The National Insurance (Non-participation—Transfer of Functions) (Transitional) Regulations 1983

EXPLANATORY NOTE

These regulations provide for the functions previously discharged by an Adjudicator appointed in accordance with section 74(3) of the National Insurance Act 1965 (“the 1965 Act”) in relation to references by and appeals from the Registrar of Non-participating Employments (“the Registrar”) to be dischargeable by the Occupational Pensions Board (“the Board”).

Regulation 2 is a general declaratory provision as to the transfer from the Adjudicator to the Board of the determination of appeals and references from the Registrar. Regulation 3 amends the National Insurance (Non-participation—Transitional Provisions) (No. 2) Regulations 1974 so as to continue in force section 74(1) and (2) of the 1965 Act. Subsection (1) (power to provide by regulations for the method of determination of certain questions as to non-participating employments under Part III of the Act (“ Part III questions”)) is continued in force in modified form: subsection (2) (power to provide by regulations for incidental matters affecting the Registrar and employers) is continued in force unaltered. Subsection (3) (appointment of an Adjudicator) is no longer continued in force. Regulation 4 further amends the National Insurance (Non-participation—Certificates) Regulations 1959 so as to substitute the Board for the Adjudicator as the recipient of references by and appeals from the Registrar on Part III questions. Regulation 5 amends the National Insurance (Non-participation—Appeals and References) Regulations 1959, which relate to the procedure to be followed on references by and appeals from the Registrar on Part III questions, so as to make them apply with minor alterations to the Board instead of to the Adjudicator. Regulation 6 extends the provisions of section 86, as amended, of the Social Security Act 1973 so as to enable the existing provision for appeals and references to the courts on questions of law arising on determinations by the Board to apply also to their determinations on Part III questions. Regulation 7 amends the National Insurance (Non-participation—Transitional Provisions) Regulations 1974 so as to postpone for an additional two years the terminal date of any possible extension of the settlement period in connection with non-participating employments.