The Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999

• Citation: S.I. 1999/1958
• Sections: 72

Section 1 Citation and interpretation

(1) This Order may be cited as the Social Security Act 1998 (Commencement No. 8, and Savings and Consequential and Transitional Provisions) Order 1999.

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

“the Act" means the Social Security Act 1998;

“the Administration Act" means the Social Security Administration Act 1992 ;

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

Section 2 Appointed day

(1) Subject to paragraph (2) below and to articles 3 and 5 of this Order, 5th July 1999 is the day appointed for the coming into force of—

(a) paragraph 105 of Schedule 7 (co-ordination with Northern Ireland), and section 86(1) in so far as it relates to that paragraph; and

(b) the provisions of the Act specified in Schedule 1 to this Order, in so far as those provisions are not already in force, for the purposes of—

(i) guardian’s allowance under Part III of the Social Security Contributions and Benefits Act 1992 ,

(ii) benefits under Part V of that Act (benefits for industrial injuries),

(iii) child benefit, and

(iv) any matter to which, by virtue of section 170 of the Pension Schemes Act 1993 , provisions of Chapter II of Part I of the Act are to apply.

(2) Paragraphs 63 and 102 of Schedule 7 shall come into force immediately before, respectively, paragraphs 4 and 14 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc. ) Act 1999 come into force.

Section 3 Savings

(1) Notwithstanding the coming into force of section 39(3) (Part II of the Administration Act to cease to have effect) , section 86(2) and Schedule 8 (repeals) ) or regulation 59 (revocations) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 —

(a) sections 18 and 19 of the Administration Act (appeals on questions of law, and review of decisions);

(b) sections 59 to 61 of, and Schedule 3 to, that Act (regulations about procedural and supplementary matters) as they relate to regulations made in relation to those sections; and

(c) any regulations made under or in connection with the operation of any of those sections or that Schedule,

shall continue to have effect with respect to any decision given before 1st April 1999 by the Secretary of State under section 17(1)(d) of that Act (decision whether person employed in employed earner’s employment for purposes of industrial injuries benefit).

(2) Notwithstanding the coming into force of paragraph 101 of Schedule 7, section 164(5)(a) of the Administration Act (which provides for certain fees to be paid into the National Insurance Fund) shall continue to have effect in relation to any payment of fees made on or after 5th July 1999 under regulations made by virtue of section 62(2)(b) of that Act in connection with a medical examination conducted before that date.

Section 4 Consequential amendments and modifications

(1) The amendments and modifications made by the following paragraphs of this article shall take effect on 5th July 1999.

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

(3) The Child Benefit (General) Regulations 1976 shall be amended in accordance with Schedule 3 to this Order.

(4) The Social Security (Claims and Payments) Regulations 1979 shall be amended in accordance with Schedule 4 to this Order.

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

(6) The Workmen’s Compensation (Supplementation) Scheme 1982 shall be amended in accordance with Schedule 6 to this Order.

(7) The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 shall be amended in accordance with Schedule 7 to this Order.

(8) The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 shall be amended in accordance with Schedule 8 to this Order.

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

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

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

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

Section 5 Transitional provisions

Schedule 12 to this Order shall have effect.

Section 6

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Section 7

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Section 1

In regulation 2(1) (interpretation) the definition of “determining authority" shall be omitted.

Section 2

In regulation 26 (obligations of claimants for, and beneficiaries in receipt of, disablement benefit)—

(a) in paragraph (1)—

(i) in sub-paragraph (a) for the words “medical authority" there shall be substituted the words “ medical practitioner who has experience in the issues specified in regulation 12(1) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ” , and

(ii) in sub-paragraph (b) the words from “or by any" to the end of the sub-paragraph shall be omitted;

(b) in paragraph (2) for the words from “to examination" to the end of the paragraph there shall be substituted the words “ to examination before the expiration of the period of 6 days beginning with the date of the notice or such shorter period as may be reasonable in the circumstances ” ; and

(c) paragraph (4) shall be omitted.

Section 10

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Section 11

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Section 12

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Section 1

In article 1 (citation, commencement and interpretation)—

(a) after the definition of “the 1965 Act" there shall be inserted the following definition “ “the 1998 Act" means the Social Security Act 1998; ” ;

(b) for the definition of “the appropriate determining authority" there shall be substituted the following definition—

“the appropriate determining authority" means the Secretary of State or, as the case may be, an appeal tribunal or a Commissioner within the meaning of section 39 of the 1998 Act;

(c) for the definition of “claimant" there shall be substituted the following definition—

“claimant" means a person claiming an allowance and includes, in relation to the revision or supersession of a decision, a beneficiary under the award or affected by the decision;

(d) the definition of “the adjudication officer" shall be omitted; and

(e) after the definition of “medical board" there shall be inserted the following definition:—

“medical practitioner" means a medical practitioner who has experience in the issues specified in regulation 12(1) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999;

Section 2

In article 6(5) (amount of workmen’s compensation) for the word “review" there shall be substituted the words “ revision or supersession ” ;

Section 3

For article 12 (determination of questions arising under the scheme) there shall be substituted the following article—

Determination of claims and applications for revision and supersession arising under the scheme.

(12) Subject to the provisions of Part IV of this scheme, any question relating to any allowance or benefit under this scheme shall be determined as if it had arisen under Part V of the Social Security Contributions and Benefits Act 1992 and, except where this scheme otherwise provides, the provisions of the 1998 Act, and of the Social Security (General Benefit) Regulations 1982, the Social Security (Claims and Payments) Regulations 1987, the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988, the Social Security and Child Support (Decisions and Appeals) Regulations 1999 and the Social Security Commissioners (Procedure) Regulations 1999 which are specified in Schedule 2 to this scheme shall, with the necessary modifications, apply for the purposes of this scheme.

Section 4

For article 13 (reference of questions to the medical board) there shall be substituted the following article—

Reference for report to a medical practitioner

(13)

(1) Subject to the provisions of paragraph (2) of this article, where the Secretary of State has decided that a claimant is not totally disabled as a result of pneumoconiosis for the purposes of a compensation scheme, and that claimant claims a major incapacity allowance, that claim shall be referred by the Secretary of State to a medical practitioner for advice.

(2) For the purposes of paragraph (1) of this article—

(a) in a case where the claimant has been held in arbitration proceedings under the Workmen’s Compensation Acts to be totally disabled as a result of pneumoconiosis, the Secretary of State may determine that the claimant is so disabled without referring the question to a medical practitioner;

(b) in a case where the Secretary of State is of the opinion that any other decision or determination disposes of the claim, he may, without referring the question whether the claimant is totally disabled as a result of pneumoconiosis to a medical practitioner, make a decision that an award cannot be made on the claim.

Section 5

For article 14 (issue of certificate by a medical board) there shall be substituted the following article—

Provision of a report by a medical practitioner

(14) Where, in pursuance of a reference under article 13 of this scheme, a medical practitioner is satisfied, having examined the claimant, that he is totally disabled as a result of pneumoconiosis, he shall report his findings to the Secretary of State accordingly.

Section 6

In article 15 (radiographic examination) for the words—

(a) “medical board" there shall be substituted the words “ Secretary of State ” ;

(b) “where they consider necessary, to make or cause to be made" there shall be substituted the words “ where he considers it necessary, to cause to be made ” .

Section 7

In article 17 (obligations of claimants and of persons in receipt of allowances to undergo medical examination)—

(a) in paragraph (1), the words “by a medical authority (as defined in paragraph (4) of this article)" shall be omitted;

(b) in paragraph (2)(a), for the words “the medical board" there shall be substituted the words “ a medical practitioner ” ;

(c) paragraph (4) shall be omitted.

Section 8

For article 26 (review of decisions of the Board) there shall be substituted the following article—

(26)

(1) The Secretary of State may at any time and from time to time revise or supersede any decision given by the Board under provisions of the Workmen’s Compensation (Supplementation) Scheme 1966 in force immediately before 1st July 1977, if—

(a) the decision was erroneous in view of new facts which have been brought to his notice since the date on which the decision was given or by reason of some mistake being made with respect to the facts or the law; or

(b) there has been any relevant change of circumstances since the decision was given.

(2) A decision of the Board may be revised or superseded by the Secretary of State on his own initiative or by application in writing to him for the purpose.

(3) Where it appears to the Secretary of State that an issue has arisen whether the decision as to an award of an allowance to which this article relates ought to be revised or superseded in accordance with the provisions of paragraph (1), he may decide that payment of the allowance shall be suspended in whole or in part until that issue has been determined.

(4) Repayment of sums by way of an allowance in pursuance of the original decision shall not be required under this article in any case where it is shown to the satisfaction of the Secretary of State that in the obtaining and receipt of the benefit the beneficiary, and any person acting for him, has throughout used due care and diligence to avoid overpayment.

(5) For the purposes of this article a decision given under any scheme made under the 1951 Act shall be treated as if it had been given under the Workmen’s Compensation (Supplementation) Scheme 1966 as it was immediately before the Workmen’s Compensation (Supplementation) Amendment Scheme 1977 came into operation.

(6) On a revision or supersession of a decision given by the Board under any scheme made under the 1951 Act in force before 1st March 1966 a decision given by the Secretary of State may determine any issues referred to him arising under any such scheme.

Section 9

In article 33 (review)—

(a) for the words “a question" there shall be substituted the words “ an issue ” ;

(b) for the words “reviewed by the adjudication officer" there shall be substituted the words “ considered by the Secretary of State who may decide the issue afresh ” ;

(c) for the words “the question" there shall be substituted the words “ the issue ” .

Section 11

For Schedule 2 there shall be substituted the following Schedule—

PROVISIONS OF THE 1998 ACT OR REGULATIONS APPLICABLE (WITH THE NECESSARY MODIFICATIONS) TO THIS SCHEME

Section 1

In article 1(2) (citation, commencement and interpretation)—

(a) after the definition of “the Act" the following definition shall be inserted—

“the 1998 Act" means the Social Security Act 1998;

(b) for the definition of “the appropriate determining authority" there shall be substituted the following definition—

“the appropriate determining authority" means the Secretary of State or, as the case may be, an appeal tribunal or Commissioner within the meaning of section 39 of the 1998 Act;

(c) for the definition of “claimant" there shall be substituted the following definition—

“claimant" means a person claiming an allowance or death benefit under this scheme and includes, in relation to the revision or supersession of a decision, a person affected by that decision;

(d) after the definition of “foundry" the following definition shall be inserted—

“medical practitioner" means a medical practitioner who has experience in the issues specified in regulation 12(1) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999;

Section 2

In article 2(2)(c) (benefit payable under this scheme), for the words “certified as provided in article 14" there shall be substituted the words “ decided by the Secretary of State ” .

Section 3

In article 4(1) (allowances payable under this scheme) for the words “to the date certified by a medical board" there shall be substituted the words “ to the date decided by the Secretary of State ” .

Section 4

For article 12 there shall be substituted the following article—

Questions arising under the scheme

(12) Subject to the provisions of Part IV, any question relating to any allowance or benefit under this scheme shall be determined as if it had arisen under Part V of the Social Security Contributions and Benefits Act 1992 and, except where the scheme otherwise provides, the provisions of the 1998 Act and of the Social Security (General Benefit) Regulations 1982, the Social Security (Claims and Payments) Regulations 1987, the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988, the Social Security and Child Support (Decisions and Appeals) Regulations 1999 and the Social Security Commissioners (Procedure) Regulations 1999 which are specified in Schedule 3 shall, with the necessary modifications, apply for the purposes of this scheme.

Section 5

For article 13 (reference of questions in respect of pneumoconiosis or byssinosis to medical authorities) there shall be substituted the following article—

MEDICAL REPORT

Report of a medical practitioner

(13)

(1) Subject to the provisions of paragraph (3), the Secretary of State, on consideration of a claim for an allowance in respect of pneumoconiosis or byssinosis, shall refer the case to a medical practitioner for advice.

(2) The Secretary of State need not refer the case as provided in paragraph (1), but may determine that an award cannot be made on the claim if the claimant fails to satisfy him—

(a) that he fulfils the conditions relating to the allowance;

(b) that there is reasonable cause for suspecting that he is totally or partially disabled within the meaning of this scheme as a result of pneumoconiosis or byssinosis or, where he has previously been awarded an allowance in respect of partial disablement and claims that he has become totally disabled, that he is totally disabled.

(3) For the purposes of determining whethere there is reasonable cause for suspecting that the claimant is totally or partially disabled by pneumoconiosis, the Secretary of State shall have power, in any case where he considers necessary, to obtain a radiological report on the case.

Section 6

In article 14 (issue of certificate by medical board)—

(a) for the heading “ Issue of certificate by medical board " there shall be substituted the following heading: “ Provision of a report by a medical practitioner ” ;

(b) in paragraph (1) for the words—

(i) “the medical board" in the first place where they occur, there shall be substituted the words “ a medical practitioner ” ;

(ii) “the medical board" in the second place where they occur, there shall be substituted the words “ the medical practitioner ” ;

(iii) “give a certificate" there shall be substituted the words “ provide a report ” ;

(c) for paragraph (2) there shall be substituted the following paragraph—

(2) For the purposes of the last foregoing paragraph of this article, in the case of a claimant disabled as a result of byssinosis, the medical practitioner shall not make a report as provided in this paragraph unless satisfied that the disablement is likely to be permanent, in which event he shall include in his report a statement to that effect, together with his opinion as to the degree of disablement;

(d) for paragraph (3) substitute the following paragraph—

(3) The medical practitioner may provide a report in accordance with the provisions of paragraph (1) without examining the claimant, if satisfied that such examination can be dispensed with, having regard to any medical reports available as a result of any previous medical examination of the claimant carried out by a medical board or a specially qualified medical practitioner or a medical practitioner, whether in accordance with this scheme or otherwise, or if the claimant has died after having claimed the allowance but before having been examined by a medical board or a medical practitioner on the reference under article 13(1).

(e) in paragraph (4)—

(i) for the word “certificate" there shall be substituted the word “ report ” ; and

(ii) for the words “the medical board", in both places where they appear, there shall be substituted the words “ the medical practitioner ” ;

(f) in paragraph (5) for the words—

(i) “adjudication officer" there shall be substituted the words “ Secretary of State ” ; and

(ii) “the medical board, who shall determine the question and shall give a certificate accordingly" there shall be substituted the words “ a medical practitioner who shall provide a report to the Secretary of State ” ;

(g) paragraph (6) shall be omitted;

(h) for paragraph (7) there shall be substituted the following paragraph—

(7) A decision of the Secretary of State following the provision of a report provided under paragraph (5) stating that the deceased did not suffer from pneumoconiosis, or from pneumoconiosis accompanied by tuberculosis, may, to the extent mentioned in that paragraph, be revised by the Secretary of State.

Section 7

In article 16 (obligation to undergo medical examination)—

(a) in paragraph (1) for the words “medical authority (as defined in paragraph (4))" there shall be substituted the words “ medical practitioner ” ;

(b) in paragraph (2) for the words “medical board" there shall be substituted the words “ medical practitioner ” ;

(c) paragraph (4) shall be omitted.

Section 8

For article 26 there shall be substituted the following article—

Review of decisions of the Administrative Board

(26)

(1) The Secretary of State may at any time and from time to time revise or supersede any decision given by the Administrative Board under provisions of the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966 in force immediately before 1st July 1977, if—

(a) the decision was erroneous in view of new facts which have been brought to his notice since the date on which the decision was given or by reason of some mistake being made with respect to the facts or the law; or

(b) there has been any relevant change of circumstances since the decision was given.

(2) A decision of the Administrative Board may be revised or superseded by the Secretary of State on his own initiative or by application in writing to him for the purpose.

(3) Where it appears to the Secretary of State that an issue has arisen whether the decision as to an award of an allowance to which this article relates ought to be revised or superseded in accordance with the provisions of paragraph (1), he may decide that payment of the allowance shall be suspended in whole or in part until that issue has been determined.

(4) Repayment of sums by way of an allowance in pursuance of the original decision shall not be required under this article in any case where it is shown to the satisfaction of the Secretary of State that in the obtaining and receipt of the benefit the beneficiary, and any person acting for him, has throughout used due care and diligence to avoid overpayment.

(5) For the purposes of this article a decision given under any scheme made under the Industrial Diseases (Benefit) Acts shall be treated as if it had been a decision given under the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966 as in force immediately before 1st July 1977.

(6) On a revision or supersession of a decision given by the Administrative Board under any scheme made under the Industrial Diseases (Benefit) Acts in force before 1st March 1966 the Secretary of State may determine any issue referred to him arising under the scheme

Section 9

For Schedule 3 there shall be substituted the following Schedule—

PROVISIONS OF THE 1998 ACT OR REGULATIONS APPLICABLE (WITH THE NECESSARY MODIFICATIONS) TO THIS SCHEME

Section 1

In regulation 1(2) (citation, commencement and interpretation)—

(a) after the definition of “the Act" there shall be inserted the following definition—

“the 1998 Act" means the Social Security Act 1998;

(b) the definitions of “adjudicating medical authority", “special medical board" and “specially qualified adjudicating medical practitioner" shall be omitted;

(c) after the definition of “medical board" there shall be inserted the following definition—

“medical practitioner" means a medical practitioner who has experience in the issues specified in regulation 12(1) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999;

Section 2

In regulation 6(1)(a) (date of onset) the words “subject to the provisions of section 117(4), as modified by paragraph 1 of Schedule 3 to the Adjudication Regulations," shall be omitted.

Section 3

In regulation 8(4) (workmen’s compensation cases) for the word—

(a) “question" (in both places) there shall be substituted the word “ issue ” ;

(b) “reviewed" there shall be substituted the words “ revised or superseded ” ;

(c) “review" there shall be substituted the words “ revision or supersession ” .

Section 4

In regulation 9 (re-employment of pneumoconiotics and special provisions for benefit (workmen’s compensation cases))—

(a) in paragraph (1) for the words “special medical board or a specially qualified adjudicating medical practitioner" there shall be substituted the words “ medical practitioner ” ;

(b) in paragraph (2)—

(i) for sub-paragraph (a) there shall be substituted the following sub-paragraph—

(a) A medical practitioner shall provide a report to the Secretary of State to enable him to determine at what degree the extent of disablement resulting from pneumoconiosis should be assessed in his case.

(ii) in sub-paragraph (b) for the words “a specially qualified adjudicating medical practitioner, a special medical board or a medical appeal tribunal" there shall be substituted the words “ the Secretary of State or an appeal tribunal ” ;

(iii) in sub-paragraph (c) for the words “to the extent certified in the decision of the specially qualified adjudicating medical practitioner, the special medical board or medical appeal tribunal given under sub-paragraph (a) of this paragraph" there shall be substituted the words “ to the extent decided by the Secretary of State or an appeal tribunal ” .

Section 5

In regulation 13 (benefit not payable in cases covered by the Industrial Injuries and Diseases (Old Cases) Act 1975) for the words “reversed on review" there shall be substituted the words “ revised or superseded so as to terminate entitlement ” .

Section 6

In regulation 15A (aggregation of percentages of disablement) for the words “Adjudication Officer" there shall be substituted the words “ Secretary of State ” .

Section 7

In regulation 20(1B)(a) (special conditions for disablement benefit for pneumoconiosis, byssinosis and diffuse mesothelioma) for the words “on a reassessment or review of the extent of disablement" there shall be substituted the words “ on a reassessment of the extent of disablement or in consequence of an application for revision or supersession ” .

Section 8

In regulation 22 (pneumoconiosis—effects of emphysema and chronic bronchitis)—

(a) in paragraph (2)(a), for the words from “that question" to the end of the sub-paragraph there shall be substituted the words “ that issue shall be determined by the Secretary of State ” ;

(b) in paragraph (2)(b) for the words—

(i) “adjudicating medical authority or medical appeal tribunal, as the case may be" there shall be substituted the words “ Secretary of State or, as the case may be, appeal tribunal ” , and

(ii) for the word “question" there shall be substituted the word “ issue ” .

Section 9

In regulation 23 (reduced earnings allowance—special provision for pneumoconiosis cases) for the words “a special medical board or a specially qualified adjudicating medical practitioner" there shall be substituted the words “ the Secretary of State ” .

Section 10

For regulation 24 (special requirement for pneumoconiosis claimants in unscheduled occupation cases) there shall be substituted the following regulation—

Special requirement for pneumoconiosis claimants in unscheduled occupation cases

(24)

(1) A claim for disablement benefit in respect of pneumoconiosis by a person in relation to whom the disease is prescribed by virtue of regulation 2(b)(ii) shall be referred by the Secretary of State to a medical practitioner for a report, unless the Secretary of State is satisfied on reasonable grounds that the claimant is not suffering or has not suffered from pneumoconiosis, in which case he may decide the claim without such a report.

(2) The provisions of paragraph (1) of this regulation shall apply to an appeal tribunal and a Commissioner as they apply to the Secretary of State.

Section 11

In regulation 25 (time for claiming benefit in respect of occupational deafness) in paragraph (2)(d)(ii) after the words “a medical board or a medical appeal tribunal" there shall be inserted the words “ or as the case may be the Secretary of State or an appeal tribunal. ”

Section 12

In regulation 27 (further claims in respect of occupational deafness)—

in paragraph (1)(b) and (c) for the words “an adjudicating medical authority" there shall be substituted the words “ the Secretary of State or an appeal tribunal ” ;

for paragraph (2) there shall be substituted the following paragraph—

(2) A claim to be paid benefit by virtue of paragraph (1)(c) may be disallowed by the Secretary of State, an appeal tribunal or a Commissioner (“the determining authority") without reference to a medical practitioner where the determining authority is satisfied by medical evidence that the claimant is not suffering from occupational deafness.

Section 13

For regulation 30 (review of assessment for unforeseen aggravation in respect of occupational deafness) there shall be substituted the following regulation—

Supersession of a decision in respect of occupational deafness

(30)

(1) The provisions of regulation 6 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall not apply to a decision of the Secretary of State in respect of occupational deafness until after the expiry of 5 years from the date of commencement of the period taken into account by that decision.

(2) The provisions of regulation 6 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall not apply to an assessment of the extent of disablement in respect of occupational deafness which is less than 20 per cent.

Section 14

For regulation 31 (leave of medical appeal tribunal to review assessment in certain cases), there shall be substituted the following regulation—

Requirement for leave of appeal tribunal

(31) Subject to the provisions of regulation 30 and notwithstanding the provisions of regulation 6 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, a decision of a medical board, medical appeal tribunal, the Secretary of State or an appeal tribunal that a person is entitled to a life assessment in respect of occupational deafness, shall not be revised or superseded without leave of an appeal tribunal; but in the case of a provisional assessment in respect of occupational deafness no such leave shall be required.

Section 15

For regulation 32 (no appeal against initial provisional assessment of disablement in respect of occupational deafness) there shall be substituted the following regulation—

No appeal against a decision of disablement in respect of occupational deafness

(32) No appeal shall lie against an initial provisional assessment of the extent of disablement in respect of occupational deafness.

Section 16

In regulation 34 (assessment of extent of disablement and rate of disablement benefit payable in respect of occupational deafness)—

(a) in paragraph (7)(a) and (b) for the words “reviewed or varied" there shall be substituted the words “ revised or superseded ” ;

(b) in paragraph (7)(b)(ii) for the words “review or variation" there shall be substituted the words “ revision or supersession ” .

Section 17

In regulation 35 (commencement date of period of assessment in respect of occupational deafness) the words “the provisions of section 108 and" shall be omitted.

Section 18

In regulation 40(2) (conditions of suspension) for the words “A special medical board or specially qualified adjudicating medical practitioner" there shall be substituted the words “ The Secretary of State ” .

Section 50

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