Social Security Act 1973

PART I Adaptation of Sections 84, 88, 92, 94, 96 and 99, and Schedules 22, 23 and 26

Introductory

1 In the provisions of this Act which are extended to Northern Ireland by section 95(2), there shall be made the adaptations provided for by this Part of this Schedule.

General adaptation of references

2 (1) Subject to the following provisions of this Part of this Schedule, for any reference such as is specified in column 1 of the Table set out in paragraph 2 of Schedule 13 there shall be substituted the reference specified in column 2 of that Table.

(2) In the application of that Table for the purposes of this Part of this Schedule, in column 1 of the Table—

(a) for the words in brackets following the reference to the Secretary of State there shall be substituted the words " except in section 96(6) and section 99(3) ",

(b) for the words in brackets following the reference to the Treasury, from " except" to " section 44(4) there shall be substituted the words " except in section 96(6) ".

Adaptation of particular provisions

3 In section 84(5) for " sections 68 to 72" substitute " sections 67 to 71 ".

4 In section 88—

(a) in subsection (1) for " section 90(2) to (8)" substitute " section 86(2) to (8) ";

(b) in subsection (2)—

(i) omit " 91 " and paragraph (a),

(ii) for "sections 112 and 113" substitute " sections 104 and 105 " , and

(iii) for " section 12 of the [1971 c. 50.] National Insurance Act 1971 " substitute " Article 12 of the [S.R. & O. (N.I.) 1971 No. 224.] Social Services (Parity) Order (Northern Ireland) 1971 "; and

(c) in subsection (3), for " section 64 " substitute " section 60 ".

5 In section 92—

(a) in subsection (4)

(i) for " sections 94 and 95 " substitute " sections 90 and 91 " , and

(ii) for " the National Insurance Act 1966 " substitute " the National Insurance (No. 2) Act (Northern Ireland) 1966 "; and

(b) in subsection (5) for " section 65 " substitute " section 64 ".

6 In section 94—

(a) In subsection (6) for "section 56(1)" substitute " section 54(1) ";

(b) in subsection (7) for " schemes " substitute " regulations ";

(c) in subsection (10)—

(i) for " sections 46 and 47" substitute " sections 45 and 46 ";

(ii) for " section 82(2) " substitute " section 77(2) " , and

(iii) for " section 82(1) " substitute " section 77(1) ".

7 Section 96(6) shall apply to regulations and orders which under this Act or Part IV of the [1966 c. 6 (N.I.).] National Insurance Act (Northern Ireland) 1966 can be made by the Northern Ireland Ministry as if the reference in that subsection to the Secretary of State or the Joint Authority were a reference to that Ministry and the references to the Treasury were references to the Ministry of Finance ; and in its application to regulations or orders made otherwise than by that Ministry that subsection shall have effect as if the words "(other than paragraph 4 of Schedule 10) or of Part IV of the former principal Act" were omitted.

8 In section 99 there shall be made the adaptations specified in paragraph 14 of Schedule 13.

9 In Part III of Schedule 22, for " section 64 " substitute " section 60 " and after " in subsection (4)" insert " in paragraph (b), for " fails " substitute " refuses or neglects " and ".

10 In Schedule 23—

(a) in paragraph 1 omit " in England or Wales ";

(b) in paragraph 3—

(i) in sub-paragraph (2) for " or on behalf " substitute " the Northern Ireland Minister or a secretary or assistant secretary ", and for " his knowledge " substitute " the knowledge of the Northern Ireland Ministry ", and

(ii) omit sub-paragraph (3);

(c) in paragraph 5(4)(a) omit " or, in Scotland, a citation ";

(d) in paragraph 9(2) omit " or, in Scotland, the complaint ";

(e) omit paragraph 10 ;

(f) for paragraph 11 substitute—

“11 Where a person is convicted of any such offence as is mentioned in paragraph 7 or 8(a) above, and an order is made under [1950 c. 7 (N.I.).] Probation Act (Northern Ireland) 1950 placing the offender on probation or discharging him absolutely or conditionally, paragraphs 7 to 9 above shall apply as if the conviction were a conviction for all purposes.”;

(g) in paragraph 12 for "paragraphs 7 to 10" substitute " paragraphs 7 to 9 ";

(h) in paragraph 13 omit " In England and Wales ".

11 In Schedule 26—

(a) in paragraph 2(2) for "the [1946 c. 67.] National Insurance Act 1946" substitute " the [1946 c. 23 (N.I.).] National Insurance Act (Northern Ireland) 1946 ";

(b) in paragraph 3(2)(a) for "section 27 of the [1965 c. 62.] Redundancy Payments Act 1965 " substitute " section 37 of the [1965 c. 19 (N.I.).] Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 ";

(c) in paragraph 5 for " Schedule 11 " substitute " Schedule 9 ";

(d) in paragraph 6—

(i) in sub-paragraph (1) for the words from " the Secretary of State " to " respectively " substitute " the Northern Ireland Ministry considers appropriate for facilitating the introduction of the basic scheme established by Part I of this Act or the Secretary of State considers appropriate for facilitating the introduction of the reserve pension scheme established by Part III of this Act;

(ii) in sub-paragraph (2)(c) for " the Secretary of State " substitute " the Northern Ireland Ministry or as the case may be the Secretary of State ";

(e) in paragraph 7—

(i) in sub-paragraph (a) for " 105 " substitute " 99 ";

(ii) in sub-paragraph (b) for " 84 " substitute " 79 " and omit " and any regulations having effect by virtue of section 22(2) of the Family Allowances Act ".