61 Consultation about regulations.E+W+S
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)[F2Subject to section 61 of the Social Security Act 1986, where] the Secretary of State proposes to make any regulations for the purposes of
[F3(a)]Part III or IV of this Act
[F4[F5(b)Part I] of the Social Security Act 1986][F6or
(c)Schedule 5 to the Social Security Act 1989,
(other] than [F7regulations under section 51A(10) above] regulations prescribing actuarial tables or regulations [F8made for the purpose only of consolidating other regulations revoked thereby]) he shall refer the proposals, in the form of draft regulations or otherwise, to the Occupational Pensions Board.
(3)The Board shall consider any proposals referred to them under subsection (2) above and make a report to the Secretary of State containing such recommendations as they think fit with regard to the subject-matter of the proposals; and if after receiving the Board’s report the Secretary of State lays before Parliament regulations or draft regulations which comprise the whole or any part of the subject-matter of proposals referred to the Board he shall lay with the regulations or draft a copy of the report and a statement showing—
(a)the extent, if any, to which the Secretary of State has, in framing the regulations, given effect to the recommendations contained in the Board’s report; and
(b)in so far as he has not given effect to any such recommendations, his reasons for not doing so.
(4)In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury, any reference in this section to the Secretary of State shall be construed as a reference to him and the Treasury acting jointly.
(5)In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of subsection (3) above shall be deemed to be satisfied as respects either House of Parliament if a copy of the report and the statement referred to in that subsection are laid before that House not later than the second day on which the House sits after the laying of the regulations.
Textual Amendments
F1S. 61(1) repealed by Social Security Act 1980 (c. 30), Sch. 5, Pt. II
F2Words substituted by Social Security Act 1986 (c. 50), Sch. 10, para. 94(a)
F3 “(a)” inserted by Social Security Act 1989 (c. 24), Sch. 8, para. 12(1)(a)
F4Words inserted by Social Security Act 1986 (c. 50), Sch. 10, para. 94(b)
F5Words substituted by Social Security Act 1989 (c. 24), Sch. 8, para. 12(1)(b)
F6Words (including para. (c)) substituted by Social Security Act 1989 (c. 24), Sch. 8, para. 12(1)(c)
F7Words inserted by Social Security and Housing Benefits Act 1982 (c. 24), Sch. 4, para. 21
F8Words substituted by Social Security Act 1979 (c. 18), Sch. 3 para. 21