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Part VFinance, Administration and Legal Proceedings

Finance

83National Insurance Fund

(1)The National Insurance Fund shall continue to be maintained under the control and management of the Minister, and—

(a)there shall be paid into that Fund all contributions payable under this Act by employers and insured persons and out of moneys provided by Parliament;

(b)there shall be paid out of that Fund—

(i)all claims for benefit;

(ii)any sums payable by virtue of paragraph 19(b) of Schedule 11 to this Act;

(iii)such sums as are necessary to make good to the Industrial Injuries Fund or the Treasury, as the case may be, the amount by which any payments to be made out of the National Insurance Fund are reduced by reference to sums borne by the Industrial Injuries Fund or by moneys provided by Parliament, as the case may be, by virtue of Schedule 7 to this Act;

(iv)any sums payable out of the National Insurance Fund by virtue of section 13(2) of the National Assistance Act 1948, section 3(6), 5(2) or 11(2) of the Employment and Training Act 1948 or section 8(5) of the Agriculture (Miscellaneous Provisions) Act 1949;

(c)there shall be included among the liabilities of the National Insurance Fund any liabilities to which the assets transferred to that Fund or the National Insurance (Reserve) Fund in pursuance of section 66 of the Act of 1946 would have been applicable but for that Act.

(2)Where, under any enactment or otherwise, payments fall to be made by way of adjustment between the National Insurance Fund and the Industrial Injuries Fund, then, in such cases or classes of case as the Minister may with the consent of the Treasury determine, the amount due from either of those Funds to the other shall be taken to be such as may be so determined and payments on account thereof shall be made at such times and in such manner as the Minister may with the like consent direct.

(3)Where in the opinion of the Minister any of the assets referred to in subsection (1)(c) of this section which for the time being form part of the assets of the National Insurance Fund are unsuitable for retention as assets of that Fund, they may be sold or otherwise disposed of in such manner as the Minister may, with the approval of the Treasury, determine.

(4)Accounts of the National Insurance Fund shall be prepared in such form, in such manner and at such times as the Treasury may direct, and the Comptroller and Auditor General shall examine and certify every such account and shall lay copies thereof, together with his report thereon, before Parliament.

(5)Any moneys forming part of the National Insurance Fund may from time to time be paid over to the National Debt Commissioners and by them invested, in accordance with such directions as may be given by the Treasury, in any securities which are for the time being authorised by Parliament as investments for savings banks funds.

(6)The National Debt Commissioners shall present to Parliament annually an account of the securities in which moneys forming part of the National Insurance Fund are for the time being invested.

84National Insurance (Reserve) Fund

(1)The National Insurance (Reserve) Fund shall continue to be maintained under the control and management of the Minister as a reserve for the National Insurance Fund.

(2)Section 83(3) to (6) of this Act shall apply to the National Insurance (Reserve) Fund as they apply to the National Insurance Fund.

(3)Any sums determined by the Treasury to be income of the National Insurance (Reserve) Fund shall be paid into the National Insurance Fund.

(4)Subject to the foregoing provisions of this section, a payment out of the National Insurance (Reserve) Fund shall not be made otherwise than under the authority of a resolution of the Commons House of Parliament and shall be made subject to such conditions as to repayment or otherwise as may be specified in the resolution.

(5)There may be transferred from time to time from the National Insurance Fund to the National Insurance (Reserve) Fund such assets as the Minister, with the approval of the Treasury, may determine.

85Expenses of Minister and other government departments

(1)Without prejudice to subsection (4) of this section, any expenses incurred by the Minister or any other government department (except the Postmaster General) in carrying this Act into effect, including—

(a)such part of the sums referred to in subsection (2) of this section as is attributable to the execution of this Act;

(b)expenses in connection with any inquiry undertaken on behalf of the Minister with a view to obtaining statistics relating to the operation of this Act; and

(c)any expenses which under section 9(2) of the Friendly Societies Act 1955 are to be treated as expenses incurred in carrying this Act into effect,

shall, unless required by or under some provision of this Act to be paid and borne in some other manner, be paid out of moneys provided by Parliament.

(2)The Minister shall from time to time pay to the Postmaster General as part of the expenses of the Minister in carrying into effect the following enactments respectively, that is to say—

(a)this Act;

(b)the Industrial Injuries Act;

(c)the Family Allowances Act;

(d)section 89 of the Industrial Injuries Act of 1946 ;

(e)the Workmen's Compensation (Supplementation) Act 1951;

(f)the Industrial Diseases (Benefit) Acts 1951 and 1954;

(g)the Workmen's Compensation and Benefit (Supplementation) Act 1956,

sums of such amounts as may be agreed between the Minister and the Postmaster General for work done by the Postmaster General in the execution of the said enactments; and any sums so paid shall, where necessary for the purpose of determining what part of those sums should be attributed to each respectively of those enactments, be apportioned between them in such manner as may be determined by the Minister in accordance with any directions given by the Treasury.

(3)Without prejudice to any right of recovery or retainer under this Act, any expenses of a Minister of the Crown in making under section 62 of this Act payments in lieu of contributions shall be defrayed out of moneys provided by Parliament ; and any sums recovered or retained by a Minister of the Crown in respect of any such payments shall be paid into the Exchequer.

(4)There shall be paid to the Treasury out of the National Insurance Fund, at such times and in such manner as the Treasury may direct, such sum as the Minister may estimate in accordance with subsections (5) to (7) of this section and with directions given by the Treasury to be the amount of the expenses incurred as mentioned in subsection (1) thereof.

(5)Subject to subsections (6) and (7) of this section, in estimating for the purposes of subsection (4) of this section the expenses incurred as mentioned in subsection (1) thereof there shall be included—

(a)such amount in respect of any pension benefits which will or may become payable in respect of a person's service as National Insurance Commissioner or deputy Commissioner under this Act or in respect of a person's employment as officer, inspector or servant for the purposes of this Act as in the opinion of the Treasury approximately represents the amount of the accruing liability for the sums which will become payable out of moneys provided by Parliament for those pension benefits, after taking into account that person's contributions, if any;

(b)an amount determined by the Treasury with the consent of the Minister in respect of the use of any premises belonging to the Crown and used for the purposes of this Act, regard being had in making that determination to the rental value of the premises.

(6)There shall be left out of account in estimating for the purposes of subsection (4) of this section the expenses incurred as mentioned in subsection (1) thereof—

(a)any expenses incurred by virtue of section 62 or 112 of this Act;

(b)any sums paid for pension benefits in respect of a person's service as National Insurance Commissioner or deputy Commissioner and, so far as estimated by the Minister to be attributable to the operation of section 5(2) or 8(1) to (3) of the Family Allowances Act or section 36 of the Industrial Injuries Act, the accruing liability for such pension benefits.

(7)There shall be left out of account for the purposes of subsections (1) and (4) of this section any expenses, or amounts which under subsection (5) of this section would otherwise fall to be included in estimating expenses, in so far as they are treated—

(a)under section 61(1)(b) to (d) of the Industrial Injuries Act as expenses incurred in carrying that Act into effect; or

(b)under section 16 of the Family Allowances Act as expenses incurred in the administration of that Act; or

(c)for the purposes of section 3(1) of the Health Contributions Act as attributable to the collection and application of national health service contributions.

(8)In subsection (2) of this section, the references to this Act, the Industrial Injuries Act and the Family Allowances Act shall (except so far as otherwise provided, whether expressly or by implication) respectively include references to any enactments which, under any Act passed after this Act, are included in any citation which uses the phrase " the National Insurance Acts ", " the National Insurance (Industrial Injuries) Acts " or " the Family Allowances Acts ", as the case may be; and in subsections (5)(a) and (6)(b) of this section, the expression pension benefits " includes benefits payable on retirement or death by way of lump sum or gratuity, and benefits payable in respect of a person's service or employment to other persons by way of widow's or orphan's pension or otherwise.

86Reports by Government Actuary

(1)The Government Actuary shall—

(a)review the operation of this Act during the period of five years ending with 31st March in 1969 and in every fifth year thereafter and, on each such review, make a report to the Treasury on the financial condition of the National Insurance Fund and the adequacy or otherwise of the contributions payable under this Act to support the benefits payable thereunder having regard to its liabilities under section 85(4) of this Act and any other liabilities under this Act;

(b)make an interim review of, and report to the Treasury on, the operation of this Act during the period of twelve months ending with 31st March in every year other than the year in which the period to be covered by a review and report under the foregoing paragraph ends:

Provided that the Treasury may at any time direct that the period to be covered by a review and report under paragraph (a) of this subsection shall be reduced and that the making of that and subsequent reviews and reports under that paragraph shall be accelerated accordingly, and may dispense with the making of a review and report under paragraph (b) thereof in any year.

(2)The Treasury shall lay before Parliament a copy of every report made to them under this section.

(3)Any function under this section of the Government Actuary may be performed by the Deputy Government Actuary.

87Quinquennial reviews of rates of benefits

(1)As soon as may be after a copy of any report under section 86(1)(a) of this Act is laid before Parliament, the Minister shall review the rates and amounts of benefit in relation to—

(a)the circumstances at the time of insured persons in Great Britain, including in particular the expenditure which is necessary for the preservation of health and working capacity; and

(b)any changes in those circumstances since the rates and amounts of benefits were laid down by this Act or any Act amending it and to the likelihood of future changes.

(2)On the completion of any review under this section the Minister shall lay a report thereon before Parliament.

Administration

88National Insurance Advisory Committee

(1)There shall be a committee, which shall be known as the National Insurance Advisory Committee, to give advice and assistance to the Minister in connection with the discharge of his functions under this Act and to perform any other duties allotted to them under this Act.

(2)The provisions of Schedule 8 to this Act shall have effect with respect to the constitution of the said Committee and other matters relating to the Committee.

(3)The Minister may from time to time refer to the said Committee for consideration and advice such questions relating to the operation of this Act as he thinks fit (including questions as to the advisability of amending this Act).

(4)The Minister shall furnish the said Committee with such information as they may reasonably require for the proper discharge of their functions under this Act.

89Local advisory committees

(1)Regulations may provide for the reference to local committees representing employers or insured persons or both, for consideration and advice, of questions bearing upon the administration of this Act, and for the payment by the Minister to the members of any such committee, and to persons attending its meetings at the request of the committee, of such expenses and travelling and other allowances (including compensation for loss of remunerative time) as the Minister with the consent of the Treasury may determine.

(2)The persons selected as members of any such committee may include persons put forward by organisations concerned with the interests of employers or insured persons, including friendly societies or organisations representative of friendly societies.

90Inspectors

(1)For the purposes of this Act, the Minister may appoint such inspectors as he may with the consent of the Treasury determine, and pay to them such salaries or remuneration as may be so determined.

(2)An inspector appointed under this Act, shall for the purposes of the execution of this Act, have power to do all or any of the following things, namely—

(a)to enter at all reasonable times any premises or place liable to inspection under this section;

(b)to make such examination and inquiry as may be necessary for ascertaining whether the provisions of this Act or any enactment re-enacted thereby are being or have been complied with in any such premises or place;

(c)to examine, either alone or in the presence of any other person, as he thinks fit, with respect to any matters under this Act on which he may reasonably require information, every person whom he finds in any such premises or place, or whom he has reasonable cause to believe to be or to have been an insured person, and to require every such person to be so examined;

(d)to exercise such other powers as may be necessary for carrying this Act into effect.

(3)The occupier of any premises or place liable to inspection under this section, and any person who is or has been employing any person, and the servants and agents of any such occupier or other person, and any insured person, shall furnish to an inspector all such information and produce for inspection all such documents as the inspector may reasonably require for the purpose of ascertaining whether contributions are or have been payable, or have been duly paid, by or in respect of any person, or whether benefit is or was payable to or in respect of any person.

(4)If any person—

(a)wilfully delays or obstructs an inspector in the exercise of any power under this section; or

(b)refuses or neglects to answer any question or to furnish any information or to produce any document when required so to do under this section,

he shall be liable on summary conviction to a fine not exceeding ten pounds in the case of a first offence under this subsection and not exceeding fifty pounds in the case of a second or subsequent such offence:

Provided that no one shall be required under this section to answer any questions or to give any evidence tending to incriminate himself.

(5)For the purposes of subsection (4) of this section, an offence shall be deemed not to be a first offence if the offender has previously been found guilty of an offence under section 64(4) of the Industrial Injuries Act or under section 49(4) of the Act of 1946 or section 62(4) of the Industrial Injuries Act of 1946.

(6)Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises or place for the purposes of this Act shall, if so required, produce the said certificate.

(7)The premises and places liable to inspection under this section are any premises or places where an inspector appointed under this Act has reasonable ground for supposing that any persons are employed, except that they do not include any private dwelling-house not used by or by permission of the occupier for the purposes of a trade or business.

(8)Where any premises or place are or is liable to be inspected by an inspector or officer appointed or employed by, or are or is under the control of, some other government department, the Minister may make arrangements with that department for any of the powers or duties of inspectors under this section being carried out by an inspector or officer employed by that department, and, where such an arrangement is made, such inspectors or officers shall have all the powers of an inspector under this section.

91Information as to, and proof of, age, marriage or death

(1)Regulations made by the Registrar General under section 20 of the Registration Service Act 1953 may provide for the furnishing by superintendent registrars and registrars, subject to the payment of such fee as may be prescribed by the regulations, of such information for the purposes of this Act, including copies or extracts from the registers in their custody, as may be so prescribed.

(2)Where the age, marriage or death of a person is required to be ascertained or proved for the purposes of this Act, any person shall—

(a)on presenting to the custodian of the register under the enactments relating to the registration of births, marriages and deaths, wherein particulars of the birth, marriage or death, as the case may be, of the first-mentioned person are entered, a duly completed requisition in writing in that behalf; and

(b)on payment of a fee, in the case of a birth certificate, of sixpence and, in the case of a marriage or death certificate, of one shilling,

be entitled to obtain a copy, certified under the hand of the custodian, of the entry of those particulars.

(3)Requisitions for the purposes of subsection (2) of this section shall be in such form and contain such particulars as may from time to time be specified by the Registrar General, and suitable forms thereof shall, on request, be supplied without charge by every superintendent registrar and registrar.

(4)In the application of this section to England and Wales, the expression " Registrar General" means the Registrar General for England and Wales, and the expressions " superintendent registrar" and "registrar" mean a superintendent registrar or, as the case may be, registrar for the purposes of the enactments relating to the registration of births, deaths and marriages.

(5)In the application of this section to Scotland—

(a)the expression " Registrar General " means the Registrar General of Births, Deaths and Marriages in Scotland;

(b)for the reference in subsection (1) to section 20 of the Registration Service Act 1953 there shall be substituted a reference to section 6 of the Registration of Births, Deaths and Marriages (Scotland) Act 1854;

(c)references to a superintendent registrar shall be omitted ;

(d)the expression " registrar" means a registrar for the purposes of the enactments relating to the registration of births, deaths and marriages in Scotland.

92Exemption from stamp duty

Stamp duty shall not be chargeable upon such documents used in connection with business under this Act as are specified in Schedule 9 to this Act.

Legal proceedings

93General provisions as to offences and penalties

(1)If any person—

(a)buys, sells or offers for sale, takes or gives in exchange, or pawns or takes in pawn any insurance card or any used insurance stamp; or

(b)affixes any used insurance stamp to any insurance card ; or

(c)for the purpose of obtaining any benefit or other payment under this Act, whether for himself or some other person, or for any other purpose connected with this Act—

(i)knowingly makes any false statement or false representation; or

(ii)produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

he shall be liable on summary conviction to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both.

(2)Regulations may provide for the recovery on summary conviction of monetary penalties in respect of any offence under this Act, being a contravention of or failure to comply with regulations, so, however, that such penalties shall not exceed ten pounds for each offence or, where the offence consists of continuing any such contravention or failure after conviction thereof, ten pounds together with a further ten pounds for each day on which it is so continued.

(3)Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any negligence on the part of, any director, manager, secretary or other officer of the body corporate, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(4)In this section the expression " insurance card " means any card issued under regulations for the purpose of the payment of contributions by affixing insurance stamps thereto ; and in any proceedings under subsection (1) of this section with respect to used stamps, a stamp shall be deemed to have been used if it has been affixed to an insurance card or cancelled or defaced in any way whatsoever and whether it has actually been used for the purpose of payment of a contribution or not.

(5)Nothing in this section shall be construed as preventing the Minister from recovering by means of civil proceedings any sums due to the National Insurance Fund.

94General provisions as to prosecutions

(1)Proceedings in England or Wales for an offence under this Act shall not be instituted except by or with the consent of the Minister or by an inspector or other officer authorised in that behalf by special or general directions of the Minister.

(2)Any such inspector or other officer may, although not of counsel or a solicitor, prosecute or conduct before a magistrates' court any such proceedings as aforesaid.

(3)Notwithstanding any provision in any Act prescribing the period within which summary proceedings may be commenced, proceedings for an offence under this Act may be commenced at any time within the period of three months from the date on which evidence, sufficient in the opinion of the Minister to justify a prosecution for the offence, comes to his knowledge, or within the period of twelve months after the commission of the offence, whichever period last expires.

(4)For the purposes of subsection (3) of this section, a certificate purporting to be signed by or on behalf of the Minister as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(5)In the application of subsection (3) of this section to Scotland, the reference to evidence sufficient to justify a prosecution shall be construed as a reference to evidence sufficient to justify a report to the Lord Advocate with a view to consideration of the question of prosecution.

(6)In any proceedings for an offence under this Act, the wife or husband of the accused shall be competent to give evidence, whether for or against the accused:

Provided that the wife or husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him by the accused during the marriage.

95Recovery of contributions on prosecutions under Act

(1)In any case where an employer or an insured person has been convicted of the offence under section 8(2) of this Act of failing to pay a contribution at or within the time prescribed for the purpose and the contribution remains unpaid at the date of the conviction, he shall be liable to pay to the National Insurance Fund a sum equal to the amount which he failed to pay.

(2)In any case where—

(a)an employer or an insured person is convicted of an offence under section 93(1)(b) of this Act, or of an offence under section 13 of the Stamp Duties Management Act 1891 as applied by regulations made under section 14(2)(b) of this Act, or of an offence under regulations made under this Act; and

(b)the evidence on which he is convicted shows that he, for the purpose of paying any contribution which he was liable or entitled to pay, has affixed to any insurance card any used insurance stamp within the meaning of the said section 93 ; and

(c)the contribution in respect of which the stamp was affixed remains unpaid at the date of the conviction,

he shall be. liable to pay to the National Insurance Fund a sum equal to the amount of that contribution.

(3)On any such conviction as is mentioned in subsection (1) or (2) of this section, if notice of intention to do so has been served with the summons or warrant, evidence may be given—

(a)in the case of an employer—

(i)of the failure on his part to pay at or within the time prescribed for the purpose on behalf or in respect of the same person other contributions under this Act during the two years preceding the date of the offence, or contributions under the Industrial Injuries Act on that date or during those two years; and

(ii)in the case of any such conviction as is mentioned in the said subsection (1), of the failure on his part so to pay on behalf or in respect of any other person employed by him any contributions under this Act or under the Industrial Injuries Act on that date or during those two years; and

(b)in the case of an insured person (other than an employed person), of the failure on his part so to pay other contributions as such an insured person during those two years;

and on proof of such failure the employer or the insured person shall be liable to pay to the National Insurance Fund or, as the case may require, the Industrial Injuries Fund or each such Fund, a sum equal to the total of all the contributions under this Act or, as the case may be, the Industrial Injuries Act which he is so proved to have failed to pay and which remain unpaid at the date of the conviction.

(4)Where in England or Wales an employer or an insured person charged with such an offence as is mentioned in subsection (1) or (2) of this section is convicted of that offence in his absence under section 1(2) of the Magistrates' Courts Act 1957, then if—

(a)it is proved to the satisfaction of the court, on oath or in the prescribed manner, that such a notice as is mentioned in subsection (3) of this section has been duly served specifying the other contributions in respect of which the prosecutor intends to give evidence; and

(b)the clerk of the court has received a statement in writing purporting to be made by the accused or by a solicitor acting on his behalf to the effect that if the accused is convicted in his absence of the offence charged he desires to admit failing to pay the other contributions so specified or any of them,

the said subsection (3) shall have effect as if the evidence had been given and the failure so admitted had been proved, and the court shall proceed accordingly.

(5)Where an employer or an insured person is convicted of any such offence as is mentioned in subsection (1) or (2) of this section, and an order is made under Part I of the Criminal Justice Act 1948 placing the offender on probation or discharging him absolutely or conditionally, the foregoing provisions of this section shall apply as if the conviction were deemed to be a conviction for all purposes.

(6)In England or Wales, any sum ordered to be paid to the National Insurance Fund or the Industrial Injuries Fund under this section shall be recoverable as a penalty.

(7)Any sum paid under the foregoing provisions of this section shall be treated as a payment in satisfaction of the unpaid contributions and no part of any such sum paid by an employer shall be recoverable by him from the insured person in respect of whom it is paid.

(8)If the employer, being a body corporate, fails to pay to the National Insurance Fund or the Industrial Injuries Fund any sum which the employer has been ordered to pay under this section, that sum, or such part thereof as remains unpaid, shall be a debt due to the National Insurance Fund or the Industrial Injuries Fund, as the case may be, jointly and severally from any directors of the body corporate who knew, or could reasonably be expected to have known, of the failure to pay the contribution or contributions in question.

(9)Nothing in this section shall be construed as preventing the recovery of any sums due to the National Insurance Fund or the Industrial Injuries Fund by means of civil proceedings.

(10)In this section, references to contributions include references to payments under section 58 of this Act in lieu of contributions and, except in subsections (1) and (2)—

(a)references to contributions under this Act include references to contributions or payments in lieu of contributions under the National Insurance Acts 1946 to 1964 ;

(b)references to contributions under the Industrial Injuries Act include references to contributions under the National Insurance (Industrial Injuries) Acts 1946 to 1964.

(11)In its application to Scotland, this section shall have effect as if—

(a)for the reference in subsection (3) to the summons or warrant there were substituted a reference to the complaint;

(b)for subsection (5) there were substituted the following subsection:—

(5)Where an employer or an insured person is convicted on indictment of, or is charged before a court of summary jurisdiction with, any such offence as is mentioned in subsection (1) or (2) of this section, and an order is made under Part I of the Criminal Justice (Scotland) Act 1949 discharging him absolutely or placing him on probation, the foregoing provisions of this section shall apply as if—

(a)the conviction on indictment were deemed to be a conviction for all purposes; or, as the case may be,

(b)the making of the order by the court of summary jurisdiction were a conviction.

(12)Regulations may make other provision for the recovery, on prosecutions brought under or by virtue of this Act, of such contributions as are referred to in this section, and any such regulations may vary or revoke any of the foregoing provisions of this section; and nothing in this section shall prejudice any other remedy for a failure to pay any such contribution.

96Civil proceedings to recover sums due to National Insurance Fund

(1)All sums due to the National Insurance Fund shall be recoverable as debts due to the Crown, and without prejudice to any other remedy may be recovered by the Minister summarily as a civil debt.

(2)Proceedings for the summary recovery as civil debts of sums due to the National Insurance Fund may, notwithstanding anything in any Act to the contrary, be brought at any time within three years from the time when the matter complained of arose.

(3)Proceedings for the summary recovery as civil debts of sums due to the National Insurance Fund may be instituted by an inspector or other officer authorised in that behalf by special or general directions of the Minister, and any such inspector or officer may, although not of counsel or a solicitor, conduct such proceedings.

(4)In the application of this section to Scotland—

(a)the words " summarily " and " summary " wherever they occur shall be omitted ;

(b)nothing in subsection (2) shall be construed as limiting the period within which proceedings for the recovery of any sum may be brought.

97Certain decisions to be conclusive for purposes of proceedings under Act

(1)Where in any proceedings—

(a)for an offence under this Act; or

(b)involving any question as to the payment of contributions under this Act; or

(c)involving any question as to the making under section 58 of this Act of payments in lieu of contributions; or

(d)for the recovery of any sums due to the National Insurance Fund,

any question arises such as is mentioned in section 64(1)(a) to (c) of this Act, then, unless an appeal therefrom under section 65 of this Act is pending, or the time for so appealing has not expired, or a question has been raised with a view to a review of the Minister's decision, the decision of the Minister shall be conclusive for the purpose of those proceedings.

(2)If the decision of any such question is necessary for the determination of the proceedings, and the decision of the Minister has not been obtained or a question has been raised with a view to a review of the decision obtained, the question shall be referred to the Minister for determination or review in accordance (subject to any necessary modifications) with Part IV of this Act.

(3)Where any such appeal as is mentioned in subsection (1) of this section is pending, or the time for so appealing has not expired, or where any question so mentioned has been referred to the Minister, the court dealing with the case shall adjourn the proceedings until such time as a final decision upon the question has been obtained.

(4)Regulations with respect to such questions arising in such proceedings as are mentioned in subsection (1) of this section may vary or revoke any of the foregoing provisions of this section.