SCHEDULES

Section 20.

SCHEDULE 4E+W+S Consequential and minor amendments of enactments

M1Polish Resettlement Act 1947E+W+S

1(1)Section 3 of the Polish Resettlement Act 1947 and Part II of the Schedule to that Act (which among other things authorise the Supplementary Benefits Commission to provide accommodation and goods and services for former members of certain Polish forces) shall be amended as follows—E+W+S

(a)for references to the Supplementary Benefits Commission wherever they occur except in section 3(5), there shall be substituted references to the Secretary of State;

(b)in section 3(2) the words “by making payments to persons for whom accommodation is provided" shall be omitted and for the word “another" there shall be substituted the words “ the other" ”.

(c)subsections (4), (5), (10) and (10A) of section 3 (which among other things provide for the making and observance of rules about conduct in accommodation and that the Commission’s functions under that section are exercised on behalf of the Secretary of State) shall be omitted;

(d)in paragraph 3 of that Schedule the words the words from “(including" to “repealed)" (which relate to the recovery of certain charges from a step-father) shall be omitted; and

(e)in paragraph 4 of that Schedule the proviso (which provides for an appeal about the amounts of certain charges) shall be omitted.

(2)In sections 4(1) F1... and 7(1) of that Act (which contain references to persons for whom there is power to provide accommodation under section 3 of that Act) for the words from “for whom" to “power" there shall be substituted the words “ for whom the Secretary of State has power" ”; and for subsection (3) of section 12 of that Act (which modifies references to such persons in the application of the Act to Northern Ireland) there shall be substituted the following subsection—

“(3)References in sections 4 to 7 of this Act to persons of any description for whom the Secretary of State has power to provide accommodation under section 3 of this Act shall include references to persons in Northern Ireland of any description for whom he would have power to so provide if those persons were in Great Britain.”

M2The National Assistance Act 1948E+W+S

2(1)In section 22 of the National Assistance Act 1948, in subsection (5) (which provides that in assessing a person’s ability to pay for certain accommodation a local authority shall have regard to Part III of Schedule 1 to the Supplementary Benefits Act 1976) for the words from “Part III" onwards there shall be substituted the words “ regulations made by the Secretary of State for the purposes of this subsection" ”, and subsection (9) (under which payments of benefit may be diverted to a local authority to discharge a liability in respect of accommodation provided by that authority) shall cease to have effect.E+W+S

(2)Section 27 of that Act (under which among other things questions as to the circumstances of a person applying for accommodation under the Act may be referred to the Supplementary Benefits Commission) shall cease to have effect.

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M3The Maintenance Orders Act 1950E+W+S

3E+W+SIn section 8(1) of the Maintenance Orders Act 1950 (which relates to jurisdiction in certain actions of affiliation and aliment in Scotland) for the words from “or at the instance" to “local authority" there shall be substituted the words “ or at the instance of the Secretary of State or of a local authority" ”.

M4The Legal Aid (Scotland) Act 1967E+W+S

4(1)Section 4(5) of the Legal Aid (Scotland) Act 1967 (which provides, in relation to legal aid, for computing resources by reference to the rules set out in certain paragraphs of Schedule 1 to the Supplementary Benefits Act 1976) shall cease to have effect.E+W+S

(2)In section 4(6) of that Act (which among other things provides for the income and capital of a person and the maximum amount of his contribution to the legal aid fund to be determined by the Supplementary Benefits Commission) for the words from “determined" onwards there shall be substituted the words “ determined in accordance with regulations; and regulations for the purposes of this subsection may make different provision for different cases or classes of cases." ”.

M5The Social Work (Scotland) Act 1968E+W+S

5(1)In section 87(3) of the Social Work (Scotland) Act 1968 (under which accommodation provided under that Act is regarded as provided under Part III of the National Assistance Act 1948) for the words “sections 22(2) to (9)" there shall be substituted the words “ sections 22(2) to (8)" ”.E+W+S

(2)Section 87(6) of that Act (under which among other things questions as to the circumstances of a person applying for accommodation under that Act may be referred to the Supplementary Benefits Commission) shall cease to have effect.

M6The Local Authority Social Services Act 1970E+W+S

6E+W+SIn Schedule 1 to the Local Authority Social Services Act 1970 (which lists the functions of a local authority assigned to its Social Services Committee), in column 2 of the entry relating to Schedule 5 to the Supplementary Benefits Act 1976, for the words “reception centres" there shall be substituted the words “ resettlement units" ”.

M7The Housing (Financial Provisions) (Scotland) Act 1972E+W+S

7E+W+SIn section 16A(4) of the Housing (Financial Provisions) (Scotland) Act 1972 (which relates to a housing authority and the Supplementary Benefits Commission providing each other with information for purposes connected with supplementary benefits), for the words “Supplementary Benefits Commission" in both places where they occur there shall be substituted the words “ Secretary of State" ” and for the words “the Commission" there shall be substituted the words “ the Secretary of State" ”.

M8The Employment and Training Act 1973E+W+S

8E+W+SIn section 12(2)(b) of the Employment and Training Act 1973 (which refers to the Supplementary Benefits Commission), for the words “the Supplementary Benefits Commission" there shall be substituted the words “ a benefit officer within the meaning of the Supplementary Benefits Act 1976" ” and for the words “latter Commission" there shall be substituted the word “ officer" ”.

M9The Legal Aid Act 1974E+W+S

9(1)Section 11(6) of the Legal Aid Act 1974 (which provides, in relation to legal aid, for computing resources by reference to the rules set out in certain paragraphs of Schedule 1 to the Supplementary Benefits Act 1976) shall cease to have effect.E+W+S

(2)In section 11(7) of that Act (which among other things provides for the income and capital of a person and the maximum amount of his contribution to the legal aid fund to be determined by the Supplementary Benefits Commission) for the words from “determined" onwards there shall be substituted the words “ determined in accordance with regulations; and regulations for the purposes of this subsection may make different provision for different cases or classes of cases." ”.

(3)In section 33(1) of that Act (which relates to enquiries into person’s means) for the words “Supplementary Benefits Commission" there shall be substituted the words “ Secretary of State to arrange for an officer of his" ”, for the words “the Commission" there shall be substituted the words “ the Secretary of State" ” and before the word “report" there shall be inserted the words “ arrange for the officer to" ”.

F310E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M10The Sex Discrimination Act 1975E+W+S

11E+W+SIn section 35(1)(a) of the Sex Discrimination Act 1975 (which refers to a reception centre provided by the Supplementary Benefits Commission) for the words “reception centre provided by the Supplementary Benefits Commission" there shall be substituted the words “ resettlement unit provided under Schedule 5 to the Supplementary Benefits Act 1976" ”.

M11The Social Security (Miscellaneous Provisions) Act 1977E+W+S

12E+W+SIn subsection (13) of section 22 of the Social Security (Miscellaneous Provisions) Act 1977 (which refers to section 44(6) of the Pensions Act as amended by a subsection repealed by this Act) for the words “the said section 44(6) as amended by the preceding subsection" there shall be substituted the words “ section 44(6) of the Pensions Act" ”.

M12The Employment Protection (Consolidation) Act 1978E+W+S

F413E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F514E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .