The Transfer of Functions (War Pensions etc.) Order 2001

Article 5

SCHEDULE CONSEQUENTIAL AMENDMENTS

Pensions Appeal Tribunals Act 1943 (c. 39)

1.  In section 12(1) of the Pensions Appeal Tribunals Act 1943, for the definition of “the Minister”(1) substitute—

““the Minister” means the Secretary of State;”

Income and Corporation Taxes Act 1988 (c. 1)

2.  In section 315(3) of the Income and Corporation Taxes Act 1988(2), for “Secretary of State for Social Security” substitute “Secretary of State”.

Social Security Act 1989 (c. 24)

3.  In section 25 of the Social Security Act 1989, in the definition of “war pension”, for the words from “, the Minister” to “Chelsea;” substitute “or the Commissioners for the Royal Hospital for Soldiers at Chelsea, or a pension or benefit administered by the Minister of the Crown with responsibility for defence (except one administered by him in the exercise of functions transferred to him from the Secretary of State for Social Security);”.

Social Security Administration Act 1992 (c. 5)

4.—(1) Schedule 4 to the Social Security Administration Act 1992 is amended as follows.

(2) In Part 1, under “Government departments”, after paragraph (c) insert—

“(d) the Ministry of Defence.”

(3) In Part 2, after paragraph 3 insert—

“3A.   The reference in Part 1 of this Schedule to the Ministry of Defence is a reference to it only to the extent that the functions carried out in it relate to war pensions.”

Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 (S.I. 1980/1082)

5.  In article 1(2) of the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980(3), omit the definition of “Secretary of State”.

Pensions Appeal Tribunals Rules

6.  In—

(a) rule 4(3) of the Pensions Appeal Tribunals (England and Wales) Rules 1980(4),

(b) rule 4(3) of the Pensions Appeal Tribunals (Scotland) Rules 1981(5), and

(c) rule 4(3) of the Pensions Appeal Tribunals (Northern Ireland) Rules 1981(6),

for the words from “Secretary of State” to the end substitute “Secretary of State for Defence”.

Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000 (S.I. 2000/2417)

7.  In Part 1 of the Schedule to the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000, omit—

(a) in column 2, “Senior Executive Officer in War Pensions Agency”,

(b) in column 3, “Higher Executive Officer in War Pensions Agency”.

(1)

The definition was substituted by the Pensions Appeal Tribunals Act (Modification) Order 1981, S.I. 1981/1541; and amended by the Transfer of Functions (Health and Social Security) Order 1988, S.I. 1988/1843, Sched. 3 para. 2(a).

(2)

Section 315(3) was amended by the Transfer of Functions (Health and Social Security) Order 1988, S.I. 1988/1843, Sched. 3, para. 2(d).

(3)

Article 1(2) was amended by the Pensions Appeal Tribunals (Posthumous Appeals) Amendment Order 2001, S.I. 2001/408, Sched. para. 1.

(4)

S.I. 1980/1120; rule 4(3) was substituted by the Pensions Appeal Tribunals (England and Wales) (Amendment) Rules 1998, S.I. 1998/1201, r. 4(3)(b).

(5)

S.I. 1981/500; rule 4(3) was substituted by the Pensions Appeal Tribunals (Scotland) (Amendment) Rules 1998, S.I. 1998/1225 (S. 65), r. 4(b).

(6)

S.R. 1981/231.