Social Security Act 1975

Advisory bodies

138 National Insurance Advisory Committee

(1) The National Insurance Advisory Committee constituted under section 88 of the former principal Act shall continue in being by that name—

(a) to give advice and assistance to the Secretary of State in connection with the discharge of his functions under this Act; and

(b) to perform such other duties as may be assigned to them by or under this Act.

(2) Part I of Schedule 15 to this Act has effect with respect to the Committee's constitution and otherwise with respect to the Committee and its affairs.

(3) The Secretary of State—

(a) may from time to time refer to the Committee for consideration and advice such questions relating to the operation of this Act as he thinks fit (including questions as to the advisability of amending it); and

(b) shall furnish to the Committee such information as they may reasonably require for the proper discharge of their functions under this Act.

(4) References in subsections (1) and (3) above to this Act do not include its application in relation to industrial injuries benefit or its administration.

139 Committee to be consulted as to regulations

(1) Where the Secretary of State proposes to make regulations, he shall (unless it appears to him that by reason of the urgency of the matter it is inexpedient to do so) refer the proposals, in the form of draft regulations or otherwise, to the National Insurance Advisory Committee.

(2) Subsection (1) above does not apply to regulations specified in Part II of Schedule 15 to this Act.

(3) The Committee shall consider any proposals referred to them under this section and make to the Secretary of State a report containing such recommendations with regard to the subject-matter of the proposals as they think appropriate.

(4) If after receiving the 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 a copy of the Committee's report and a statement showing—

(a) the extent (if any) to which the Secretary of State 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.

(5) 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 is to be construed as a reference to the authorities making or proposing to make the regulations.

(6) In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of sub-section (4) above shall be deemed to 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.

140 Advisory functions in relation to attendance allowance

The Attendance Allowance Board shall have (in addition to their other functions)—

(a) the functions of advising the Secretary of State on such matters as he may refer to them relating to—

(i) the operation of provisions of this Act in relation to attendance allowance (including questions as to the advisability of amending those provisions),

(ii) the exercise, in relation to attendance allowance, of his powers under those provisions ; and

(b) such other functions, if any, as the Secretary of State may determine.

141 Industrial Injuries Advisory Council

(1) The Industrial Injuries Advisory Council constituted under section 62 of the former Industrial Injuries Act shall continue in being by that name; and Part I of Schedule 16 to this Act has effect with respect to the Council's constitution and otherwise with respect to the Council and its affairs.

(2) Where the Secretary of State proposes to make regulations to which this subsection applies, he shall (unless it appears to him that by reason of the urgency of the matter it is inexpedient to do so) refer the proposals, in the form of draft regulations or otherwise, to the Council for consideration and advice; and this subsection applies to all regulations relating only to industrial injuries benefit or its administration, except regulations specified in Schedule 16, Part II.

(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.