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National Insurance Act 1974

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This is the original version (as it was originally enacted).

Schedule 5Commencement and transitional provisions

Commencement of this Act

1(1)Section 8(1), (2) and (4) of this Act and this paragraph shall come into force on the passing of this Act.

(2)Subject to sub-paragraph (1) above, the provisions of this Act shall not come into force until such date or dates as the Secretary of State may by order appoint for those provisions or any of them.

(3)Different days may be appointed under this paragraph for different purposes of the relevant provisions (that is to say, the provisions to which sub-paragraph (2) above applies) or for the same purposes in relation to different cases or classes of case ; and if that is done, or if different days are appointed for different provisions, then

(a)an order under this paragraph may contain such incidental or supplemental provisions as appear to the Secretary of State to be necessary or expedient as respects the period or any part of the period when the relevant provisions are to have a partial operation only and, in particular, may contain provisions modifying and supplementing, in relation to the period to which the order is to apply, the relevant provisions or the provisions of any Act amended by this Act; and

(b)any provision made in pursuance of paragraph (a) above may be varied or revoked by a subsequent order of the Secretary of State.

(4)Section 107(4) of the Insurance Act (which provides for orders under that Act to be subject to annulment in pursuance of a resolution of either House of Parliament) shall not apply to any order under this paragraph, but a statutory instrument containing any such order shall be laid before Parliament after being made.

Regulations etc.: temporary exclusion of certain requirements

2(1)Section 108 of the Insurance Act (which requires a preliminary draft of regulations to be submitted to the National Insurance Advisory Committee before the regulations are made or, in certain cases, before a draft is laid before Parliament) and section 62(2) of the Industrial Injuries Act (which requires a proposal to make regulations to be referred to the Industrial Injuries Advisory Council for consideration and advice) shall not apply to regulations made, or to a draft of regulations laid, before the expiration of six months beginning with the date of the passing of this Act if the instrument containing the regulations or, as the case may be, the draft states that the regulations contain no provisions other than such as—

(a)are made in consequence of this Act; or

(b)operate with reference to the amount of a person's earnings and are made under one or more of the following provisions (which relate to the classification of insured persons or the liability to contributions), that is to say—

(i)sections 1(3) and 8(5) of the Insurance Act, and

(ii)section 3(3)(b) of the Industrial Injuries Act.

(2)The following enactments, that is to say—

(a)section 107(1) of the Insurance Act; and

(b)section 85(4) of the Industrial Injuries Act; and

(c)section 4(8)(a) of the Old Cases Act,

shall not require a draft of any regulations, order or scheme to be laid before Parliament or approved by resolution of either House before the making of the regulations, order or scheme if the regulations, order or scheme are or is made before the expiration of six months beginning with the date of the passing of this Act and if the instrument containing the regulations, order or scheme states that they or it are or is made in consequence of this Act; but where any of those enactments would otherwise so require, the instrument containing the regulations, order or scheme shall instead be subject to annulment in pursuance of a resolution of either House of Parliament.

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