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The Social Security and Statutory Sick Pay (Oil and Gas (Enterprise) Act 1982) (Consequential) Regulations 1982

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Statutory Instruments

1982 No. 1738

SOCIAL SECURITY TERMS AND CONDITIONS OF EMPLOYMENT

The Social Security and Statutory Sick Pay (Oil and Gas (Enterprise) Act 1982) (Consequential) Regulations 1982

Made

3rd December 1982

Laid before Parliament

10th December 1982

Coming into Operation

Regulations 1 to 4

31st December 1982

Regulation 5

6th April 1983

The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 51(1), 82(5) and 132 of the Social Security Act 1975(1) and section 22 of the Social Security and Housing Benefits Act 1982(2) and of all other powers enabling him in that behalf, and after agreement with the Social Security Advisory Committee that proposals to make these regulations should not be referred to it(3), hereby makes the following regulations:—

Citation, commencement and interpretation

1.—(1) These regulations may be cited as the Social Security and Statutory Sick Pay (Oil and Gas (Enterprise) Act 1982) (Consequential) Regulations 1982 and shall come into operation on 31st December 1982; except for regulation 5 which shall come into operation on 6th April 1983.

(2) In these regulations “the Act” means the Social Security Act 1975.

Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975

2.  Regulation 11 of the Social Security Benefit (Persons Abroad) Regulations 1975 shall be amended as follows:—

(a)in paragraph (1):—

(i)for the definition of “prescribed employment”, there shall be substituted the following definition:—

'prescribed employment' means any employment (whether under a contract of service or not) in any designated area or prescribed area, being employment in connection with any activity mentioned in section 23(2) of the Oil and Gas (Enterprise) Act 1982 in any designated area or in any prescribed area;

(ii)at the end there shall be added the following definition:—

'prescribed area' means any area over which Norway or any member State (other than the United Kingdom) exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section 22(5) of the Oil and Gas (Enterprise) Act 1982.;

(b)at the end of paragraph (2) there shall be added the words “in a designated area”;

(c)after paragraph (2), there shall be inserted the following paragraphs:—

(2A) Subject to paragraph (2B) where benefit under Part II of the Act would be payable to a person were that person in Great Britain, that person shall not be disqualified for receiving such benefit by reason only of the fact that he is, in connection with prescribed employment:—

(a)in a prescribed area; or

(b)travelling between one prescribed area and another; or

(c)travelling between a designated area and a prescribed area; or

(d)travelling between Norway or a member State (including the United Kingdom) and a prescribed area..

(2B) Paragraph (2A) shall not apply where, under the legislation administered by Norway or any member State (other than the United Kingdom) benefit is payable in respect of a person for the same contingency and for the same period for which benefit is claimed under the Act..

Amendment of the Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975

3.  In paragraph 7 of Part I of Schedule 1 to the Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975 the words from “the exploitation of the resources” down to “subsoil” shall be omitted and there shall be substituted the words “any activity mentioned in section 23(2) of the Oil and Gas (Enterprise) Act 1982.”.

Amendment of the Social Security (Contributions) Regulations 1979

4.  In regulation 85 of the Social Security (Contributions) Regulations 1979, the words from “the exploitation of the resources” down to “subsoil” shall be omitted and there shall be substituted the words “any activity mentioned in section 23(2) of the Oil and Gas (Enterprise) Act 1982.”.

Amendment of the Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982

5.  Regulation 4 of the Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982 shall be amended as follows:—

(a)at the end of the definition of “prescribed area” there shall be added the following words “or any other area which is from time to time specified under section 22(5) of the Oil and Gas (Enterprise) Act 1982”;

(b)in the definition of “prescribed employment” the words from “the exploration of the seabed” down to the end shall be omitted and there shall be substituted the words “any activity mentioned in section 23(2) of the Oil and Gas (Enterprise) Act 1982 in any designated area or in any prescribed area.”.

Norman Fowler

Secretary of State for Social Services

3rd December 1982

EXPLANATORY NOTE

These Regulations amend provisions in the Social Security Benefit (Persons Abroad) Regulations 1975 (regulation 11), the Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975 (paragraph 7 of Part I of Schedule 1), the Social Security (Contributions) Regulations 1979 (regulation 85) and the Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982 (regulation 4) relating to persons employed in operations on the continental shelf, in order to take account of the amendment made by the Oil and Gas (Enterprise) Act 1982 to the definition of “continental shelf operations” in section 132(2) of the Social Security Act 1975 and section 22(3) of the Social Security and Housing Benefits Act 1982.

The Regulations also further amend regulation 11 of the Social Security Benefits (Persons Abroad) Regulations 1975 by including a provision which modifies, as regards persons who are on the continental shelf of Norway or of a member State of the European Communities other than the United Kingdom, the restrictions in the Social Security Act 1975 relating to entitlement to benefit.

(1)

Section 132(2) was amended by the Oil and Gas (Enterprise) Act 1982 (c. 23), Schedule 3, paragraph 21.

(2)

Section 22(3) was amended by the Oil and Gas (Enterprise) Act 1982, Schedule 3, paragraph 44.

(3)

See section 10(2)(b) of the Social Security Act 1980 (c. 30).

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