The National Insurance (Non-participation—Transfer of Functions) (Transitional) Regulations 1983

• Citation: S.I. 1983/118
• Sections: 7

Section 1 Citation and commencement

These regulations may be cited as the National Insurance (Non-participation—Transfer of Functions) (Transitional) Regulations 1983 and shall come into operation on 10th March 1983.

Section 2 Transfer of the Adjudicator's functions to the Occupational Pensions Board

For the purposes of facilitating the winding up of the system of insurance contained in the former principal Act and the disposal of matters connected with that system the provisions of regulations 3, 4, 5 and 6 of these regulations shall have effect for transferring to the Occupational Pensions Board the functions (determination of references and appeals on questions relating to non-participating employments) dischargeable before the coming into operation of these regulations by an Adjudicator appointed in accordance with section 74(3) of the National Insurance Act 1965 for the purposes of Part III of that Act.

Section 3 Amendment of the National Insurance (Non-participation—Transitional Provisions) ( No. 2) Regulations 1974

(1) The National Insurance (Non-participation—Transitional Provisions) (No. 2) Regulations 1974 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 3(1) of the said regulations the words “(1) and (2)” shall be inserted between the words “74” and “(determination” .

(3) There shall be added to regulation 3 of the said regulations the following paragraph:—

(4) Sub-section (1) of section 74 shall continue in force in the modified form set out in the Schedule to these regulations.

(4) There shall be added to the said regulations the following Schedule:—

SECTION 74(1) OF THE NATIONAL INSURANCE ACT 1965 AS CONTINUED IN FORCE BY THESE REGULATIONS

(74)

(1) Regulations under section 73(1) of this Act shall provide—

(a) for the determination by an officer appointed by the Secretary of State (hereafter in this section referred to as “ the registrar ”) of any question whether an employment is to be treated as a non-participating employment, or as to the persons in relation to whom or the period for which it is to be so treated, and for the issue, variation and cancellation by the registrar of the certificates under section 56 of this Act specifying the employments which are to be so treated;

(b) for enabling any such question, instead of being determined as aforesaid, to be referred to the Occupational Pensions Board, and for enabling appeals to be brought to the said Board from decisions of the registrar;

(c) for enabling the functions of the registrar to be exercised by officers appointed to act as his deputies by the Secretary of State.

Section 4 Amendment of the National Insurance (Non-participation—Certificates) Regulations 1959

The National Insurance (Non-participation—Certificates) Regulations 1959 shall be amended as follows:—

(a) in regulation 1(2) of those regulations there shall be substituted for the definition of “the Adjudicator” the following definition—

“ the Board ” means the Occupational Pensions Board established under section 66 of the Social Security Act 1973;”

, and

(b) for every reference to the Adjudicator in the ensuring provisions of those regulations there shall be substituted a reference to the Board.

Section 5 Amendment of the National Insurance (Non-participation—Appeals and References) Regulations 1959

(1) The S.I. 1959/2119 National Insurance (Non-participation—Appeals and References) Regulations 1959 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 1(2) of the said regulations there shall be substituted for the definition of “the Adjudicator” the following definition:—

“ the Board ” means the Occupational Pensions Board established under section 66 of the Social Security Act 1973;

(3) For regulation 2 of the said regulations there shall be substituted the following regulation:—

“Clerk to the Board

(2) The Secretary of the Board, or such other person as the Board may from time to time appoint for the purpose, shall act as Clerk to the Board for the performance of such duties in connection with appeals and references from the Registrar under Part III of the National Insurance Act 1965 as may be required for the purposes of these regulations.

(4) Subject to the provisions of paragraphs (2) and (3) of this regulation, for every reference to the Adjudicator in the said regulations there shall be substituted a reference to the Board.

(5) In regulation 4(9) of the said regulations for the word “him” there shall be substituted the words “the member who presided, or failing him any 2 other members who participated, when the Board determined the appeal or reference in question” .

(6) Paragraph (8) of regulation 4 of the said regulations is hereby revoked.

Section 6 Modification of the provisions of section 86 of the Social Security Act 1973

Modification of the provisions of section 86 of the Social Security Act 1973 Section 86 of the Social Security Act 1973 (references and appeals from the Board to the courts on questions of law) shall be modified so as to have effect as if—

(a) questions of law arising in connection with any matters falling to be determined by the Board by virtue of the provisions of these regulations were included in the questions which the Board may refer to the court under subsection (1) of that section, and

(b) the rights of appeal to the court conferred by subsection (4) of that section upon persons aggrieved included the right to appeal on a question of law against any decision of the Board on any matter falling to be determined by them by virtue of the provisions of these regulations, and

(c) the other provisions of that section applied, as the case may require, to references and appeals to which subsections (1) and (4) apply by virtue of the provisions of these regulations.

Section 7 Amendment of the National Insurance (Non-participation—Transitional Provisions) Regulations 1974

In regulation 2(4) of the National Insurance (Non-participation—Transitional Provisions) Regulations 1974 there shall be substituted for the words “1983” the words “1985” .