The Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 2 and Consequential and Transitional Provisions) Order 1999

• Citation: S.I. 1999/1662
• Sections: 4

Section 1 Citation and interpretation

(1) This Order may be cited as the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 2 and Consequential and Transitional Provisions) Order 1999.

(2) In this Order, unless the context otherwise requires—

“ the Act ” means the Social Security Contributions (Transfer of Functions, etc.) Act 1999;

and references to sections and Schedules are references to sections of, and Schedules to, the Act.

Section 2 Appointed days

Subject to article 4 below, the day appointed for the coming into force of—

(a) the provisions of the Act which are specified in Part I of the Schedule to this Order, in so far as they authorise the making of Regulations, is 14th June 1999;

(b) the provisions of the Act which are specified in Part II of that Schedule, in so far as they are not already in force, is 5th July 1999.

Section 3 Consequential amendments

(1) Subject to article 4 below, the Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall on 5th July 1999 be amended in accordance with the following paragraphs of this article.

(2) In regulation 1 (interpretation)—

(a) in paragraph (3)—

(i) after the definition of “appeal” there shall be inserted the following definition:—

“the Board” means the Commissioners of Inland Revenue;

(ii) in paragraph (b) of the definition of “claimant”, for “the Secretary of State” there shall be substituted “an officer of the Board”, and

(iii) in the definition of “official error”, after “Social Security” there shall be inserted “, the Board”, and for “either Department” (in both places where those words occur) there shall be substituted “any of those Departments”;

(b) after paragraph (3) there shall be inserted the following paragraph:—

(3A) In these Regulations as they relate to any decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any reference to the Secretary of State is to be construed as if it were a reference to an officer of the Board.

(3) In regulation 3 (revision of decisions)—

(a) in paragraph (4), for “the Secretary of State” there shall be substituted “an officer of the Board”; and

(b) in paragraph (11), after sub-paragraph (b) there shall be inserted

; or

in the case of a contributions decision which falls within Part II of Schedule 3 to the Act , any National Insurance Contributions office of the Board or any office of the Department of Social Security; or

in the case of a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act , any National Insurance Contributions office of the Board.

(4) In regulation 33(2) (making of appeals and applications—meaning of “appropriate office”)—

(a) in sub-paragraph (c) after “office” there shall be inserted “of the Board, or any office of the Department of Social Security”; and

(b) after sub-paragraph (c) there shall be inserted the following sub-paragraph:—

(cc) in the case of a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any National Insurance Contributions office of the Board;

Section 4 Transitional provision

Notwithstanding paragraph 1(2) of Schedule 8 (which provides for certain determinations made by the Secretary of State to have effect as if made by the Board) section 16(2) shall not apply with respect to any decision given before 5th July 1999 by the Secretary of State of any such question as is mentioned in section 170(1) of the Pension Schemes Act 1993 (which includes such a question among the questions to which section 17(1) of the Social Security Administration Act 1992 applies).