The Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No. 2 and Consequential and Transitional Provisions) Order 1999

Consequential amendments

3.—(1) Subject to article 4 below, the Social Security and Child Support (Decisions and Appeals) Regulations 1999(1) shall on 5th July 1999 be amended in accordance with the following paragraphs of this article.

(2) In regulation 1 (interpretation)—

(a) in paragraph (3)—

(i) after the definition of “appeal” there shall be inserted the following definition:—

““the Board” means the Commissioners of Inland Revenue;”,

(ii) in paragraph (b) of the definition of “claimant”, for “the Secretary of State” there shall be substituted “an officer of the Board”, and

(iii) in the definition of “official error”, after “Social Security” there shall be inserted “, the Board”, and for “either Department” (in both places where those words occur) there shall be substituted “any of those Departments”;

(b) after paragraph (3) there shall be inserted the following paragraph:—

“(3A) In these Regulations as they relate to any decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any reference to the Secretary of State is to be construed as if it were a reference to an officer of the Board.”.

(3) In regulation 3 (revision of decisions)—

(a) in paragraph (4), for “the Secretary of State” there shall be substituted “an officer of the Board”; and

(b) in paragraph (11), after sub-paragraph (b) there shall be inserted

• “; or

  (c)

  in the case of a contributions decision which falls within Part II of Schedule 3 to the Act(2), any National Insurance Contributions office of the Board or any office of the Department of Social Security; or

  (d)

  in the case of a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act(3), any National Insurance Contributions office of the Board.”.

(4) In regulation 33(2) (making of appeals and applications—meaning of “appropriate office”)—

(a) in sub-paragraph (c) after “office” there shall be inserted “of the Board, or any office of the Department of Social Security”; and

(b) after sub-paragraph (c) there shall be inserted the following sub-paragraph:—

“(cc) in the case of a decision made under the Pension Schemes Act 1993 by virtue of section 170(2) of that Act, any National Insurance Contributions office of the Board;”.

(1)

S.I. 1999/991, regulation 3 is amended by S.I. 1999/1623.

(2)

Schedule 3 is amended by paragraph 36 of Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) (“the Act”).

(3)

1993 c. 48; section 170 has been amended by paragraph 42 of Schedule 3, paragraph 70 of Schedule 5, and Part III of Schedule 7 to the Pensions Act 1995 (c. 26). A new section 170 is substituted by paragraph 131 of Schedule 7 to the Social Security Act 1998 (c. 14) and amended by section 16(2) of the Act.