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Social Security Act 1989

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This is the original version (as it was originally enacted).

General and supplementary provisions

26Pre-consolidation amendments

(1)The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified, being amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of enactments relating to social security or pensions.

(2)The amendment by that Schedule of any provision contained in any enactment by virtue of any order or regulations shall not be taken to have prejudiced any power to make further orders or regulations revoking or amending that provision.

27Application to the Crown

The provisions of section 22 above and Schedule 4 to this Act shall apply in relation to the making of a compensation payment by the Crown as they apply in relation to the making of such a payment by any other compensator, within the meaning of that section.

28Financial provisions

(1)There shall be paid out of money provided by Parliament—

(a)any expenses incurred under this Act by a Minister of the Crown; and

(b)any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

(2)There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Treasury may direct, such sums as the Secretary of State may estimate (in accordance with any directions given by the Treasury) to be the amount of the administrative expenses incurred by him under sections 1 to 4, 6, 7, 9 to 12 and 22 above, excluding any category of expenses or payments which the Treasury may direct, or any enactment may require, to be excluded from the Secretary of State’s estimates under this subsection.

(3)Any sums paid to the Secretary of State in pursuance of section 22 above shall be paid—

(a)into the Consolidated Fund, to the extent that the Secretary of State estimates that those sums relate to payments out of money provided by Parliament; and

(b)into the National Insurance Fund, to the extent that he estimates that they relate to payments out of that Fund.

(4)Any expenses of the Secretary of State in making payments under paragraph 4, 16 or 18 of Schedule 4 to this Act shall be paid—

(a)out of money provided by Parliament, to the extent that the Secretary of State estimates that those payments relate to sums paid into the Consolidated Fund; and

(b)out of the National Insurance Fund, to the extent that he estimates that they relate to sums paid into that Fund.

(5)There shall be paid into the Consolidated Fund any increase by virtue of this Act in the sums so payable by virtue of any other Act.

29Regulations and orders: general provisions

(1)Subject to the following provisions of this section, subsections (1) to (3A) of section 166 of the principal Act shall apply in relation to any power conferred by any provision of this Act to make regulations or an order as they apply in relation to any power conferred by that Act to make regulations or an order, but as if for references to that Act there were substituted references to this Act.

(2)A statutory instrument containing (whether alone or with other provisions)—

(a)the first regulations made under section 17 of the principal Act by virtue of section 10 above, or

(b)the first regulations made by virtue of section 12 above, or

(c)the first regulations made under section 20 of the 1986 Act by virtue of section 13 above, or

(d)the first regulations prescribing relevant benefits for the purposes of section 22 above, or

(e)the first regulations made under section 59B(7) of the principal Act (retirement allowance) by virtue of paragraph 8(6) of Schedule 1 to this Act, or

(f)the first regulations made under section 2 of the [1988 c. 7.] Social Security Act 1988 (reduced earnings allowance etc) by virtue of paragraph 8(7) of that Schedule, or

(g)the first regulations under paragraph 4 of Schedule 4 to this Act, or

(h)any regulations under paragraph 21(2) of that Schedule,

shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3)All regulations and orders made under this Act, other than those to which subsection (2) above applies and orders under section 33 below, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Section 167(3) of the principal Act and section 83(4) of the 1986 Act (regulations subject to negative resolution) shall not apply in relation to any regulations contained in a statutory instrument which falls within subsection (2) above by virtue of paragraph (a), (b) or (c) of that subsection.

(5)Any power to make—

(a)regulations prescribing relevant benefits for the purposes of section 22 above, or

(b)regulations under paragraph 4 of Schedule 4 to this Act,

shall be exercisable with the consent of the Treasury.

(6)A power conferred by this Act to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.

(7)Nothing in this section applies to orders of the Occupational Pensions Board under Schedule 5 to this Act.

30Interpretation

(1)In this Act, unless the context otherwise requires—

  • “the 1973 Act” means the [1973 c. 38.] Social Security Act 1973;

  • “the 1982 Act” means the [1982 c. 24.] Social Security and Housing Benefits Act 1982;

  • “the 1986 Act” means the [1986 c. 50.] Social Security Act 1986;

  • “Commissioner” has the same meaning as it has in the principal Act;

  • “the Old Cases Act” means the [1975 c. 16.] Industrial Injuries and Diseases (Old Cases) Act 1975;

  • “the Pensions Act” means the [1975 c. 60.] Social Security Pensions Act 1975;

  • “prescribe” means prescribe by regulations;

  • “the principal Act” means the [1975 c. 14.] Social Security Act 1975;

  • “regulations” means regulations made by the Secretary of State.

(2)In this Act references to Great Britain include references to the territorial waters of the United Kingdom adjacent to Great Britain.

31Minor and consequential amendments, repeals and transitional provisions

(1)The enactments mentioned in Schedule 8 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Act).

(2)The enactments mentioned in Schedule 9 to this Act (which include some that are spent or of no further practical utility) are repealed to the extent specified in the third column of that Schedule.

(3)The Secretary of State may by regulations make—

(a)such transitional provision,

(b)such consequential provision, or

(c)such savings,

as he considers necessary or expedient in preparation for or in connection with the coming into force of any provision of this Act or the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

32Corresponding provision for Northern Ireland

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—

(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

33Short title, commencement and extent

(1)This Act may be cited as the Social Security Act 1989; and this Act, other than section 25, and the Social Security Acts 1975 to 1988 may be cited together as the Social Security Acts 1975 to 1989.

(2)Apart from the provisions specified in subsection (3) below, this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or different purposes of the same provision.

(3)The provisions referred to in subsection (2) above are the following—

(a)sections 2, 3, 4, 6, 14 to 20, 28, 29, 30, 31(3), 32 and this section;

(b)Schedule 2;

(c)paragraphs 1, 12 and 13 of Schedule 3 (and section 21 so far as relating to those paragraphs),

(d)paragraphs 6 to 8, 14 and 16 to 21 of Schedule 6 (and section 24 so far as relating to those paragraphs);

(e)paragraphs 2 to 7, 13 and 15 of Schedule 7 (and section 26 so far as relating to those paragraphs);

(f)paragraphs 1, 4 to 6, 8 to 13, 17 and 18 of Schedule 8 (and section 31 so far as relating to those paragraphs);

(g)the repeals in Schedule 9 to the extent that they are consequential on any provision specified in paragraphs (a) to (f) above (and section 31 so far as relating to those repeals).

(4)Where any enactment repealed or amended by this Act extends to any part of the United Kingdom, the repeal or amendment extends to that part.

(5)Paragraph 12 of Schedule 4 does not extend to Scotland.

(6)Sections 25, 31(3), 32 and this section extend to Northern Ireland.

(7)Except as provided by this section, this Act does not extend to Northern Ireland.

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