Part XIIIAdvisory Bodies And Consultation

The Social Security Advisory Committee and the Industrial Injuries Advisory Council

170The Social Advisory Committee

1

The Social Security Advisory Committee (in this Act referred to as “the Committee”) constituted under section 9 of the M1Social Security Act 1980 shall continue in being by that name—

a

to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Secretary of State in connection with the discharge of his functions under the relevant enactments;

b

to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Northern Ireland Department in connection with the discharge of its functions under the relevant Northern Ireland enactments; and

c

to perform such other duties as may be assigned to the Committee under any enactment.

2

Schedule 5 to this Act shall have effect with respect to the constitution of the Committee and the other matters there mentioned.

3

The Secretary of State may from time to time refer to the Committee for consideration and advice such questions relating to the operation of any of the relevant enactments as he thinks fit (including questions as to the advisability of amending any of them).

4

The Secretary of State shall furnish the Committee with such information as the Committee may reasonably require for the proper discharge of its functions.

5

In this Act—

  • “the relevant enactments” means—

    1. a

      the provisions of the Contributions and Benefits ActF1, this Act and the Social Security (Incapacity for Work) Act 1994, except as they apply to industrial injuries benefit and Old Cases payments;

    2. aa

      F2the provision of the Jobseekers Act 1995;

    3. ab

      F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. ac

      F3the provisions of the Social Security (Recovery of Benefits) Act 1997; and

    5. ad

      F4the provisions of Chapter II of Part I of the Social Security Act 1998 and section 72 of that Act;

    6. ae

      F5sections F24... , 72 and 79 of the Welfare Reform and Pensions Act 1999;

    7. af

      F6section 42 F24... and F29sections 69 and 70 of the Child Support, Pensions and Social Security Act 2000;

    8. ag

      F12F25sections 6A to 11 of the Social Security Fraud Act 2001;

    9. ah

      F16the provisions of the State Pension Credit Act 2002;

    10. ai

      F18section 7 of the Age-Related Payments Act 2004;

    11. aia

      F22the provisions of Part 1 of the Welfare Reform Act 2007;

    12. aj

      F20sections 32 and 33 of the Welfare Reform Act 2007;

    13. ak

      F30the provisions of Part 1 of the Welfare Reform Act 2012;

    14. al

      F27Part 4 of that Act;

    15. ala

      F36sections 96 to 97 of that Act; and

    16. am

      F34the provisions of Part 1 of the Pensions Act 2014;

    17. b

      the provisions of Part II of Schedule 3 to the Consequential Provisions Act, except as they apply to industrial injuries benefit; and

  • “the relevant Northern Ireland enactments” means—

    1. a

      the provisions of the Northern Ireland Contributions and Benefits Act and the Northern Ireland Administration Act, except as they apply to Northern Ireland industrial injuries benefit and payments under Part I of Schedule 8 to the Northern Ireland Contributions and Benefits Act; and

    2. aa

      F7any provisions in Northern Ireland which correspond to provisions of the Jobseekers Act 1995; and

    3. ab

      F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. ac

      F8any provisions in Northern Ireland which correspond to provisions of the Social Security (Recovery of Benefits) Act 1997; and

    5. ad

      F9any provision in Northern Ireland which correspond to provisions of Chapter II of Part I of the Social Security Act 1998 and section 72 of that Act;

    6. ae

      F10any provisions in Northern Ireland which correspond to sections F24..., 72 and 79 of the Welfare reform and Pensions Act 1999;

    7. af

      F11any provisions in Northern Ireland which correspond to section 42, any of F31sections 69 and 70 of the Child Support, Pensions and Social Security Act 2000; and

    8. ag

      F13any provisions in Northern Ireland which correspond to F26sections 6A to 11 of the Social Security Fraud Act 2001; and

    9. ah

      F17any provisions in Northern Ireland which correspond to provisions of the State Pension Credit Act 2002; and

    10. ai

      F19 Article 9 of the Age-Related Payments (Northern Ireland) Order 2004;

    11. aia

      F23any provisions in Northern Ireland which correspond to provisions of Part 1 of the Welfare Reform Act 2007;

    12. aj

      F21any provisions in Northern Ireland which correspond to sections 32 and 33 of the Welfare Reform Act 2007;

    13. ak

      F32any provisions in Northern Ireland which correspond to the provisions of Part 1 of the Welfare Reform Act 2012;

    14. al

      F28any provisions in Northern Ireland which correspond to Part 4 of that Act;

    15. ala

      F37any provisions in Northern Ireland which correspond to sections 96 to 97 of that Act;

    16. am

      F35any provisions in Northern Ireland which correspond to the provisions of Part 1 of the Pensions Act 2014;

    17. b

      the provisions of Part II of Schedule 3 to the M2Social Security (Consequential Provisions) (Northern Ireland) Act 1992, except as they apply to Northern Ireland industrial injuries benefit; and

    18. c

      F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    and in this definition—

    1. i

      “Northern Ireland Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

    2. ii

      “Northern Ireland industrial injuries benefit” means benefit under Part V of the Northern Ireland Contributions and Benefits Act other than under Schedule 8 to that Act.

171The Industrial Induries Advisory Council

1

The Industrial Injuries Advisory Council (in this Act referred to as “the Council”) constituted under section 62 of the M3National Insurance (Industrial Injuries) Act 1965 shall continue in being by that name.

2

Schedule 6 to this Act shall have effect with respect to the constitution of the Council and the other matters there mentioned.

3

The Secretary of State may from time to time refer to the Council for consideration and advice such questions as he thinks fit relating to industrial injuries benefit or its administration.

4

The Council may also give advice to the Secretary of State on any other matter relating to such benefit or its administration.

172Functions of Committee and Council in relation to regulations

1

Subject—

a

to subsection (3) below; and

b

to section 173 below,

where the Secretary of State proposes to make regulations under any of the relevant enactments he shall refer the proposals, in the form of draft regulations or otherwise to the Committee.

2

Subject—

a

to subsection (4) below; and

b

to section 173 below,

where the Secretary of State proposes to make regulations relating only to industrial injuries benefit or its administration, he shall refer the proposals, in the form of draft regulations or otherwise, to the Council for consideration and advice.

3

Subsection (1) above does not apply to the regulations specified in Part I of Schedule 7 to this Act.

4

Subsection (2) above does not apply to the regulations specified in Part II of that Schedule.

5

In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury, the reference in subsection (1) above to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.

173Cases in which consultation is not required

1

Nothing in any enactment shall require any proposals in respect of regulations to be referred to the Committee or the Council if—

a

it appears to the Secretary of State that by reason of the urgency of the matter it is inexpedient so to refer them; or

b

the relevant advisory body have agreed that they shall not be referred.

2

Where by virtue only of subsection (1)(a) above the Secretary of State makes regulations without proposals in respect of them having been referred, then, unless the relevant advisory body agrees that this subsection shall not apply, he shall refer the regulations to that body as soon as practicable after making them.

3

Where the Secretary of State has referred proposals to the Committee or the Council, he may make the proposed regulations before the Committee have made their report or, as the case may be the Council have given their advice, only if after the reference it appears to him that by reason of the urgency of the matter it is expedient to do so.

4

Where by virtue of this section regulations are made before a report of the Committee has been made, the Committee shall consider them and make a report to the Secretary of State containing such recommendations with regard to the regulations as the Committee thinks appropriate; and a copy of any report made to the Secretary of State on the regulations shall be laid by him before each House of Parliament together, if the report contains recommendations, with a statement—

a

of the extent (if any) to which the Secretary of State proposes to give effect to the recommendations; and

b

in so far as he does not propose to give effect to them, of his reasons why not.

5

Except to the extent that this subsection is excluded by an enactment passed after 25th July 1986, nothing in any enactment shall require the reference to the Committee or the Council of any regulations contained in either—

a

a statutory instrument made before the end of the period of 6 months beginning with the coming into force of the enactment under which those regulations are made; or

b

a statutory instrument—

i

which states that it contains only regulations made by virtue of, or consequential upon, a specified enactment; and

ii

which is made before the end of the period of 6 months feginning with the coming into force of that specified enactment.

6

In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury, any reference made in this section to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.

7

In this section “regulations” means regulations under any enactment, whenever passed.

174Committee's report on regulations and Secretary of State's duties

1

The Committee shall consider any proposals referred to it by the Secretary of State under section 172 above and shall make to the Secretary of State a report containing such recommendations with regard to the subject-matter of the proposals as the Committee thinks appropriate.

2

If after receiving a report of the Committee the Secretary of State lays before Parliament any regulations or draft regulations which comprise the whold or any part of the subject-matter of the proposals referred to the Committee, he shall lay with the regulations or draft regulations a copy of the Committee's report and a statement showing—

a

the extent (if any) to which he has, in framing the regulations, given effect to the Committee's recommendations; and

b

in so far as effect has not been given to them, his reasons why not.

3

In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of subsection (2) above shall be satisfied as respects either House of Parliament if a copy of the report and statement there referred to are laid before that House not later than the second day on which the House sits after the laying of the regulations.

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 the Secretary of State and the Treasury.