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Social Security Administration Act 1992

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This is the original version (as it was originally enacted).

The Social Security Advisory Committee and the Industrial Injuries Advisory Council

170The Social Security Advisory Committee

(1)The Social Security Advisory Committee (in this Act referred to as “the Committee”) constituted under section 9 of the [1980 c. 30.] Social Security Act 1980 shall continue in being by that name—

(a)to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Secretary of State in connection with the discharge of his functions under the relevant enactments;

(b)to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Northern Ireland Department in connection with the discharge of its functions under the relevant Northern Ireland enactments; and

(c)to perform such other duties as may be assigned to the Committee under any enactment.

(2)Schedule 5 to this Act shall have effect with respect to the constitution of the Committee and the other matters there mentioned.

(3)The Secretary of State may from time to time refer to the Committee for consideration and advice such questions relating to the operation of any of the relevant enactments as he thinks fit (including questions as to the advisability of amending any of them).

(4)The Secretary of State shall furnish the Committee with such information as the Committee may reasonably require for the proper discharge of its functions.

(5)In this Act—

  • “the relevant enactments” means—

    (a)

    the provisions of the Contributions and Benefits Act and this Act, except as they apply to industrial injuries benefit and Old Cases payments; and

    (b)

    the provisions of Part II of Schedule 3 to the Consequential Provisions Act, except as they apply to industrial injuries benefit; and

  • “the relevant Northern Ireland enactments” means—

    (a)

    the provisions of the Northern Ireland Contributions and Benefits Act and the Northern Ireland Administration Act, except as they apply to Northern Ireland industrial injuries benefit and payments under Part I of Schedule 8 to the Northern Ireland Contributions and Benefits Act; and

    (b)

    the provisions of Part II of Schedule 3 to the [1992 c. 9.] Social Security (Consequential Provisions) (Northern Ireland) Act 1992, except as they apply to Northern Ireland industrial injuries benefit; and

    (c)

    Article 52A(10), Part VA, Articles 69J and 70ZA of the [SI 1975/1503 (N.I. 15).] Social Security Pensions (Northern Ireland) Order 1975;

    and in this definition—

    (i)

    “Northern Ireland Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

    (ii)

    “Northern Ireland industrial injuries benefit” means benefit under Part V of the Northern Ireland Contributions and Benefits Act other than under Schedule 8 to that Act.

171The Industrial Injuries Advisory Council

(1)The Industrial Injuries Advisory Council (in this Act referred to as “the Council”) constituted under section 62 of the [1965 c. 52.] National Insurance (Industrial Injuries) Act 1965 shall continue in being by that name.

(2)Schedule 6 to this Act shall have effect with respect to the constitution of the Council and the other matters there mentioned.

(3)The Secretary of State may from time to time refer to the Council for consideration and advice such questions as he thinks fit relating to industrial injuries benefit or its administration.

(4)The Council may also give advice to the Secretary of State on any other matter relating to such benefit or its administration.

172Functions of Committee and Council in relation to regulations

(1)Subject—

(a)to subsection (3) below; and

(b)to section 173 below,

where the Secretary of State proposes to make regulations under any of the relevant enactments, he shall refer the proposals, in the form of draft regulations or otherwise, to the Committee.

(2)Subject—

(a)to subsection (4) below; and

(b)to section 173 below,

where the Secretary of State proposes to make regulations relating only to industrial injuries benefit or its administration, he shall refer the proposals, in the form of draft regulations or otherwise, to the Council for consideration and advice.

(3)Subsection (1) above does not apply to the regulations specified in Part I of Schedule 7 to this Act.

(4)Subsection (2) above does not apply to the regulations specified in Part II of that Schedule.

(5)In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury, the reference in subsection (1) above to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.

173Cases in which consultation is not required

(1)Nothing in any enactment shall require any proposals in respect of regulations to be referred to the Committee or the Council 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 agrees that this subsection shall not apply, he shall refer the regulations to that body as soon as practicable after making them.

(3)Where the Secretary of State has referred proposals to the Committee or the Council, he may make the proposed regulations before the Committee have made their report or, as the case may be the Council have given their advice, 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 Committee has been made, the Committee shall consider them and make a report to the Secretary of State containing such recommendations with regard to the regulations as the Committee thinks 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—

(a)of the extent (if any) to which the Secretary of State proposes to give effect to the recommendations; and

(b)in so far as he does not propose to give effect to them, of his reasons why not.

(5)Except to the extent that this subsection is excluded by an enactment passed after 25th July 1986, nothing in any enactment shall require the reference to the Committee or the Council 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—

(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)In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury, any reference in this section to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.

(7)In this section “regulations” means regulations under any enactment, whenever passed.

174Committee’s report on regulations and Secretary of State’s duties

(1)The Committee shall consider any proposals referred to it by the Secretary of State under section 172 above and shall make to the Secretary of State a report containing such recommendations with regard to the subject-matter of the proposals as the Committee thinks appropriate.

(2)If after receiving a report of the Committee the Secretary of State lays before Parliament any regulations or draft regulations which comprise the whole or any part of the subject-matter of the proposals referred to the Committee, he shall lay with the regulations or draft regulations a copy of the Committee’s report and a statement showing—

(a)the extent (if any) to which he has, in framing the regulations, given effect to the Committee’s recommendations; and

(b)in so far as effect has not been given to them, his reasons why not.

(3)In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of subsection (2) above shall be satisfied as respects either House of Parliament if a copy of the report and statement there referred to are laid before that House not later than the second day on which the House sits after the laying of the regulations.

(4)In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury any reference in this section to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.

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