Social Security (Miscellaneous Provisions) Act 1977

Section 10.

SCHEDULE 1 Provisions connected with revocation of Silicosis Schemes and abolition of boards administering pneumoconiosis etc and Supplementation Schemes

PART I Provisions connected with revocation of Silicosis Schemes

1 All money and securities belonging to either of the general compensation funds established under the [S.R. & O. 1931 Nos. 345, 346.] Refractories Industries (Silicosis) Scheme 1931 and the Sandstone Industry (Silicosis) Scheme 1931 shall be transferred to the National Insurance Fund.

2 The Secretary of State shall make a scheme providing for the payment, notwithstanding anything in section 6 of the Old Cases Act (which restricts the scope of certain schemes under that Act), of benefit under the [S.I. 1966 No. 164.] Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966 to persons who, immediately before the coming into force of section 10(1) of this Act, were entitled to benefit under a scheme mentioned in the preceding paragraph.

3 A scheme in pursuance of the preceding paragraph may, notwithstanding anything in the said section 6, contain provision for the payment of benefit under the said Scheme of 1966 to persons who, immediately before the coming into force of the said section 10(1), had claimed but not become entitled to benefit under a scheme mentioned in paragraph 1 of this Schedule.

4 The Secretary of State may make a scheme containing such provision, in addition to any provision made by virtue of paragraph 2 or 3 of this Schedule, as he considers appropriate in anticipation or in consequence of the coming into force of the said section 10(1); and, without prejudice to the generality of the preceding provisions of this paragraph, a scheme in pursuance of this paragraph may provide for the making out of the National Insurance Fund of payments representing any part of the assets transferred to that Fund by virtue of paragraph 1 of this Schedule.

5 Any power to make a scheme conferred by the preceding provisions of this Schedule—

(a) includes power to make by the scheme such incidental or supplemental provision as the Secretary of State considers appropriate for the purposes of the scheme ;

(b) includes power to vary or revoke a scheme made under those provisions by a subsequent scheme so made; and

(c) shall be exercisable by statutory instrument;

and any statutory instrument made by virtue of this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6 If the said Scheme of 1966 is replaced by a subsequent scheme under section 5 of the Old Cases Act, the subsequent scheme and any further scheme under that section may contain any provision which the Secretary of State considers corresponds to a provision required by paragraph 2 or authorised by paragraph 3 of this Schedule.

PART II Provisions connected with abolition of boards administering Pneumoconiosis etc and Supplementation Schemes

7 Subject to the following paragraph, the functions conferred by the [S.I. 1966 Nos. 164, 165.] Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966 on the Administrative Board established by Article 11 of that scheme and the functions conferred by the Workmen's Compensation (Supplementation) Scheme 1966 on the Board established by Article 11 of that scheme are hereby transferred to the Secretary of State, except that any question relating to any allowance or benefit under either scheme shall be determined as if it had arisen under the principal Act.

8 The preceding paragraph shall not affect any function which, under a scheme mentioned in that paragraph, is a function of the Medical Board appointed under the [S.R. & O. 1931 No. 341.] Silicosis and Asbestosis (Medical Arrangements) Scheme 1931 and shall not affect any determination of that Board.

9 The provisions of section 10(2) of this Act and paragraphs 7 and 8 of this Schedule are without prejudice to the powers conferred by the Old Cases Act to vary or revoke schemes in force under that Act, and a scheme made under that Act after the passing of this Act may repeal those paragraphs.