The Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 1 and Transitional Provisions) Order 1999

Citation and interpretation

1.—(1) This Order may be cited as the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 1 and Transitional Provisions) Order 1999.

(2) In this Order, unless the context otherwise requires—

“the Act” means the Social Security Contributions (Transfer of Functions, etc.) Act 1999;

“the Administration Act” means the Social Security Administration Act 1992(1);

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992(2); and

“transfer provision” has the meaning given by section 21(1) of the Act,

and references to sections and Schedules are references to sections of, and Schedule to, the Act.

Appointed day

2.  Subject to articles 3 to 6 below, the day appointed for the coming into force of—

(a)the provisions of the Act which are specified in Schedule 1 to this Order, for purposes connected with the making of Regulations under or in consequence of provisions of the Act, is 4th March 1999;

(b)the provisions of the Act which are specified in Schedule 2 to this Order, in so far as they are not already in force, is 1st April 1999; and

(c)the provisions of the Act which are specified in Schedule 3 to this Order, in so far as they are not already in force, is 6th April 1999.

Regulations under Schedule 1 to the Contributions and Benefits Act

3.—(1) Any regulations made under paragraph 6 of Schedule 1 to the Contributions and Benefits Act before 1st April 1999 shall—

(a)to the extent that they are made by virtue of sub-paragraph (5) of that paragraph, be treated on and after that date as made under that sub-paragraph with the concurrence of the Board, and

(b)to the extent that they are not made by virtue of that sub-paragraph, shall be treated on and after that date as made under paragraph 6(1).

(2) Any regulations made under paragraph 8(1) of Schedule 1 to the Contributions and Benefits Act before 1st April 1999 shall—

(a)to the extent that they are made by virtue of paragraph 8(1)(d), or are made by virtue of paragraph 8(1)(q) and relate to the matter referred to in paragraph 8(1)(d), shall be treated on and after that date as made by the Secretary of State, and

(b)to the extent that they are not so made, shall be treated on and after that date as made by the Treasury.

Decisions and appeals

4.—(1) Subject to paragraph (2) below, where—

(a)a person has before 1st April applied—

(i)in accordance with regulations made under section 58 of the Administration Act for the determination by the Secretary of State of any such question as is mentioned in section 17(1) of that Act, or

(ii)in accordance with regulations made under paragraph (b) of subsection (3) of section 20 of that Act for the determination by an adjudication officer of any question mentioned in that subsection; and

(b)that question has not been determined before that date,

the question shall on or after that date be treated in accordance with paragraph (3) below as being for the decision of an officer of the Board under section 8(1) of the Act.

(2) Paragraph (1) above—

(a)shall apply in relation to any such question as is mentioned in paragraph (b) of section 17(1) of the Administration Act only in so far as that question raises an issue of a kind specified in paragraph (c), (d) or (e) of section 8(1) of the Act; and

(b)shall not apply in relation to any such question as is mentioned in paragraph (e) or (f) of that section 17(1).

(3) A question to which paragraph (1) above applies—

(a)by virtue only of paragraph (2)(a) above, shall be treated as falling to be decided under paragraph (c), (d) or, as the case may be, (e) of section 8(1) of the Act;

(b)in any other case, shall be treated as falling to be decided under such provision of the Act as is specified in column (2) of the Table below in relation to the provision of the Administration Act (specified in column (1) of that Table) in which that question is mentioned.

(4) Where, by virtue of paragraph (1)(a)(i) above, a question falls to be decided by an officer of the Board, that question shall until the relevant date be treated for the purposes of paragraphs (2)(b) and (3)(c)(ii) of regulation 28D of Schedule 1 to the Social Security (Contributions) Regulations 1979 (remission of interest pending determination of questions)(3) as if it were a question for determination under section 17(1) of the Administration Act.

(5) In paragraph (4) above, “the relevant date” means the date on which—

(a)the question is determined by the officer of the Board; or

(b)those provisions of that regulation 28D cease to be in force,

whichever first occurs.

(6) Notwithstanding paragraph 1(2) of Schedule 8 (which provides for certain determinations made by the Secretary of State to have effect as if made by the Board), Part II of the Act shall not apply with respect to any decision given before 1st April 1999—

(a)by the Secretary of State on any such question as is mentioned in section 17(1) of the Administration Act;

(b)by the Secretary of State of any such question as is mentioned in section 170(1) of the Pensions Schemes Act 1993(4) (which includes such a question among the questions to which section 17(1) of the Administration Act applies); or

(c)by an adjudication officer of the question mentioned in section 20(3) of that Act.

(7) Where, before 1st April 1999, the Secretary of State has determined a question to which section 170(7) of the Pension Schemes Act 1993 applies (certain questions arising under Part III of that Act), that determination shall, on and after that date, be treated for the purposes of the Occupational and Personal Pension Schemes (Contracting-out etc: Review of Determinations) Regulations 1997(5) as if it had been made by the Board.

Accounts of the National Insurance Fund

5.  Notwithstanding the coming into force of paragraph 51 of Schedule 3 (which provides for the National Insurance Fund to be maintained under the control and management of the Board, and for its accounts to be prepared by them), the accounts of the National Insurance Fund in relation to the year ending on 31st March 1999 shall be prepared by the Secretary of State in accordance with section 161(2) of the Administration Act as in force prior to its amendment by that paragraph.

Complaints to the Parliamentary Commissioner for Administration

6.  A complaint made under the Parliamentary Commissioner Act 1967(6) to the Parliamentary Commissioner for Administration in relation to the Department of Social Security, whether made before, on or after 1st April 1999, shall, in so far as it relates to any function transferred by virtue of a transfer provision to the Board, be treated on and after that date as if it were a complaint made in relation to the Board.