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The Social Security Contributions (Transfer of Functions, etc.) (1999 Order) (Commencement No. 1 and Transitional Provisions) Order (Northern Ireland) 1999

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Statutory Rules of Northern Ireland

1999 No. 149 (C. 15)

SOCIAL SECURITY

The Social Security Contributions (Transfer of Functions, etc.) (1999 Order) (Commencement No. 1 and Transitional Provisions) Order (Northern Ireland) 1999

Made

25th March 1999

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by Article 1(3) and (4) of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999(1) and of all other powers enabling it in that behalf, hereby makes the following Order:

Citation and interpretation

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

(2) In this Order—

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

“transfer provision” has the meaning given by Article 20(1) of the Transfer Order.

Appointed day

2.  Subject to Articles 3 to 6 of this Order, the day appointed for the coming into force of—

(a)the provisions of Article 22 of the Transfer Order (transfer of persons to Inland Revenue), is 26th March 1999;

(b)the provisions of the Transfer Order which are specified in Schedule 1 to this Order, for purposes connected with the making of regulations under or in consequence of provisions of the Transfer Order, is 26th March 1999;

(c)the provisions of the Transfer Order which are specified in Schedule 2 to this Order, in so far as they are not already in force, is 1st April 1999;

(d)the provisions of the Transfer Order which are specified in Schedule 3 to this Order, in so far as they are not already in force, is 6th April 1999.

Regulations under Schedule 1 to the Contributions and Benefits Act

3.—(1) Any regulations made under paragraph 6 of Schedule 1 to the Contributions and Benefits Act (power to combine collection of contributions with tax) before 1st April 1999 shall—

(a)to the extent that they are made by virtue of sub-paragraph (5)(2) of that paragraph, be treated on and after that date as made under that sub-paragraph with the concurrence of the Board, and

(b)to the extent that they are not made by virtue of that sub-paragraph, shall be treated on and after that date as made under sub-paragraph (1)(3) of that paragraph.

(2) Any regulations made under paragraph 8(1) of Schedule 1 to the Contributions and Benefits Act (general regulation-making powers) before 1st April 1999 shall—

(a)to the extent that they are made by virtue of head (d) of that paragraph, or are made by virtue of head (q) of that paragraph and relate to the matter referred to in the said head (d), shall be treated on and after that date as made by the Department, and

(b)to the extent that they are not so made, shall be treated on and after that date as made by the Treasury.

Decisions and appeals

4.—(1) Subject to paragraph (2) of this Article, where—

(a)a person has before 1st April 1999 applied—

(i)in accordance with regulations made under section 56(4) of the Administration Act for the determination by the Department of any such question as is mentioned in section 15(1)(5) of the Administration Act, or

(ii)in accordance with regulations under paragraph (b) of subsection (3) of section 18 of the Administration Act for the determination by an adjudication officer of any question mentioned in that subsection, and

(b)that question has not been determined before that date,

the question shall on or after that date be treated in accordance with paragraph (3) of this Article as being for the decision of an officer of the Board under Article 7(1) of the Transfer Order.

(2) Paragraph (1) of this Article—

(a)shall apply in relation to any such question as is mentioned in paragraph (b) of section 15(1) of the Administration Act only in so far as that question raises an issue of a kind specified in paragraph (c), (d) or (e) of Article 7(1) of the Transfer Order, and

(b)shall not apply in relation to any such question as is mentioned in paragraph (e) or (f) of that section.

(3) A question to which paragraph (1) of this Article applies—

(a)by virtue only of paragraph (2)(a) of this Article, shall be treated as falling to be decided under paragraph (c), (d) or, as the case may be, (e) of Article 7(1) of the Transfer Order;

(b)in any other case, shall be treated as falling to be decided under such provision of the Transfer Order as is specified in column (2) of the following Table in relation to the provision of the Administration Act (specified in column (1) of that Table) in which that question is mentioned.

TABLE

Column (1)Column (2)
Provision of Administration ActProvision of Transfer Order
Section 15(1)(a)Article 7(1)(a)
Section 15(1)(c)Article 7(1)(c)
Section 15(1)(d)Article 7(1)(b)
Section 15(1)(g)(i) or (vi)Article 7(1)(f)
Section 15(1)(g)(ii) to (v)Article 7(1)(g)
Section 15(1)(h)(i) or (v)Article 7(1)(f)
Section 15(1)(h)(ii) to (iv)Article 7(1)(g)
Section 15(1)(i)Article 7(1)(i)
Section 18(3)Article 7(1)(f)

(4) Where, by virtue of paragraph (1)(a)(i) of this Article, a question falls to be decided by an officer of the Board, that question shall until the relevant date be treated for the purposes of paragraphs (2)(b) and (3)(c)(ii) of Regulation 28D of Schedule 1 to the Social Security (Contributions) Regulations (Northern Ireland) 1979(6) (remission of interest) as if it were a question for determination under section 15(1) of the Administration Act.

(5) In paragraph (4) of this Article, “the relevant date” means the date on which—

(a)the question is determined by the officer of the Board, or

(b)those provisions of that Regulation cease to be in operation,

whichever first occurs.

(6) Notwithstanding paragraph 1(2) of Schedule 7 to the Transfer Order (which provides for certain determinations made by the Department to have effect as if made by the Board), Part III of the Transfer Order shall not apply with respect to any decision given before 1st April 1999—

(a)by the Department on any such question as is mentioned in section 15(1) of the Administration Act;

(b)by the Department of any such question as is mentioned in section 165(1) of the Pension Schemes (Northern Ireland) Act 1993(7) (which includes such a question among the questions to which section 15(1) of the Administration Act applies), or

(c)by an adjudication officer of the question mentioned in section 18(3) of the Administration Act.

(7) Where, before 1st April 1999, the Department has determined a question to which section 165(7) of the Pension Schemes (Northern Ireland) Act 1993 (certain questions arising under Part III of that Act) applies, that determination shall, on and after that date, be treated for the purposes of the Occupational and Personal Pension Schemes (Contracting-out etc: Review of Determinations) Regulations (Northern Ireland) 1997(8) as if it had been made by the Board.

Accounts of the Northern Ireland National Insurance Fund

5.  Notwithstanding the coming into force of paragraph 44 of Schedule 3 to the Transfer Order (which provides for the Northern Ireland National Insurance Fund to be maintained under the control and management of the Board, and for its accounts to be prepared by them), the accounts of the Northern Ireland National Insurance Fund in relation to the year ending on 31st March 1999 shall be prepared by the Department in accordance with section 141(2) of the Administration Act as in force prior to its amendment by that paragraph.

Complaints to the Parliamentary Commissioner for Administration

6.  A complaint made in relation to the Department under the Ombudsman (Northern Ireland) Order 1996(9) (which on or before 31st March 1999 would have been made to the Parliamentary Ombudsman for Northern Ireland) shall, on or after 1st April 1999, in so far as it relates to any function transferred by virtue of a transfer provision to the Board or the Secretary of State, be treated on and after that date as if it were a complaint made under the Parliamentary Commissioner Act 1967(10) to the Parliamentary Commissioner for Administration in relation to the Board or the Secretary of State.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

John O'Neill

Assistant Secretary

25th March 1999.

Article 2(b)

SCHEDULE 1Provisions coming into force on 26th March 1999 for purposes connected with the making of regulations

Provisions of Transfer OrderSubject Matter
Article 8Regulations with respect to decisions
Article 9Decisions varying or superseding earlier decisions
Article 10Appeals against decisions of Board
Article 11Exercise of right of appeal
Article 12Regulations with respect to appeals
Article 13Matters arising as respects decisions
Article 17 and Schedule 6, in so far as they relate to paragraphs 1 and 4 to 8 of that ScheduleAmendments relating to decisions and appeals
Article 18Interpretation of Part III
Article 24(2) and Schedule 8, in so far as they relate to paragraphs 2 to 5 of that ScheduleFurther consequential amendments of provisions concerned with Class 1B contributions, and certain penalties and interest payable in connection with contributions

Article 2(c)

SCHEDULE 2Provisions coming into force on 1st April 1999

Provisions of Transfer OrderSubject Matter
Article 3(1) and Schedule 1Transfer to Board or Secretary of State of certain functions relating to contributions etc.
Article 3(2) and Schedule 2, except in relation to functions which are, by virtue of Article 4 of the Pensions (1995 Order) (Commencement No. 8) Order (Northern Ireland) 1997(11), exercisable under regulation 19(2)(b) of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1985(12)Transfer to Board of certain functions under subordinate legislation
Article 4 and Schedule 3Transfer of other functions to Treasury, Board or Secretary of State
Article 5 and Schedule 4, except in relation to paragraphs 5 and 7 of that SchedulePowers relating to enforcement
Article 6 and Schedule 5Disclosure of information
Article 7, except in relation to paragraph (1)(h) and (j) to (l)Decisions by officers of Board
Articles 8 and 9Regulations with respect to decisions, and decisions varying or superseding earlier decisions
Article 10(1) to (3)Appeals against decisions of Board
Article 11, except for the words from “section 115C” to “and to” in paragraph (4)Exercise of right of appeal
Articles 12 to 14Regulations with respect to appeals, matters arising as respects decisions, and provision for period before commencement of new social security appeal provisions
Article 17 and Schedule 6, in so far as they relate to paragraphs 1, 2, 4 to 6, 10, 11, 12 (except in relation to sub-paragraph (3)), 15 to 17, 19 to 21, 23 to 26 and 29 of that Schedule, and paragraph 30 of that Schedule in so far as it relates to paragraph 23 of Schedule 3 to the Social Security (Northern Ireland) Order 1998(13)Amendments relating to decisions and appeals
Article 18Interpretation of Part III
Article 19Certain payments to be made out of National Insurance Fund
Article 21Special provision for certain contracts
Article 24(2) and Schedule 8Further consequential amendments
Article 24(3) and Schedule 9, except in respect of the repeals in section 112 of the Administration Act, in section 163(3) of the Pension Schemes (Northern Ireland) Act 1993 and in Articles 16 and 58 of, and paragraph 23 of Schedule 3 and paragraphs 98 and 100 of Schedule 6 to, the Social Security (Northern Ireland) Order 1998Repeals and revocations

Article 2(d)

SCHEDULE 3Provisions coming into force on 6th April 1999

Provisions of Transfer OrderSubject Matter
Article 5 and Schedule 4, in so far as they relate to paragraphs 5 and 7 of that SchedulePowers relating to enforcement —breach of regulations, and evidence of non-payment of contributions
Article 7(1)(h) and (j) to (l)Decisions by officers of Board — liability of company directors for contributions, and to certain penalties and interest
Article 10(4)Appeals against decisions of Board — liability of company directors for contributions
Article 11(4), in so far as it relates to section 115C of the Administration Act directors for contributionsExercise of right of appeal in connection with liability of company
Article 17 and Schedule 6, in so far as they relate to paragraphs 7 and 8 of that ScheduleDecisions and appeals
Article 24(3) and Schedule 9, in so far as they relate to repeals in section 112 of the Administration Act and Article 58 of the Social Security (Northern Ireland) Order 1998Repeals

Explanatory Note

(This note is not part of the Order.)

This Order provides for the coming into force of provisions of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (“the Transfer Order”).

In accordance with Article 2 of this Order, the provisions of Article 22 of the Transfer Order come into force on 26th March 1999, the provisions of the Transfer Order specified in Schedule 1 to this Order also come into force on 26th March 1999 for purposes connected with the making of regulations, the provisions specified in Schedule 2 to this Order come into force on 1st April 1999 and the provisions specified in Schedule 3 to this Order (which apply in relation to provisions of the Social Security (Northern Ireland) Order 1998 which are to come into force on 6th April 1999) come into force on 6th April 1999.

This Order also makes transitional provision, in connection with the coming into force of provisions of the Transfer Order, in relation to regulations made under paragraphs 6 and 8 of Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) (Article 3), as to decisions and appeals relating to contributions, statutory sick pay, statutory maternity pay and certain matters arising under Part III of the Pension Schemes (Northern Ireland) Act 1993 (Article 4), as to the preparation of accounts of the Northern Ireland National Insurance Fund (Article 5) and as to complaints to the Parliamentary Commissioner for Administration which were previously made to the Parliamentary Ombudsman for Northern Ireland (Article 6).

Article 23 of the Transfer Order is brought into force on 25th March 1999 by an Order (The Social Security Contributions (Transfer of Functions, etc.) (1999 Order) (Commencement of Article 23) Order (Northern Ireland) 1999) which was not made by a statutory rule and copies of which can be obtained from the Department of Health and Social Services for Northern Ireland, Social Security Policy and Legislation Division, Room D3, Castle Buildings, Stormont, Belfast BT4 3SQ.

(1)

S.I. 1999/671

(2)

Sub-paragraph (5) was amended by S.R. 1995 No. 69

(3)

Sub-paragraph (1) was amended by paragraph 58(8) of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

(4)

Section 56 was amended by paragraph 27 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and paragraph 8 of Schedule 1 to the Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921 (N.I. 18))

(5)

Section 15(1) was amended by paragraph 24 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 and S.R. 1995 No. 69

(6)

S.R. 1979 No. 186; Regulation 28D was inserted by S.R. 1993 No. 130

(7)

1993 c. 49; section 165 was amended by paragraph 60 of Schedule 3 and Parts I and III of Schedule 5 to the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

(12)

S.R. 1985 No. 259; regulation 19(2) was amended by S.R. 1985 No. 355

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