the principal Act including that Part as extended by Article 53(3)” there shall be substituted the words “ sections 15 to 60 of the Social Security Administration (Northern Ireland) Act 1992” .

(9) In Article 81(1) for the words from the beginning to “principal Act” there shall be substituted the words “ Article 71B(1) to (4) of the Pensions Order” .

(10) In Article 81 for paragraphs (3) and (4) there shall be substituted the following paragraphs—

(3) Regulations under Article 7(15)(a), and regulations made by the Department and contained in a statutory rule which includes any such regulations, shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have been approved by a resolution of the Assembly.

(4) Regulations and orders made by the Department under this Order, other than those to which paragraph (3) applies and orders under Article 1, shall be subject to negative resolution.

(11) In Article 81 for paragraph (8) there shall be substituted the following paragraph—

(8) Sections 171(10) and 172(9) to (11) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 shall apply to regulations under Article 79(6) as they apply to regulations under section 116(3) of that Act.

Section 33

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Section 34

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Section 35

(1) In Article 13(4)(e) of the Social Security (Northern Ireland) Order 1988 for the words “principal Act” there shall be substituted the words “ Social Security Administration (Northern Ireland) Act 1992” .

(2) In Article 13(7) of that Order for the words “Section 156(1) of the principal Act” there shall be substituted the words “ Section 166(1) of the Social Security Administration (Northern Ireland) Act 1992” .

(3) In Article 15 of that Order for the words “Articles 4, 7, 8, 10 and 11” there shall be substituted the words “ Article 10” .

(4) In Article 15A(1) of that Order for the words “Section 155(1) to (3A) of the principal Act” there shall be substituted the words “ Section 171(2) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

(5) In Article 15A(2) of that Order after “1(3)” there shall be inserted “ and 13” .

Section 36

(1) In Article 8(7) of the Social Security (Northern Ireland) Order 1989 for the words “section 104 of the principal Act” there shall be substituted the words “ section 23 of the Social Security Administration (Northern Ireland) Act 1992” .

(2) In Article 8(9) of that Order—

(a) for the words from the beginning to “principal Act” there shall be substituted the words “ Section 26 of the Social Security Administration (Northern Ireland) Act 1992 (appeals from reviews)” ; and

(b) for the words “that section” there shall be substituted the words “ section 23 of that Act” .

(3) In Article 30(1) of that Order for the words “subsections (1) to (3A) of section 155 of the principal Act” there shall be substituted the words “ section 171(2) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

Section 37

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Section 38

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Section 39

(1) In Article 20 of the Social Security (Northern Ireland) Order 1990 for the words from “Articles 6” to “and 16” there shall be substituted the words “ paragraph 16” .

(2) In Article 21(1) of that Order for the words “subsections (1) to (3A) of section 155 of the principal Act” there shall be substituted the words “ section 171(2) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

(3) In Schedule 6 to that Order in paragraph 6(12)(b) for the words “section 156(1) of the principal Act” there shall be substituted the words “ section 166(1) of the Social Security Administration (Northern Ireland) Act 1992 or section 172(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992” .

(4) In paragraph 16(3) of that Schedule for the words “section 104 of the principal Act” there shall be substituted the words “ section 23 of the Social Security Administration (Northern Ireland) Act 1992” .

(5) In paragraph 16(5) of that Schedule for the words “Subsection (4) of section 104 of the principal Act” there shall be substituted the words “ Section 26 of the Social Security Administration (Northern Ireland) Act 1992” .

Section 1

(1) A question other than a question arising under any of sections 1 to 3 of the Administration Act—

(a) whether a person is entitled to benefit in respect of a time before 1st July 1992;

(b) whether a person is liable to pay contributions in respect of such a time,

and any other question not arising under any of those sections with respect to benefit or contributions in respect of such a time is to be determined, subject to section 66 of the Administration Act, in accordance with provisions in force or deemed to be in force at that time.

(2) Subject to sub-paragraph (1) above, theconsolidating Acts apply to matters arising before their commencement as to matters arising after it.

Section 2

The repeal by this Act of an enactment previously repealed subject to savings (whether or not in the repealing enactment) does not affect the continued operation of those savings.

Section 3

Any document made, served or issued after this Act comes into force which contains a reference to any of the repealed enactments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Acts.

Section 4

The repeal by this Act of a provision providing for or relating to the coming into force of a provision reproduced in the consolidating Acts does not affect the operation of the first provision, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.