HL Deb 07 July 1975 vol 362 cc705-8

The Social Security Act 1975

65. In section 142(4)(b) of the Social Security Act 1975, for the words "Great Britain" and "Northern Ireland" there shall be substituted respectively the words "Northern Ireland" and "Great Britain".

66. In section 152(2) of that Act, for the words "Criminal Justice Act 1948" there shall be substituted the words "Powers of Criminal Courts Act 1973".

The Social Security (Northern Ireland) Act 1975

67. In section 96(1) of the Social Security (Northern Ireland) Act 1975, for the words "95(1)(a) or (b)" there shall be substituted the words "95(1)(a) or (c)".

68. In section 133(3)(b) of that Act, for the words "Northern Ireland" and "Great Britain" there shall be substituted respectively the words "Great Britain" and "Northern Ireland".

69. In section 138(5) of that Act, for the word "paragraph" there shall be substituted the word "subsection".

The Social Security (Consequential Provisions) Act 1975

70. In Schedule 3 to the Social Security (Consequential Provisions) Act 1975

(a) for paragraph 12(4) there shall be substituted— (4) in paragraph 10 of this Schedule as it applies to Northern Ireland—

  1. (a) the first reference in sub-paragraphs (a) and (b) to an Order in Council includes a reference to an order made by the Secretary of State; and
  2. (b) in sub-paragraph (b) the words "and any regulations having effect by virtue of section 22(2) of the Family Allowances Act" shall be omitted."

(b) after paragraph 13(1) there shall be inserted— (1A) An order made by the Secretary of State under an enactment repealed by this Act, for any purpose for which an Order in Council may be made under one of the consolidations shall not be invalidated by the repeal but shall have effect as if it were an Order in Council so made.

(c) in paragraph 31, there shall be inserted at the end of the Table—

"The words from "by statutory instrument" onwards (in paragraph 30(2)). The words "by statutory rule for the purposes of the Statutory Rules Act (Northern Ireland) 1958; and any statutory rule containing any such regulations shall be laid before the Northern Ireland Assembly after being made."."
(Lord Wells-Pestell.)

On Question, Amendment agreed to.

Schedule 4, as amended, agreed to.

Schedule 5 [Repeals]:

Lord WELLS-PESTELL moved Amendment No. 45:

Page 74, leave out line 53 in column 3, and I insert— ("Section 91. In section 92, subsections (1) and (2); in subsection (4) the words from "the recovery" onwards; and subsections (5) to (7). Section 93.")

The noble Lord said: With your Lordships' permission, perhaps I can speak to Amendment No. 46 at the same time. The object of these Amendments is to save from repeal a provision in the Social Security Act 1973 which is still required for a specific continuing purpose. As it stands, Schedule 5 to the Bill repeals Section 92 and Schedule 23 of the Social Security Act 1973 which deal with offences, penalties and proceedings. This Amendment and Amendment No. 46 save from repeal those parts of that section and Schedule which contain the power to make regulations providing for the recovery of penalties for offences of contravening or failure to comply with regulations and set out the general provisions as to prosecutions. Regulation 8 of the Occupational Pensions Board (Determinations and Review Procedure) Regulations 1973, which provides for penalties for failure to produce documents and to furnish information to the Occupational Pensions Board, has been made under these powers and needs to be retained in order to ensure that the Board continue to have an effective sanction for use if necessary. I beg to move.

On Question, Amendment agreed to.

Lord WELLS-PESTELL

I beg to move Amendment No. 45A, to which I have spoken already.

Amendment moved— Page 75, column 3, leave out line 11.—(Lord Wells-Pestell.)

On Question, Amendment agreed to.

Lord WELLS-PESTELL

I beg to move Amendment No. 46. I spoke to this Amendment when moving Amendment No. 45.

Amendment moved—

Page 75, leave out line 22 in column 3, and insert— ("Schedule 22. In Schedule 23, paragraph 5, and from paragraph 7 to the end. Schedule 24.")—(Lord Wells-Pestell.)

On Question, Amendment agreed to.

Lord MELCHETT moved Amendment No. 46A: Page 76, line 21, column 3, leave out ("(8(a), 52") and insert ("7(a), 47, 51, 53").

The noble Lord said: This Amendment corrects references to provisions of the Social Security (Consequential Provisions) Act 1975 which are to be repealed by the Bill. That Act had not completed its progress through Parliament when the Bill was published and the paragraph numbers of the relevant provisions were changed between preparation of this Bill and the (Consequential Provisions) Act receiving Royal Assent. I beg to move.

On Question, Amendment agreed to.

Schedule 5, as amended, agreed to.

House resumed: Bill reported with the Amendments.

Lord WELLS-PESTELL

My Lords, may I be permitted to thank noble Lords for remaining until this hour in order that we could get the Committee stage finished. I am most grateful.

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