Social Security Contributions (Transfer of Functions, etc.) Bill [H.L.] - continued        House of Lords

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  S C H E D U L E S
 
 

 
 
 
SCHEDULE 1
 
  TRANSFER OF CONTRIBUTIONS AGENCY FUNCTIONS AND ASSOCIATED FUNCTIONS
 
Social Security Act 1986 (c. 50)
     1. Section 7 of the Social Security Act 1986 (occupational pension schemes becoming contracted-out between 1986 and 1993), so far as it remains in force by virtue of paragraph 22 of Schedule 6 to the Pension Schemes Act 1993, shall have effect as if-
 
 
    (a) in subsection (1), for "Secretary of State" there were substituted "Commissioners of Inland Revenue",
 
    (b) in subsection (2), for "Secretary of State" and "he" there were substituted respectively "Commissioners of Inland Revenue" and "the Commissioners",
 
    (c) in subsection (8), for "Secretary of State makes", "he is", "he may" and "he paid", in both places where it occurs, there were substituted respectively "Commissioners of Inland Revenue make", "they are", "they may" and "they paid", and
 
    (d) in subsection (9), for "he makes", "he is", in both places where it occurs, "does", "he may" and "he paid" there were substituted respectively "the Commissioners of Inland Revenue make", "they are", "do", "they may" and "they paid".
     2. In section 85 of the Social Security Act 1986 (financial provision)-
 
 
    (a) subsection (3)(b), so far as it remains in force as mentioned in paragraph 1 above, shall have effect as if the reference to the Secretary of State were a reference to the Board, and
 
    (b) subsections (5) and (6) shall have effect in relation to sums recovered by the Board under section 7 of that Act as if the reference in subsection (5) to the Secretary of State included a reference to the Board.
 
Income and Corporation Taxes Act 1988 (c. 1)
     3. In section 638 of the Income and Corporation Taxes Act 1988 (other restrictions on approval of personal pension schemes), in subsection (6)(c) for "Secretary of State" there is substituted "Board".
 
     4. - (1) Section 649 of the Income and Corporation Taxes Act 1988 (minimum contributions under section 43 of the Pension Schemes Act 1993) is amended as follows.
 
      (2) In subsection (1), for "Secretary of State pays" there is substituted "Board pay".
 
      (3) In subsection (3), for "Secretary of State" there is substituted "Board".
 
      (4) In subsection (4), paragraphs (a) and (b) are omitted.
 
      (5) For subsection (5) there is substituted-
 
 
    "(5) The Board shall pay into the National Insurance Fund out of money provided by Parliament the amount of any increase attributable to this section in the sums paid out of that Fund under the Pension Schemes Act 1993."
 
      (6) In subsection (6)(a), for "references to the Secretary of State" there is substituted "in subsections (1) and (3) references to the Board".
 
 
Social Security Contributions and Benefits Act 1992 (c. 4)
     5. - (1) Section 1 of the Social Security Contributions and Benefits Act 1992 (outline of contributory system) is amended as follows.
 
      (2) In subsection (1) for "Secretary of State" there is substituted "Inland Revenue".
 
      (3) In subsection (4)(b), the words from "where under that section" to the end are omitted.
 
     6. In section 17 of the Social Security Contributions and Benefits Act 1992 (exceptions, deferment and incidental matters relating to Class 4 contributions), the following provisions are omitted-
 
 
    (a) in subsection (1), the words from "and may certify" to the end, and
 
    (b) in subsection (4), the words "the Secretary of State and".
     7. In section 18 of the Social Security Contributions and Benefits Act 1992 (Class 4 contributions recoverable under regulations), in subsection (2), for the words from the beginning to "so payable" there is substituted "In relation to Class 4 contributions payable by virtue of regulations under this section".
 
     8. In section 61A of the Social Security Contributions and Benefits Act 1992 (contributions paid in error), in subsections (2)(b) and (4)(b), for "Secretary of State is" there is substituted "Inland Revenue are".
 
     9. In section 151 of the Social Security Contributions and Benefits Act 1992 (employer's liability for statutory sick pay), in subsection (6) for "Secretary of State" there is substituted "Commissioners of Inland Revenue" and after that subsection there is inserted-
 
 
    "(7) Regulations under subsection (6) above must be made with the concurrence of the Commissioners of Inland Revenue".
 
     10. In section 161(3) of the Social Security Contributions and Benefits Act 1992 (application of Part XI to Crown employment), after "prescribed" there is inserted "by regulations made by the Secretary of State with the concurrence of the Treasury".
 
     11. In section 162(1) of the Social Security Contributions and Benefits Act 1992 (application of Part XI to special classes of person), after "may" there is inserted "with the concurrence of the Treasury".
 
     12. - (1) Section 164 of the Social Security Contributions and Benefits Act 1992 (statutory maternity pay: entitlement and liability to pay) is amended as follows.
 
      (2) In subsection (9)(b), for "of his" there is substituted "of the Commissioners of Inland Revenue".
 
      (3) After subsection (10) there is inserted-
 
 
    "(11) Any regulations under subsection (9) above which are made by virtue of paragraph (b) of that subsection must be made with the concurrence of the Commissioners of Inland Revenue."
 
     13. - (1) Section 167 of the Social Security Contributions and Benefits Act 1992 (recovery of amounts paid by way of statutory maternity pay) is amended as follows.
 
      (2) In subsection (1)(b) and (e), for "by the Secretary of State or by the Commissioners of Inland Revenue on behalf of the Secretary of State" there is substituted "by the Commissioners of Inland Revenue".
 
      (3) In subsection (4)(b), for "Secretary of State" there is substituted "Commissioners of Inland Revenue".
 
     14. In section 170(1) of the Social Security Contributions and Benefits Act 1992 (application of Part XII to special classes of person), after "may" there is inserted "with the concurrence of the Treasury".
 
     15. - (1) Section 171 of the Social Security Contributions and Benefits Act 1992 (interpretation of Part XII and supplementary provisions) is amended as follows.
 
      (2) In subsection (1), in the definition of "employee", after "regulations" there is inserted "made with the concurrence of the Inland Revenue".
 
      (3) After subsection (6) there is inserted-
 
 
    "(7) Regulations under any of subsections (2) to (6) above must be made with the concurrence of the Commissioners of Inland Revenue."
 
     16. In paragraph 4 of Schedule 1 to the Social Security Contributions and Benefits Act 1992 (general provisions as to Class 1 contributions)-
 
 
    (a) in paragraph (a), for "Secretary of State" there is substituted "Inland Revenue", and
 
    (b) in paragraph (d)-
 
      (i) for "Secretary of State" there is substituted "Inland Revenue", and
 
      (ii) for "he is" there is substituted "they are".
     17. In paragraph 6 of Schedule 1 to the Social Security Contributions and Benefits Act 1992 (power to combine collection of contributions with tax)-
 
 
    (a) in sub-paragraph (5), for "The power to make regulations under this paragraph includes power to" there is substituted "The Secretary of State may by regulations made with the concurrence of the Inland Revenue",
 
    (b) in sub-paragraph (6), for the words from the beginning to "may" there is substituted "Provision made in regulations under sub-paragraph (5) above may", and
 
    (c) in sub-paragraphs (7) and (8)(a), for "by virtue of this paragraph" there is substituted "under sub-paragraph (1) or (5)".
     18. - (1) Paragraph 7 of Schedule 1 to the Social Security Contributions and Benefits Act 1992 (special penalties in the case of certain returns) is amended as follows.
 
      (2) In sub-paragraph (1), for "paragraph 6" there is substituted "sub-paragraph (1) of paragraph 6" and for "that paragraph" there is substituted "that sub-paragraph".
 
      (3) In sub-paragraph (2), for "paragraph 6" there is substituted "paragraph 6(1)".
 
     19. - (1) Paragraph 8 of Schedule 1 to the Social Security Contributions and Benefits Act 1992 (general regulation-making powers) is amended as follows.
 
      (2) In sub-paragraph (1)(i), for "Secretary of State is" and "him" there are substituted respectively "Inland Revenue are" and "them".
 
      (3) In sub-paragraph (2), for "payment to the Secretary of State" and "recovery by the Secretary of State" there are substituted respectively "payment to the Inland Revenue" and "recovery by the Inland Revenue".
 
      (4) In sub-paragraph (3), for "Secretary of State" there is substituted "Inland Revenue".
 
     20. In Schedule 11 to the Social Security Contributions and Benefits Act 1992 (circumstances in which periods of entitlement to statutory sick pay do not arise), after paragraph 1 there is inserted-
 
 
     "1A. Regulations under paragraph 1 above must be made with the concurrence of the Treasury."
 
 
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