Social Security Act 1986

Subordinate legislation U.K.

61 Consultations on subordinate legislation. U.K.

(1) Nothing in any enactment shall require any proposals in respect of regulations to be referred to . . . F1 the Board if—

(a) it appears to the Secretary of State that by reason of the urgency of the matter it is inexpedient so to refer them; or

(b) the relevant advisory body have agreed that they shall not be referred.

(2) Where by virtue only of subsection (1)(a) above the Secretary of State makes regulations without proposals in respect of them having been referred, then, unless the relevant advisory body agree that this subsection shall not apply, he shall refer the regulations to that body as soon as practicable after making them.

[F2 (3) Where the Secretary of State has referred proposals to . . . F1 the Board, he may make the proposed regulations before they have made their report, . . . F1 only if after the reference it appears to him that by reason of the urgency of the matter it is expedient to do so.]

(4) Where by virtue of this section regulations are made before a report of the . . . F1 Board has been made, the . . . F1 Board shall consider them and make a report to the Secretary of State containing such recommendations with regard to the regulations as the . . . F1 Board think appropriate; and a copy of any report made to the Secretary of State on the regulations shall be laid by him before each House of Parliament together, if the report contains recommendations, with a statement of the extent (if any) to which the Secretary of State proposes to give effect to the recommendations and, in so far as he does not propose to give effect to them, his reasons why not.

[F3 (5) Except to the extent that this subsection is excluded by any enactment passed after this Act, nothing in any enactment shall require the reference to . . . F1 the Board of any regulations contained in either—

(a) a statutory instrument made before the end of the period of 6 months beginning with the coming into force of the enactment under which those regulations are made; or

(b) a statutory instrument which—

(i) which states that it contains only regulations made by virtue of, or consequential upon, a specified enactment, and

(ii) which is made before the end of the period of 6 months beginning with the coming into force of that specified enactment.]

(6) Nothing in any enactment shall require the reference to the Committee, the Council or the Board of regulations made by virtue of an enactment contained in an Act passed after this Act, if they are—

(a) contained in a statutory instrument made before the end of the period of 6 months from the commencement of the enactment under which it is made; or

(b) contained in a statutory instrument which—

(i) states that it contains only provisions consequential on a specified enactment or such provisions and regulations made under that enactment; and

(ii) is made before the end of the period of 6 months from the commencement of that enactment,

unless the Act containing the enactment by virtue of which the regulations are made excludes this subsection in respect of the regulations.

(7)—(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(10) In this section—

• “the Board” means the Occupational Pensions Board;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• [F4 “regulations” means regulations under this Act or under any other enactment, whenever passed.]

Textual Amendments

F1 The following sections and schedules are repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation: Ss. 18–29, 30(1)–(9)(11), 31–36, 37(1), 38, 40–51, 52(3)–(10), 53, 54(2), 55; words in s. 56(2)(a); ss. 56(2)(b)(3)(b)(4)–(4B), 58; words in s. 61(1)(3)–(5); s. 61(7)–(9); words in s. 61(10); ss. 62–69, 70(1), 73, 74, 79(3)(4); words in s. 80(1); ss. 81, 83(2)(3)(b)–(e); words in s. 83(5); words in s. 84(1); ss. 84(3), 85(1)(a)–(c)(f)(3)(c)(d)(4); words in s. 85(5); s. 85(7); words in s. 85(8)(9)–(12); Sch. 3 except para. 17; Sch.4; Sch. 5 paras 2–20 and Pt. II paras (b)(c); Sch. 6; Sch. 7; Sch. 8 paras 1–3, 5–7; Sch. 10 paras 10, 34, 40, 48, 54, 62–67, 68(2), 69, 70, 72, 74, 77, 83–88, 90–92, 95, 97–100, 103(a)(b), 104–107, 108(a)

F2 S. 61(3) substituted (1.10.1989) by Social Security Act 1989 (c. 24), Sch. 7, para. 27

F3 S. 61(5) substituted (21.7.1989) for subsections (5)(6) by Social Security Act 1989 (c. 24), Sch. 8, para. 12(3)

F4 Definition added (21.7.1989) by Social Security Act 1989 (c. 24), Sch. 8, para. 12(4)

Modifications etc. (not altering text)

C1 Pt. VI (ss. 51-65) power to amend conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 Pt. II para. 22(3)(4)(b), (with savings in Sch. 3).

62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W+S

Textual Amendments

F5 The following sections and schedules are repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation: Ss. 18–29, 30(1)–(9)(11), 31–36, 37(1), 38, 40–51, 52(3)–(10), 53, 54(2), 55; words in s. 56(2)(a); ss. 56(2)(b)(3)(b)(4)–(4B), 58; words in s. 61(1)(3)–(5); s. 61(7)–(9); words in s. 61(10); ss. 62–69, 70(1), 73, 74, 79(3)(4); words in s. 80(1); ss. 81, 83(2)(3)(b)–(e); words in s. 83(5); words in s. 84(1); ss. 84(3), 85(1)(a)–(c)(f)(3)(c)(d)(4); words in s. 85(5); s. 85(7); words in s. 85(8)(9)–(12); Sch. 3 except para. 17; Sch.4; Sch. 5 paras 2–20 and Pt. II paras (b)(c); Sch. 6; Sch. 7; Sch. 8 paras 1–3, 5–7; Sch. 10 paras 10, 34, 40, 48, 54, 62–67, 68(2), 69, 70, 72, 74, 77, 83–88, 90–92, 95, 97–100, 103(a)(b), 104–107, 108(a)