Social Security (Consequential Provisions) Act 1975

2 Transitional provisions and savings. U.K.

(1) The provisions of Part I of Schedule 3 to this Act (which essentially reproduce those of Schedule 26 to the M1 Social Security Act 1973) shall have effect with respect to the transition from the operation of the National Insurance Acts 1965 to 1974 and the corresponding Northern Ireland legislation, and the other enactments repealed by the 1973 Act, to the operation of—

(a) Parts II and III of the 1973 Act; and

(b) so much of the new Act as replaces by consolidation provisions of the 1973 Act and the legislation amending it.

(2) In connection with the consolidations, and with the repeals made by this Act, the further transitional provisions and savings contained in Parts II and III of Schedule 3 to this Act shall have effect; but no specific provision in Part III is to be regarded as prejudicing any general provision elsewhere in this Act.

(3) Where any provision of Schedule 3 to this Act confers power to make an Order in Council or regulations, then—

(a) in so far as the power is exercisable in relation to Great Britain, or to the United Kingdom as a whole, [F1 sections 189 and 190(3) of the Social Security Administration Act 1992] apply to the power, and to any instrument by means of which the power is exercised, as if the provision were contained in that Act; and

(b) in so far as the power is exercisable in relation to Northern Ireland only, [F2 sections 165 and 166(4), (6) and (11) of the Social Security Administration (Northern Ireland) Act 1992] apply to the power, and to any instrument by means of which the power is exercised, as if the provision were contained in that Act.

(4) Section 38 of the M2 Interpretation Act 1889 (effect of repeals)—

(a) has effect in relation to any enactment repealed by this Act and re-enacted in any of the consolidations as if the repeal were made by the consolidation and not by this Act;

(b) has the same operation in relation to any repeal by this Act of an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly (or of any provision of an Order made under, or having the same effect as, such an enactment) as it has in relation to the repeal of an Act of the Parliament of the United Kingdom (references in section 38 of the 1889 Act to Acts and enactments being construed accordingly);

but nothing in this subsection or in Schedule 3 to this Act affects the general operation of section 38 of the 1889 Act with regard to the effect of repeals.

Textual Amendments

F1 Words in s. 2(3)(a) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para.15

F2 Words in s. 2(3)(b) substituted (1.7.1992) by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9), ss. 4, 7(2), Sch. 2 para.11

Modifications etc. (not altering text)

C1 References to Interpretation Act 1889 (c. 63), s. 38 to be construed as references to Interpretation Act 1978 (c. 30), ss. 16(1), 17(2)(a): Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M1 1973 c. 38.

M2 1889 c. 63.