Part XIII General
Interpretation
C3172 Application of Act in relation to territorial waters.
In this Act—
a
any reference to Great Britain includes a reference to the territorial waters of the United Kingdom adjacent to Great Britain;
b
any reference to the United Kingdom includes a reference to the territorial waters of the United Kingdom.
C4173 Age.
For the purposes of this Act a person—
a
is over or under a particular age if he has or, as the case may be, has not attained that age; and
b
is between two particular ages if he has attained the first but not the second;
and in Scotland (as in England and Wales) the time at which a person attains a particular age expressed in years is the commencement of the relevant anniversary of the date of his birth.
174 References to Acts.
In this Act—
“the 1975 Act” means the M1Social Security Act 1975;
“the 1986 Act” means the M2Social Security Act 1986;
“the Administration Act” means the M3Social Security Administration Act 1992;
“the Consequential Provisions Act” means the M4Social Security (Consequential Provisions) Act 1992;
“the Northern Ireland Contributions and Benefits Act” M5means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“the Old Cases Act” means the M6Industrial Injuries and Diseases (Old Cases) Act 1975; and
“the Pensions Act” means the F2Pension Schemes Act 1993.
Subordinate legislation
175 Regulations, orders and schemes.
1
Subject to F12subsection (1A) below, regulations and orders under this Act shall be made by the Secretary of State.
F131A
Subsection (1) above has effect subject to—
a
F21b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Powers under this Act to make regulations, orders or schemes shall be exercisable by statutory instrument.
C5C63
Except in the case of an order under section 145(3) above and in so far as this Act otherwise provides, any power under this Act to make regulations or an order may be exercised—
a
either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;
b
so as to make, as respects the cases in relation to which it is exercised—
i
the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
ii
the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,
iii
any such provision either unconditionally or subject to any specified condition;
and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make regulations or an order for the purposes of any one provision of this Act are without prejudice to powers to make regulations or an order for the purposes of any other provision.
C5C64
Without prejudice to any specific provision in this Act, any power conferred by this Act to make regulations or an order (other than the power conferred in section 145(3) above) includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the F14person making the regulations or order to be expedient for the purposes of the regulations or order.
C5C65
Without prejudice to any specific provisions in this Act, a power conferred by any provision of this Act except—
a
sections 30, 47(6), F825B(2)(a) and 145(3) above and paragraph 3(9) of Schedule 7 to this Act;
b
section 122(1) above in relation to the definition of “payments by way of occupational or personal pension”; and
c
Part XI,
to make regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.
6
7
Any power of the Secretary of State under any provision of this Act, except the provisions mentioned in subsection (5)(a) and (b) above and Part IX, to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.
8
Any power under any of sections 116 to 120 above to modify provisions of this Act or the Administration Act extends also to modifying so much of any other provision of this Act or that Act as re-enacts provisions of the 1975 Act which replaced provisions of the National Insurance (Industrial Injuries) Acts 1965 to 1974.
9
A power to make regulations under any of sections 116 to 120 above shall be exercisable in relation to any enactment passed after this Act which is directed to be construed as one with this Act; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and is without prejudice to the generality of any such direction.
10
Any reference in this section or section 176 below to an order or regulations under this Act includes a reference to an order or regulations made under any provision of an enactment passed after this Act and directed to be construed as one with this Act; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and without prejudice to the generality of any such direction.
176 Parliamentary control.
1
Subject to the provisions of this section, a statutory instrument containing (whether alone or with other provisions)—
F26za
regulations under section 5 specifying the lower earnings limit for the tax year following the designated tax year (see section 5(4) of the Pensions Act 2007) or any subsequent tax year;
F31zb
regulations under section 5 specifying the upper earnings limit;
a
regulations made by virtue of—
F23section 4B(2);
section 4C;
F36section 9A(7);
F25section 10ZC;
F39section 11(8) or (9)
F38section 14A;
section 18;
F35section 18A;
section 19(4) to (6);
section 28(3);
F17section 30DD(5)(b) or (c);
F9...
F38section 45(2A);
F9...
section 104(3);
section 117;
section 118;
F29...
section 145;
F4...
F19section 171ZE(1);
F41...
F40...
F37any of sections 171ZU to 171ZY;
F27aa
the first regulations made by virtue of section 23A(3)(c);
F33ab
the first regulations made by virtue of section 130A(5) or (6);
b
regulations prescribing payments for the purposes of the definition of “payments by way of occupational or personal pension” in section 122(1) above;
F22bb
regulations prescribing a percentage rate for the purposes of—
i
paragraph 3B(3) or 7B(3) of Schedule 5, or
ii
paragraph 5(3) of Schedule 5A;
c
shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House.
2
Subsection (1) above does not apply to a statutory instrument by reason only that it contains—
a
regulations under section 117 which the instrument states are made for the purpose of making provision consequential on the making of an order under section 141, 143, 145, 146 or 162 of the Administration Act;
b
regulations under powers conferred by any provision mentioned in paragraph (a) of that subsection F6... which are to be made for the purpose of consolidating regulations to be revoked in the instrument;
c
regulations which, in so far as they are made under powers conferred by any provision mentioned in paragraph (a) of that subsection (other than section 145 F7...), only replace provisions of previous regulations with new provisions to the same effect.
F242A
In the case of a statutory instrument containing (whether alone or with other provisions) regulations made by virtue of section 4B(2) to which subsection (1) above applies, the draft of the instrument must be laid before Parliament before the end of the period of 12 months beginning with the appropriate date.
2B
For the purposes of subsection (2A), the “appropriate date” means—
a
where the corresponding retrospective tax provision was passed or made before the day on which the National Insurance Contributions Act 2006 was passed, the date upon which that Act was passed, and
b
in any other case, the date upon which the corresponding retrospective tax provision was passed or made.
2C
For the purposes of subsection (2B), “the corresponding retrospective tax provision” in relation to the regulations means—
a
the retrospective tax provision mentioned in subsection (1) of section 4B in relation to which the regulations are to be made by virtue of subsection (2) of that section, or
b
where there is more than one such tax provision, whichever of those provisions was the first to be passed or made.
C23
A statutory instrument—
a
which contains (whether alone or with other provisions) any order, regulations or scheme made under this Act by the Secretary of State, F15the Treasury or the Commissioners of Inland Revenue, other than an order under section 145(3) above; and
b
which is not subject to any requirement that a draft of the instrument shall be laid before and approved by a resolution of each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F184
Subsection (3) above does not apply to a statutory instrument by reason only that it contains an order appointing the first or second appointed year F28or designating the flat rate introduction year (within the meanings given by section 122(1) above).
Short title, commencement and extent
177 Short title, commencement and extent.
1
This Act may be cited as the Social Security Contributions and Benefits Act 1992.
2
This Act is to be read, where appropriate, with the Administration Act and the Consequential Provisions Act.
3
The enactments consolidated by this Act are repealed, in consequence of the consolidation, by the Consequential Provisions Act.
4
Except as provided in Schedule 4 to the Consequential Provisions Act, this Act shall come into force on 1st July 1992.
5
The following provisions extend to Northern Ireland—
section 16 and Schedule 2;
section 116(2); and
this section.
6
Except as provided by this section, this Act does not extend to Northern Ireland.