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The Secretaries of State for Education and Skills and for Work and Pensions Order 2002

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PART IACTS

Commonwealth Institute Act 1958 (c. 16)

1.  In section 2(1) of the Commonwealth Institute Act 1958 (trustees), for “the Secretary of State for Education and Employment” there is substituted “the Secretary of State for Education and Skills”.

Trading Representations (Disabled Persons) Act 1958 (c. 49)

2.  In section 1(2)(d) of the Trading Representations (Disabled Persons) Act 1958 (which relates to exemption), for the words from “exempted” to “from” there is substituted “exempted by the Secretary of State from”.

Professions Supplementary to Medicine Act 1960 (c. 66)

3.  In paragraph 4(1)(c) of Schedule 1 to the Professions Supplementary to Medicine Act 1960 (constitution of boards), for “the Secretary of State for Education and Employment” there is substituted “the Secretary of State for Education and Skills”.

Parliamentary Commissioner Act 1967 (c. 13)

4.  In Schedule 2 to the Parliamentary Commissioner Act 1967(1) (departments, etc subject to investigation)—

(a)the entries relating to the Department for Education and Employment and the Department of Social Security are hereby repealed, and

(b)there are inserted at the appropriate places “Department for Education and Skills” and “Department for Work and Pensions”.

Greater London Council (General Powers) Act 1975 (c. xxx)

5.  In section 3(15) of the Greater London Council (General Powers) Act 1975 (protection for fire brigade in respect of certain substances), the definition of “the Secretary of State” is hereby repealed.

Income and Corporation Taxes Act 1988 (c. 1)

6.  In section 152(7) of the Income and Corporation Taxes Act 1988(2) (notification by benefit officer), for the words from “in Great Britain” to “as the case may be” there is substituted “in Great Britain, of the Department for Work and Pensions”.

Social Security Contributions and Benefits Act 1992 (c. 4)

7.  In section 123(2) of the Social Security Contributions and Benefits Act 1992 (income-related benefits), for “the Department of Social Security” there is substituted “the Department for Work and Pensions”.

Social Security Administration Act 1992 (c. 5)

8.  (1)  The Social Security Administration Act 1992 is amended as follows.

(2) In section 181 (impersonation of officers), for “the Secretary of State for Social Security” there is substituted “the Secretary of State for Work and Pensions”.

(3) In section 182 (illegal possession of documents), for “the Secretary of State for Social Security” there is substituted “the Secretary of State for Work and Pensions”.

(4) In Schedule 4(3) (persons employed in social security administration or adjudication)—

(a)in Part I, under “Government departments”, for paragraphs (a) and (b) there is substituted—

(a)the Department for Work and Pensions;, and

(b)in Part 2, for paragraphs 1 and 2 there is substituted—

1.  The reference in Part 1 of this Schedule to the Department for Work and Pensions is a reference to that Department only to the extent that the functions carried out in it relate to social security, to child support or to occupational or personal pension schemes.

1A.  The reference in Part 1 of this Schedule to the Department for Work and Pensions includes a reference to—

(a)the former Department of Social Security,

(b)the former Department for Education and Employment, to the extent that the functions carried out in it related to a jobseeker’s allowance or to unemployment benefit or income support or to the former supplementary benefit,

(c)the former Department of Health and Social Security, to the extent that the functions carried out in it related to social security or to occupational or personal pension schemes or to war pensions,

(d)the former Ministry of Pensions and National Insurance,

(e)the former Ministry of Social Security, and

(f)any other former government department, to the extent that the functions carried out in it related to social security or to occupational or personal pensions or to war pensions,

and paragraph 1 above does not apply for the purposes of this paragraph..

Pension Schemes Act 1993 (c. 48)

9.  (1)  The Pension Schemes Act 1993 is amended as follows.

(2) In section 158(7) (disclosure of information between government departments etc), for “the Department of Social Security” there is substituted “the Department for Work and Pensions”.

(3) In section 158A(1)(4) (other disclosures by the Secretary of State), for “the Department of Social Security” there is substituted “the Department for Work and Pensions”.

Finance Act 1994 (c. 9)

10.  For paragraph 3(3)(a) of Schedule 7A to the Finance Act 1994(5) (insurance premium tax: contracts that are not taxable) there is substituted—

(a)the Department for Work and Pensions;.

Value Added Tax Act 1994 (c. 23)

11.  In Schedule 8 to the Value Added Tax Act 1994 (zero-rating), in paragraph (b) of Note (6) to Group 12 (aids for the handicapped etc), for “the Department of Social Security” there is substituted “the Department for Work and Pensions”.

Jobseekers Act 1995 (c. 18)

12.  Paragraph 74 of Schedule 2 to the Jobseekers Act 1995 (consequential amendments) is hereby repealed.

Nursery Education and Grant-Maintained Schools Act 1996 (c. 50)

13.  In paragraph 1(1)(a) of Schedule 2 to the Nursery Education and Grant-Maintained Schools Act 1996 (nursery education grants: disclosure of information), for “the Department for Education and Employment”, in both places where those words occur, there is substituted “the Department for Education and Skills”.

School Standards and Framework Act 1998 (c. 31)

14.  In paragraph 9 of Schedule 5 to the School Standards and Framework Act 1998 (adjudicators), for “the Department for Education and Employment” there is substituted “the Department for Education and Skills”.

Tax Credits Act 1999 (c. 10)

15.  In paragraph 24 of Schedule 2 to the Tax Credits Act 1999 (construction of references in section 123 of the Social Security Contributions and Benefits Act 1992 to local offices of the Department of Social Security), for “the Department of Social Security” there is substituted “the Department for Work and Pensions”.

Regulation of Investigatory Powers Act 2000 (c. 23)

16.  In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant authorities for the purposes of sections 28 and 29)—

(a)the entry relating to the Department of Social Security is hereby repealed, and

(b)there is inserted at the appropriate place “The Department for Work and Pensions”.

(1)

Relevant amendments are as follows—

(i)

Schedule 2 was substituted by the Parliamentary and Health Service Commissioners Act 1987 (c. 39) s. 1(2). Sch. 1,

(ii)

the entry relating to the Department for Education and Employment was inserted by the Transfer of Functions (Education and Employment) Order 1995 (S.I. 1995/2986) art. 11, Sch., para. 5, and

(iii)

the entry relating to the Department of Social Security was inserted by the Transfer of Functions (Health and Social Security) Order 1988 (S.I. 1988/1843) art. 5(2).

(2)

Section 152(7) was amended by the Transfer of Functions (Health and Social Security) Order 1988 (S.I. 1988/1843) art. 5, Sch. 3, para. 4 and modified by the Transfer of Functions (Education and Employment) Order 1995 (S.I. 1995/2986) art. 6(5).

(3)

Paragraph 2 of Part 2 of Schedule 4 was amended by the Jobseekers Act 1995 (c. 18) s. 41(4), Sch. 2, para. 74.

(4)

Section 158A was inserted by the Pensions Act 1995 (c. 26) s. 173, Sch. 6, para. 9.

(5)

Schedule 7A was inserted by the Insurance Premium Tax (Taxable Insurance Contracts) Order 1994 (S.I. 1994/1698) art. 5.

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