Social Security Act 1975

Implementation of schemes

1 The Secretary of State may by order approve a supplementary scheme whether with or without amendment, if he is satisfied that it is expedient that the scheme should come into operation:

Provided that the Secretary of State, before approving a supplementary scheme, shall take steps to ascertain so far as practicable the views of any employed earners or employers affected thereby who in his opinion are not represented by the body submitting the scheme.

2 Subject to the provisions of this paragraph, and to paragraphs 3 to 5 below, a supplementary scheme may—

(a) apply for the purposes of the scheme (including in particular the purpose of determining any question as to the application of the scheme to any person or class of persons) any of the provisions of this Act or of regulations, with or without modifications ;

(b) make such provision for the constitution of a body to be charged with the administration of the scheme, and with respect to the supervision of the administration of the scheme and accounts, as the Secretary of State considers to be necessary for the purpose of giving effect to the scheme (including provision for the making of returns to the Secretary of State as to matters affecting the operation of the scheme);

(c) provide for the participation of the Secretary of State in the administration of the scheme to such an extent and for such purposes as may be therein specified ;

(d) provide for defraying, out of any funds which may be available for the purposes of the scheme, such fees and other charges as may be determined by the Secretary of State, with the concurrence of the Treasury, in respect of the participation of the Secretary of State in the administration of the scheme ;

(e) contain such other provisions as the Secretary of State considers to be necessary for the purpose of giving effect to the scheme.

3 A supplementary scheme may empower the body charged with the administration of the scheme to make, if the Secretary of State so directs, such temporary modifications in any of the rates of contribution or the rates or periods of benefit under the scheme as are, in the opinion of the Secretary of State, sufficient to secure the solvency of the fund constituted under the scheme.

4 No part of the funds required for providing benefits under a supplementary scheme, or otherwise in connection therewith, shall be derived from money provided by Parliament; but this paragraph does not prevent the making, in respect of persons whose remuneration is or may be defrayed out of money so provided, of a scheme whereunder contributions are payable by employers.

5 Subject to paragraphs 6 to 9 below, a supplementary scheme when approved by the Secretary of State shall continue in force until determined in accordance with its provisions.