SCHEDULES
C1C2SCHEDULE 1Penalties: procedure and appeals
Sch. 1 applied (with modifications) by 1992 c. 5, s. 113B(4)(5) (as inserted (6.4.2005) by National Insurance Contributions and Statutory Payments Act 2004 (c. 3), ss. 9(5), 13; S.I. 2004/1943, art. 4(c))
1Determination of penalties by officer of Board
1
Subject to sub-paragraph (2) and except where proceedings have been instituted under paragraph 5, an officer of the Board authorised by the Board for the purposes of this paragraph may make a determination—
a
imposing a penalty under section 11 or 12, and
b
setting it at such amount as, in his opinion, is correct or appropriate.
2
Sub-paragraph (1) does not apply to the imposition of such a penalty as is mentioned in section 11(2)(a).
3
Notice of a determination of a penalty under this paragraph shall be served on the person liable to the penalty and shall state the date on which it is issued and the time within which an appeal against the determination may be made.
4
After the notice of a determination under this paragraph has been served the determination shall not be altered except in accordance with this paragraph or on appeal.
5
If it is discovered by an officer of the Board authorised by the Board for the purposes of this paragraph that the amount of a penalty determined under this paragraph is or has become insufficient, the officer may make a determination in a further amount so that the penalty is set at the amount which, in his opinion, is correct or appropriate.
2Provisions supplementary to paragraph 1
1
A penalty determined under paragraph 1 above shall be due and payable at the end of the period of thirty days beginning with the date of the issue of the notice of determination.
2
Part 6 of the Taxes Management Act 1970 (c. 9) shall apply in relation to a penalty determined under paragraph 1 as if it were tax charged in an assessment and due and payable.
3Appeals against penalty determinations
1
An appeal may be brought against the determination of a penalty under paragraph 1.
2
The provisions of the Taxes Management Act 1970 relating to appeals, except section 50(6) to (8), shall have effect in relation to an appeal against such a determination as they have effect in relation to an appeal against an assessment to taxF17except that references to the tribunal shall be taken to be references to the First-tier Tribunal.
3
On an appeal by virtue of sub-paragraph (2) against the determination of a penalty under paragraph 1, the F18First-tier Tribunal may—
a
if it appears F19... that no penalty has been incurred, set the determination aside;
b
if the amount determined appears F19... to be appropriate, confirm the determination;
c
F164
In addition to any right of appeal on a point of law under section 11(2) of the Tribunals, Courts and Enforcement Act 2007, the person liable to the penalty may appeal to the Upper Tribunal against the amount of the penalty which had been determined under sub-paragraph (3), but not against any decision which falls under section 11(5)(d) or (e) of that Act and was made in connection with the determination of the amount of the penalty.
4A
Section 11(3) and (4) of the Tribunals, Courts and Enforcement Act 2007 applies to the right of appeal under sub-paragraph (4) as it applies to the right of appeal under section 11(2) of that Act.
4B
On an appeal under this paragraph the Upper Tribunal has the like jurisdiction as is conferred on the First-tier Tribunal by virtue of this paragraph.
I64Penalty proceedings before F12First-tier Tribunal
1
An officer of the Board authorised by the Board for the purposes of this paragraph may commence proceedings for any penalty to which sub-paragraph (1) of paragraph 1 does not apply by virtue of sub-paragraph (2) of that paragraph.
F132
The person liable to the penalty shall be a party to the proceedings.
3
Part 6 of the Taxes Management Act 1970 (c. 9) shall apply in relation to a penalty determined in proceedings under this paragraph as if it were tax charged in an assessment and due and payable.
F144
In addition to any right of appeal on a point of law under section 11(2) of the Tribunals, Courts and Enforcement Act 2007, the person liable to the penalty may appeal to the Upper Tribunal against the determination of a penalty in proceedings under sub-paragraph (1), but not against any decision which falls under section 11(5)(d) or (e) of that Act and was made in connection with the determination of the amount of the penalty.
4A
Section 11(3) and (4) of the Tribunals, Courts and Enforcement Act 2007 applies to the right of appeal under sub-paragraph (4) as it applies to the right of appeal under section 11(2) of that Act.
5
On any such appeal the F15Upper Tribunal may—
a
if it appears that no penalty has been incurred, set the determination aside;
b
if the amount determined appears to be appropriate, confirm the determination;
c
if the amount determined appears to be excessive, reduce it to such other amount (including nil) as the F15Upper Tribunal considers appropriate;
d
if the amount determined appears to be insufficient, increase it to such amount not exceeding the permitted maximum as the F15Upper Tribunal considers appropriate.
I75Penalty proceedings before court
1
Where in the opinion of the Board the liability of any person for a penalty under section 11 or 12 arises by reason of the fraud of that or any other person, proceedings for the penalty may be instituted before the High Court or, in Scotland, the Court of Session as the Court of Exchequer in Scotland.
2
Subject to sub-paragraph (3), proceedings under this paragraph shall be instituted—
a
in England and Wales, in the name of the Attorney General, and
b
in Scotland, in the name of the Advocate General for Scotland.
3
Sub-paragraph (2) shall not prevent proceedings under this paragraph being instituted in England and Wales under the Crown Proceedings Act 1947 (c. 44) by and in the name of the Board as an authorised department for the purposes of that Act.
4
Any proceedings under this paragraph instituted in England and Wales shall be deemed to be civil proceedings by the Crown within the meaning of Part 2 of the Crown Proceedings Act 1947.
5
If in proceedings under this paragraph the court does not find that fraud is proved but considers that the person concerned is nevertheless liable to a penalty, the court may determine a penalty notwithstanding that, but for the opinion of the Board as to fraud, the penalty would not have been a matter for the court.
I86Mitigation of penalties
The Board may in their discretion mitigate any penalty under section 11 or 12, or stay or compound any proceedings for a penalty, and may also, after judgment, further mitigate or entirely remit the penalty.
7Time limits for penalties
A penalty under section 11 or 12 may be determined by an officer of the Board, or proceedings for the penalty may be commenced before the F22tribunal or the court, at any time within six years after the date on which the penalty was incurred or began to be incurred.
8Interest on penalties
1
After paragraph (p) of section 178(2) of the Finance Act 1989 (c. 26) (setting rates of interest) there shall be inserted—
q
paragraph 8 of Schedule 1 to the Employment Act 2002.
2
A penalty under section 11 or 12 shall carry interest at the rate applicable under section 178 of the Finance Act 1989 from the date on which it becomes due and payable until payment.
9Interpretation
In this Schedule—
“the Board” means the Commissioners of Inland Revenue;
F23............
SCHEDULE 2Statutory dispute resolution procedures
F24...
Schs. 2-4 repealed (6.4.2009) by Employment Act 2008 (c. 24), ss. 1, 22(1)(a), Sch. Pt. 1; S.I. 2008/3232, art. 2 (with art. 3Sch.)
......
......
F24SCHEDULE 3Tribunal jurisdictions to which section 31 applies
Section 2 of the Equal Pay Act 1970 (c. 41) (equality clauses)
Section 63 of the Sex Discrimination Act 1975 (c. 65) (discrimination in the employment field)
Section 54 of the Race Relations Act 1976 (c. 74) (discrimination in the employment field)
Section 145A of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements relating to union membership or activities) Section 145B of that Act (inducements relating to collective bargaining) Section 146 of that Act (detriment in relation to union membership and activities)
Paragraph 156 of Schedule A1 to that Act (detriment in relation to union recognition rights)
Section 17A of the Disability Discrimination Act 1995 (discrimination in the employment field)
Section 23 of the Employment Rights Act 1996 (c. 18) (unauthorised deductions and payments)
Section 48 of that Act (detriment in employment)
Section 111 of that Act (unfair dismissal)
Section 163 of that Act (redundancy payments)
Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage)
...
The Employment Tribunal Extension of Jurisdiction (England and Wales) Order 1994 ( S.I. 1994/1623) (breach of employment contract and termination)
The Employment Tribunal Extension of Jurisdiction (Scotland) Order 1994 ( S.I. 1994/1624) (corresponding provision for Scotland)
Regulation 30 of the Working Time Regulations 1998 ( S.I. 1998/1833) (breach of regulations)
Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 ( S.I. 1999/3323) (detriment relating to European Works Councils)
Regulation 28 of the Employment Equality (Sexual Orientation) Regulations 2003 (discrimination in the employment field)
Regulation 28 of the Employment Equality (Religion or Belief) Regulations 2003 (discrimination in the employment field)
Regulation 45 of the European Public Limited-Liability Company Regulations 2004 ( S.I. 2004/2326 ) (detriment in employment).
Regulation 33 of the Information and Consultation of Employees Regulations 2004 ( S.I. 2004/3426 ) (detriment in employment).
Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ( S.I. 2006/349 ) (detriment in employment)
Regulation 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (detriment in relation to involvement in a European Cooperative Society)
Regulation 36 of the Employment Equality (Age) Regulations 2006 (discrimination in the employment field)
Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment in relation to special negotiating body or employee participation)
Regulation 17 of the Cross-border Railways Services (Working Time) Regulations 2008 (breach of regulations)
F24SCHEDULE 4Tribunal jurisdictions to which section 32 applies
Section 2 of the Equal Pay Act 1970 (c. 41) (equality clauses)
Section 63 of the Sex Discrimination Act 1975 (c. 65) (discrimination in the employment field)
Section 54 of the Race Relations Act 1976 (c. 74) (discrimination in the employment field)
Section 145A of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements relating to union membership or activities) Section 145B of that Act (inducements relating to collective bargaining) Section 146 of that Act (detriment in relation to union membership and activities)
Paragraph 156 of Schedule A1 to that Act (detriment in relation to union recognition rights)
Section 17A of the Disability Discrimination Act 1995 (discrimination in the employment field)
Section 23 of the Employment Rights Act 1996 (c. 18) (unauthorised deductions and payments)
Section 48 of that Act (detriment in employment)
Section 111 of that Act (unfair dismissal)
Section 163 of that Act (redundancy payments)
Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage)
...
Regulation 30 of the Working Time Regulations 1998 (S.I. 1998/1833) (breach of regulations)
Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (detriment relating to European Works Councils)
Regulation 28 of the Employment Equality (Sexual Orientation) Regulations 2003 (discrimination in the employment field)
Regulation 28 of the Employment Equality (Religion or Belief) Regulations 2003 (discrimination in the employment field)
Regulation 45 of the European Public Limited-Liability Company Regulations 2004 ( S.I. 2004/2326 ) (detriment in employment)
Regulation 33 of the Information and Consultation of Employees Regulations 2004 ( S.I. 2004/3426 ) (detriment in employment)
Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ( S.I. 2006/349 ) (detriment in employment)
Regulation 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (detriment in relation to involvement in a European Cooperative Society)
Regulation 36 of the Employment Equality (Age) Regulations 2006 (discrimination in the employment field)
Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment in relation to special negotiating body or employee participation)
Regulation 17 of the Cross-border Railways Services (Working Time) Regulations 2008 (breach of regulations)
I50F5SCHEDULE 5Tribunal jurisdictions to which section 38 applies
Sch. 5 in force at 1.10.2004 by S.I. 2004/1717, art. 2(2)
Words in Sch. 5 substituted (3.7.2003 for specified purposes, 1.10.2004 in so far as not already in force) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), reg. 1(2)(3)31(3)
I50F5
F30...
F31...
F32...
F6Section 145A of the Trade Union and Labour Relations (Consolidation) Act 1992 (inducements relating to union membership or activities) Section 145B of that Act (inducements relating to collective bargaining) Section 146 of that Act (detriment in relation to union membership and activities)
Paragraph 156 of Schedule A1 to that Act (detriment in relation to union recognition rights)
F33...
Section 23 of the Employment Rights Act 1996 (c. 18) (unauthorised deductions and payments)
Section 48 of that Act (detriment in employment)
Section 111 of that Act (unfair dismissal)
Section 163 of that Act (redundancy payments)
Section 24 of the National Minimum Wage Act 1998 (c. 39) (detriment in relation to national minimum wage)
F1...
The Employment Tribunal Extension of Jurisdiction (England and Wales) Order 1994 (S.I. 1994/1623) (breach of employment contract and termination)
The Employment Tribunal Extension of Jurisdiction (Scotland) Order 1994 (S.I. 1994/1624) (corresponding provision for Scotland)
Regulation 30 of the Working Time Regulations 1998 (S.I. 1998/1833) (breach of regulations)
Regulation 32 of the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323) (detriment relating to European Works Councils)
F34...
F35...
F9 Regulation 45 of the European Public Limited-Liability Company Regulations 2004 ( S.I. 2004/2326 ) (detriment in employment)
Regulation 33 of the Information and Consultation of Employees Regulations 2004 ( S.I. 2004/3426 ) (detriment in employment)
Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ( S.I. 2006/349 ) (detriment in employment)
F8Regulation 34 of the European Cooperative Society (Involvement of Employees) Regulations 2006 (detriment in relation to involvement in a European Cooperative Society)
F36...
F10Regulation 51 of the Companies (Cross-Border Mergers) Regulations 2007 (detriment in relation to special negotiating body or employee participation)
F11Regulation 17 of the Cross-border Railways Services (Working Time) Regulations 2008 (breach of regulations)
F37“Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)”.
SCHEDULE 6Use of information for, or relating to, employment and training
1Supply and use of employment or training information by Secretary of State etc.
In section 3 of the Social Security Act 1998 (c. 14) (use of information)—
F7a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
in subsection (4), at the end there is inserted “or the Department for Employment and Learning in Northern Ireland”.
2
In section 122C of the Social Security Administration Act 1992 (c. 5) (supply of information to authorities administering benefit)—
a
in subsection (1), after “social security” there is inserted “
, child support or war pensions, or employment or training,
”
; and
b
after subsection (7) there is inserted—
8
In this section and section 122D below “war pension” has the same meaning as in section 25 of the Social Security Act 1989.
3
In section 122D of that Act (supply of information by authorities administering benefit), in subsection (1), after “social security” there is inserted “
, child support or war pensions, or employment or training
”
.
4
Section 3(3) of the Social Security Act 1998 (c. 14) (which is superseded by paragraphs 2 and 3) shall cease to have effect.
5Supply of tax information for employment or training purposes
In section 122 of the Social Security Administration Act 1992 (c. 5) (supply of information held by tax authorities for fraud prevention and verification)—
a
in subsection (2), after paragraph (a) there is inserted—
aa
for use in the prevention, detection, investigation or prosecution of offences relating to payments under section 2 of the Employment and Training Act 1973 (c. 50) or other payments by or to the Secretary of State for any purposes connected with employment or training;
b
in that subsection, after paragraph (b) there is inserted
or
c
for use in checking the accuracy of information relating to employment or training and (where appropriate) amending or supplementing such information.
c
in subsection (4), after “paragraph (b)” there is inserted “
or (c)
”
.
6
After that section there is inserted—
122ZA Supply of tax information to assess certain employment or training schemes
1
This section applies to information which—
a
relates to the commencement or cessation of employment or self-employment of persons who have participated in any designated employment or training scheme; and
b
is required by the Secretary of State or the Northern Ireland Department in order to assess policy relating to such schemes.
2
In subsection (1) “designated employment or training scheme” means any scheme which—
a
is operated by the Secretary of State or the Northern Ireland Department (whether under arrangements with any other person or not) for any purposes connected with employment or training; and
b
is designated by the Secretary of State for the purposes of this section.
3
In subsection (1) the reference to the commencement or cessation of the self-employment of any person is a reference to the commencement or cessation of any trade, profession or vocation carried on by him.
4
No obligation as to secrecy imposed by statute or otherwise on a person employed in relation to the Inland Revenue shall prevent any such information obtained or held in connection with the assessment or collection of income tax from being disclosed to—
a
the Secretary of State;
b
the Northern Ireland Department; or
c
an officer of either of them authorised to receive such information for the purposes of this section.
5
This section extends only to disclosure by or under the authority of the Inland Revenue.
6
Information which is the subject of disclosure to any person by virtue of this section shall not be further disclosed to any person except where the further disclosure is made—
a
to a person to whom disclosure could be made by virtue of subsection (4); or
b
for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers Act 1995 (c. 18) or this Act or to any provision of Northern Ireland legislation corresponding to any of them.
7
In section 116 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (supply of information held by tax authorities for fraud prevention and verification)—
a
in subsection (2), after paragraph (a) there is inserted—
aa
for use in the prevention, detection, investigation or prosecution of offences relating to payments under section 1 of the Employment and Training Act (Northern Ireland) 1950 (c. 29) or other payments by or to the Department for Employment and Learning for any purposes connected with employment or training;
b
in that subsection, after paragraph (b) there is inserted
or
c
for use in checking the accuracy of information relating to employment or training and (where appropriate) amending or supplementing such information.
c
in subsection (4), after “paragraph (b)” there is inserted “
or (c)
”
.
8
After that section there is inserted—
116ZA Supply of tax information to assess certain employment or training schemes
1
This section applies to information which—
a
relates to the commencement or cessation of employment or self-employment of persons who have participated in any designated employment or training scheme; and
b
is required by the Department or the Secretary of State in order to assess policy relating to such schemes.
2
In subsection (1) “designated employment or training scheme” means any scheme which—
a
is operated by the Department or the Secretary of State (whether under arrangements with any other person or not) for any purposes connected with employment or training; and
b
is designated by the Department for the purposes of this section.
3
In subsection (1) the reference to the commencement or cessation of the self-employment of any person is a reference to the commencement or cessation of any trade, profession or vocation carried on by him.
4
No obligation as to secrecy imposed by statute or otherwise on a person employed in relation to the Inland Revenue shall prevent any such information obtained or held in connection with the assessment or collection of income tax from being disclosed to—
a
the Department;
b
the Secretary of State; or
c
an officer of either of them authorised to receive such information for the purposes of this section.
5
This section extends only to disclosure by or under the authority of the Inland Revenue.
6
Information which is the subject of disclosure to any person by virtue of this section shall not be further disclosed to any person except where the further disclosure is made—
a
to a person to whom disclosure could be made by virtue of subsection (4); or
b
for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers (Northern Ireland) Order 1995 or this Act or to any enactment applying in Great Britain corresponding to any of them.
F29Supply of Inland Revenue tax credits information for employment or training purposes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F310Supply to Inland Revenue of employment or training information for purposes of tax credits
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11Supply of other Inland Revenue information for employment or training purposes
In section 121E of the Social Security Administration Act 1992 (c. 5) (supply of contributions etc. information held by Inland Revenue)—
a
in subsection (2)—
i
after “and” there is inserted “
(subject to subsection (2A))
”
; and
ii
at the end there is inserted “
, or employment or training
”
;
b
after that subsection there is inserted—
2A
An authorised officer may not require the supply under subsection (2) of information for use for the purposes of functions relating to employment or training.
and
c
in subsection (3), for “subsection (2)” there is substituted “
this section
”
.
12
In section 115D of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (supply of contributions etc. information held by Inland Revenue)—
a
in subsection (2)—
i
after “and” there is inserted “
(subject to subsection (2A))
”
; and
ii
at the end there is inserted “
or employment or training
”
;
b
after that subsection there is inserted—
2A
An authorised officer may not require the supply under subsection (2) of information for use for the purposes of functions relating to employment or training.
and
c
in subsection (3), for “subsection (2)” there is substituted “
this section
”
.
13Supply to Inland Revenue of employment or training information for other purposes
In section 121F of the Social Security Administration Act 1992 (supply to Inland Revenue for purposes of contributions etc. of information held by Secretary of State)—
a
in subsection (1), after “war pensions” there is inserted “
, or employment or training
”
;
b
in subsection (2), after “and” there is inserted “
(subject to subsection (2A))
”
; and
c
after that subsection there is inserted—
2A
An officer of the Inland Revenue may not require the supply under subsection (2) of information which is held for the purposes of functions relating to employment or training.
14
In section 115E of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (supply to Inland Revenue for purposes of contributions etc. of information held by Department or Secretary of State)—
a
in subsection (1), after “child support” there is inserted “
or employment or training
”
;
b
in subsection (2), after “and” there is inserted “
(subject to subsection (2A))
”
; and
c
after that subsection there is inserted—
2A
An officer of the Inland Revenue may not require the supply under subsection (2) of information which is held for the purposes of functions relating to employment or training.
SCHEDULE 7Minor and consequential amendments
1Finance Act 1989 (c. 26)
1
Section 182 of the Finance Act 1989 (disclosure of information) is amended as follows.
2
In each of the following provisions—
a
subsection (1)(c) (offence of disclosure of information relevant to statutory sick pay or maternity pay held in the exercise of social security functions),
b
subsection (2A)(a) (meaning of social security functions),
c
subsection (4)(c)(iii) (offence of disclosure of information relevant to statutory sick pay or maternity pay held in the exercise of certain other functions), and
d
subsection (5)(b) (defence of disclosure with consent),
for “or statutory maternity pay” there is substituted “
, statutory maternity pay, statutory paternity pay or statutory adoption pay
”
.
3
After subsection (11) there is inserted—
11A
In this section, references to statutory paternity pay or statutory adoption pay include statutory pay under Northern Ireland legislation corresponding to Part 12ZA or Part 12ZB of the Social Security Contributions and Benefits Act 1992 (c. 4).
I12Social Security Contributions and Benefits Act 1992 (c. 4)
The Social Security Contributions and Benefits Act 1992 is amended as follows.
F253
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I94
1
Section 35 (maternity allowance) is amended as follows.
2
In subsection (1), for paragraph (c) there is substituted—
c
her average weekly earnings (within the meaning of section 35A below) are not less than the maternity allowance threshold for the tax year in which the beginning of the period of 66 weeks mentioned in paragraph (b) above falls;
3
In subsection (3)(c), for “above or in section 35A(2) or (3) below” there is substituted “
or (c) above
”
.
4
After subsection (6) there is inserted—
6A
In this section “the maternity allowance threshold”, in relation to a tax year, means (subject to subsection (6B) below) £30.
6B
The Secretary of State may, in relation to any tax year after 2001-2002, by order increase the amount for the time being specified in subsection (6A) above to such amount as is specified in the order.
6C
When deciding whether, and (if so) by how much, to increase the amount so specified the Secretary of State shall have regard to the movement, over such period as he thinks fit, in the general level of prices obtaining in Great Britain (estimated in such manner as he thinks fit).
6D
The Secretary of State shall in each tax year carry out such a review of the amount for the time being specified in subsection (6A) above as he thinks fit.
I105
In section 35A (appropriate weekly rate of maternity allowance), for subsections (6) to (8) there is substituted—
6
In this section “the maternity allowance threshold” has the same meaning as in section 35 above and “specified” means prescribed by or determined in accordance with regulations.
I116
In section 164 (statutory maternity pay – entitlement and liability to pay), in subsection (10)(b), for “section 166(2)” there is substituted “
section 166(1) and (2)
”
.
7
In section 176 (Parliamentary control), in subsection (1)(a)
(affirmative procedure: regulations), at the end there is inserted “
section 171ZE(1); section 171ZN(1.
”
I13I338Social Security Administration Act 1992 (c. 5)
The Social Security Administration Act 1992 is amended as follows.
I349
1
Section 2B (supplementary provisions about work-focused interviews) is amended as follows.
2
In subsection (1), after “relevant decisions” there is inserted “
made under regulations under section 2A or 2AA
”
.
3
In subsection (2), for the words from “is a” to “2A above” there is substituted “
, in relation to regulations under section 2A above, is a decision
”
.
4
After subsection (2) there is inserted—
2A
For the purposes of this section a “relevant decision”, in relation to regulations under section 2AA above, is a decision that—
a
the partner of a person entitled to a benefit has failed to comply with a requirement to take part in an interview which applied to the partner by virtue of the regulations, or
b
it has not been shown, within the prescribed period mentioned in section 2AA(4)(f)(ii) above, that the partner had good cause for such a failure.
5
In subsections (3), (5)(a) and (9), after “section 2A” there is inserted “
or 2AA
”
.
I3510
In section 2C (optional work-focused interviews), in subsection (2)—
a
for the words from “persons” (in the first place it appears) to the end of paragraph (b) there is substituted
—
a
persons making claims for or entitled to any of the benefits listed in section 2A(2) above or any prescribed benefit; and
b
partners of persons entitled to any of the benefits listed in section 2AA(2) above or any prescribed benefit;
b
after “section 2A” there is inserted “
or 2AA
”
.
11
In section 5 (regulations about claims for and payments of benefit), in subsection (5)
(application to statutory sick pay and statutory maternity pay), for “and statutory maternity pay” there is substituted “
, statutory maternity pay, statutory paternity pay and statutory adoption pay
”
.
12
In section 7A (sharing of functions as regards claims and information)—
a
in subsection (2), after “social security”
(in each place) there is inserted “
or work
”
;
b
in subsection (6), for paragraph (e) there is substituted—
e
“social security or work matters” means matters relating to—
i
social security, child support or war pensions, or
ii
employment or training;
13
In section 122AA (disclosure of information by the Inland Revenue), in subsection (1)
(which permits the disclosure of information relating to statutory sick pay and maternity pay by the Board to certain authorities, or in connection with certain agreements with countries outside the United Kingdom), for “or statutory maternity pay” there is substituted “
, statutory maternity pay, statutory paternity pay or statutory adoption pay
”
.
I1214
In section 150 (annual uprating of benefits), in subsection (1)(j), for “section 166(3)” there is substituted “
section 166(1)(b), 171ZE(1) or 171ZN(1)
”
.
I3615
In section 190 (Parliamentary control of orders and regulations), in subsection (1), after paragraph (aa) there is inserted—
ab
the first regulations to be made under section 2AA;
16
In section 191 (interpretation – general), for the definition of “the Northern Ireland Department” there is substituted—
“the Northern Ireland Department” means the Department for Social Development but—
a
in section 122 and sections 122B to 122E also includes the Department of Finance and Personnel; and
b
in sections 121E, 121F, 122, 122ZA, 122C and 122D also includes the Department for Employment and Learning;
17Social Security Administration (Northern Ireland) Act 1992 (c. 8)
In section 167(1) of the Social Security Administration (Northern Ireland) Act 1992 (interpretation – general), for the definition of “the Department” there is substituted—
“the Department” means the Department for Social Development but—
a
in sections 109A, 116 and 116B to 116D also includes the Department of Finance and Personnel; and
b
in sections 115D, 115E, 116 and 116ZA also includes the Department for Employment and Learning;
I15I2518Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
I2619
In section 171 (time limit for proceedings under section 168, 169 or 170), after “168,” there is inserted “
168A,
”
.
I2720
In section 172(1) (remedies for complaint under section 168 or 170), after “168” there is inserted “
, 168A
”
.
I2821
In section 173 (provisions supplementary to sections 168 to 170)—
a
in subsection (1), after “168” there is inserted “
, 168A
”
, and
b
in subsection (2), after “168,” there is inserted “
168A,
”
.
I14I2922
In section 212A(1) (claims and proceedings to which ACAS arbitration scheme applies)—
a
after “tribunal” insert “
under, or
”
, and
b
after “contravention of” insert—
za
section 80G(1) or 80H(1)(b) of the Employment Rights Act 1996 (flexible working),
and
c
in paragraph (a), for “the Employment Rights Act 1996” substitute “
that Act
”
.
23Employment Tribunals Act 1996 (c. 17)
I2I39I411
The Employment Tribunals Act 1996 is amended as follows.
2
In section 18(1) (claims and proceedings to which provisions as to conciliation apply)—
I30a
in paragraph (b), after “168,” there is inserted “
168A,
”
,
I16b
in paragraph (d)—
i
at the beginning there is inserted “
under or
”
, and
ii
after “28,” there is inserted “
80G(1), 80H(1)(b),
”
, and
I16c
in paragraph (f), at the beginning there is inserted “
under or
”
.
I403
In section 19 (conciliation procedure), at the end of paragraph (a) there is inserted “
and
”
.
I3I3124Employment Rights Act 1996 (c. 18)
The Employment Rights Act 1996 is amended as follows.
25
In section 27(1) (meaning of “wages”), after paragraph (c) there is inserted—
ca
statutory paternity pay under Part 12ZA of that Act,
cb
statutory adoption pay under Part 12ZB of that Act,
26
1
Section 47C (leave for family and domestic reasons) is amended as follows.
2
After paragraph (b) of subsection (2) there is inserted—
ba
ordinary or additional adoption leave,
F263
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1727
In section 48 (right to present complaint of detriment to employment tribunal), in subsection (1), for “or 47C” there is substituted “
, 47C or 47D
”
.
28
In section 78 (parental leave: special cases), in subsection (6), for the words from “to maternity” to the end there is substituted—
to parental leave and partly to—
a
maternity leave, or
b
adoption leave,
or to both.
29
1
Section 88 (pay during notice period: employments with normal working hours) is amended as follows.
2
In subsection (1)(c), for “parental leave” there is substituted “
adoption leave, parental leave or paternity leave
”
.
3
In subsection (2), after “statutory maternity pay,” there is inserted “
paternity pay, statutory paternity pay, adoption pay, statutory adoption pay,
”
.
30
1
Section 89 (pay during notice period: employments without normal working hours) is amended as follows.
2
In subsection (3)(b), for “parental leave” there is substituted “
adoption leave, parental leave or paternity leave
”
.
3
In subsection (4), after “statutory maternity pay,” there is inserted “
paternity pay, statutory paternity pay, adoption pay, statutory adoption pay,
”
.
31
In section 92 (right to written statement of reasons for dismissal), in subsections (2) and (3), for “subsection (4)” there is substituted “
subsections (4) and (4A)
”
, and after subsection (4) there is inserted—
4A
An employee who is dismissed while absent from work during an ordinary or additional adoption leave period is entitled to a written statement under this section without having to request it and irrespective of whether he has been continuously employed for any period if he is dismissed in circumstances in which that period ends by reason of the dismissal.
I4232
In section 98 (fairness of dismissal: general), in subsection (6)—
a
for “are” there is substituted “
is
”
, and
b
in paragraph (a), for “99” there is substituted “
98A
”
.
33
1
Section 99 (unfair dismissal: leave for family reasons) is amended as follows.
2
After paragraph (b) of subsection (3) there is inserted—
ba
ordinary or additional adoption leave,
F273
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3234
In section 104 (protection for those asserting certain statutory rights), in subsection (4)(c)
(relevant statutory rights under the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)) after “168,” there is inserted “
168A,
”
.
35
In section 106 (dismissal of replacement employees), in subsection (2)(a), after “childbirth,” there is inserted “
or on adoption leave
”
.
I4336
In section 112(4)
(which provides that an award of compensation for unfair dismissal where no order is made for reinstatement or re-engagement shall be calculated in accordance with certain provisions of that Act), for “127A” there is substituted “
126
”
.
I4437
In section 117(3)(a)
(which provides that an award of compensation for unfair dismissal where an order for reinstatement or re-engagement is not complied with shall be calculated in accordance with certain provisions of that Act), for “127A” there is substituted “
126
”
.
I4538
In section 118(1)(b)
(which provides that compensation for unfair dismissal shall include a compensatory award calculated in accordance with certain provisions of that Act), for “126 and 127A(1), (3) and (4)” there is substituted “
124A and 126
”
.
I4639
In section 123(1)
(which provides that calculation of the compensatory award is subject to the provisions of that section and certain other provisions of that Act), for “, 126, 127 and 127A(1), (3) and (4)” there is substituted “
, 124A and 126
”
.
I4740
Section 127A(internal appeal procedures) shall cease to have effect.
I1841
In section 191(2) (provisions of the Act which have effect in relation to Crown employment), for paragraph (c) there is substituted—
c
Parts 6 to 8A,
I1942
In section 192(2)(e)
(provisions of Part 10 of the Act which have effect in relation to service as a member of the armed forces), after “103” there is inserted “
, 104C
”
.
I2043
In sections 194(2) and 195(2) (provisions of the Act which have effect in relation to employment as a member of the House of Lords or House of Commons staff)—
a
in paragraph (c), for “and 47C” there is substituted “
, 47C and 47D
”
, and
b
for paragraph (e) there is substituted—
e
Parts 7, 8 and 8A,
I2144
1
Section 199 (application of the Act to mariners) is amended as follows.
2
In subsection (2) (provisions not applying to share fishermen)—
a
after “47C,” there is inserted “
47D,
”
, and
b
for “Parts VII and VIII” there is substituted “
Parts 7, 8 and 8A
”
.
3
In subsection (8) (provisions whose application is subject to the limitation in subsection (7)), for paragraph (d) there is substituted—
d
Parts 7, 8 and 8A,
I2245
In section 225 (definition of calculation date for the purposes of the calculation of a week’s pay in relation to cases connected with rights during employment), at the end there is inserted—
6
Where the calculation is for the purposes of section 80I, the calculation date is the day on which the application under section 80F was made.
I4846
In section 226(3)
(definition of calculation date for the purposes of the calculation of a week’s pay in relation to cases connected with unfair dismissal), for “119, 121 or 127A” there is substituted “
112, 119, 120 or 121
”
.
47
I231
Section 227(1) (maximum amount of week’s pay) is amended as follows.
I232
Before paragraph (a) there is inserted—
za
an award of compensation under section 80I(1)(b),
I513
For “or” at the end of paragraph (b) there is substituted—
ba
an award under section 112(5), or
48
1
Section 235 (other definitions) is amended as follows.
F282
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In the definition of “week” in subsection (1), for “section 86” there is substituted “
sections 80A, 80B and 86
”
.
I449
1
Section 236(3) (procedure for making orders and regulations) is amended as follows.
2
After “73,” there is inserted “
75A, 75B,
”
.
F293
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50Finance Act 1997 (c.16)
In section 110 of the Finance Act 1997 (which only permits the supply by social security authorities to the Board of information for certain specified uses), in subsection (5A)
(which ensures that certain kinds of disclosure are nevertheless permitted), for the words from “or paragraph 3” to the end there is substituted “
, paragraph 3 of Schedule 5 to the Tax Credits Act 1999 (supply to Inland Revenue for purposes of tax credit of information so held) or section 14 of the Employment Act 2002 (supply to Inland Revenue for purposes of statutory paternity pay or statutory adoption pay of information so held).
”
I3751Social Security Act 1998 (c. 14)
In paragraph 5A of Schedule 2 to the Social Security Act 1998 (no appeal against a decision made in consequence of a decision under regulations under section 2A of the Administration Act), after “section 2A” there is inserted “
or 2AA
”
.
F452Tax Credits Act 1999 (c. 10)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4953Finance Act 1999 (c. 16)
Sections 132 and 133 of the Finance Act 1999 shall have effect as if statutory maternity pay, statutory paternity pay and statutory adoption pay were matters which are under the care and management of the Commissioners of Inland Revenue.
I2454Employment Relations Act 1999 (c. 26)
In section 23(1) of the Employment Relations Act 1999 (power to extend application of rights conferred under certain enactments), after paragraph (b) there is inserted—
ba
the Employment Act 2002;
I3855Welfare Reform and Pensions Act 1999 (c. 30)
In section 72 of the Welfare Reform and Pensions Act 1999, in subsection (3), after paragraph (a) there is inserted—
aa
section 2AA of the Administration Act,
I5I52 SCHEDULE 8Repeals and revocations
Sch. 8 in force for certain purposes at 9.9.2002 by S.I. 2002/2256, art. 2(c)(d), Sch.; Sch. 8 in force for certain purposes at 24.11.2002 and 6.4.2003 by S.I. 2002/2866, art. 2(4)(5), Sch. 2 (with transitional and saving provision in Sch. 3 para. 4)
Sch. 8 in force at 1.11.2004 for specified purposes by S.I. 2004/2822, art. 2(b)
Short title and chapter | Extent of repeal |
|---|---|
Social Security Contributions and Benefits Act 1992 (c. 4). | In section 164(2)(a), the words “, wholly or partly because of pregnancy or confinement”. |
Social Security Administration Act 1992 (c. 5). | In section 2B(9), the words from “the following” to the first “and”. In section 122(2), the word “or” before paragraph (b). |
Social Security Administration (Northern Ireland) Act 1992 (c. 8). | In section 116(2), the word “or” before paragraph (b). |
Employment Tribunals Act 1996 (c. 17). | In section 19, paragraph (c) and the word “and” immediately before it. |
Employment Rights Act 1996 (c. 18). | Section 3(3) and (4). Section 118(4). Section 127A. |
Social Security Administration (Fraud) Act 1997 (c. 47). | In Schedule 1, paragraph 12(3). |
Employment Rights (Dispute Resolution) Act 1998 (c. 8). | Section 13. In Schedule 1, paragraphs 19 to 21, 23 and 26. |
Social Security Act 1998 (c. 14). | Section 3(3). |
Social Security Contributions (Transfer of Functions, Etc.) Act 1999 (c. 2). | In Schedule 1, paragraph 13. |
Employment Relations Act 1999 (c. 26). | Section 11(6). |
Welfare Reform and Pensions Act 1999 (c. 30). | Section 53(2)(b). |
Title and reference | Extent of revocation |
|---|---|
Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)). | In Schedule 1, paragraph 7. |
Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671). | In Schedule 1, paragraph 15. |
Sch. 1 applied (with modifications) by 1992 c. 5, s. 113A(8)(9) (as inserted (6.4.2005) by National Insurance Contributions and Statutory Payments Act 2004 (c. 3), ss. 9(5), 13; S.I. 2004/1943, art. 4(c))