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Amendments to the Social Security Contributions (Transfer of Functions, etc.) Bill [H.L.]

Social Security Contributions (Transfer of Functions, etc.) Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Social Security Contributions (Transfer of Functions, etc.) Bill [H.L.] to be moved on Report in the House of Lords.

  
Before Clause 1
 
  
BY THE LORD HIGGINS
THE BARONESS ANELAY OF ST JOHNS
 
     Insert the following new Clause-- 
     ("  .--(1)  This Act (apart from this section) shall not come into force until the conditions set out in subsections (2) and (3) are satisfied.
 
    (2)  The first condition is--
    (a)  that the NIRS2 computer system on which national insurance contributions are to be held is fully operational; and
    (b)  that all such contributions records have been successfully installed on that computer system.
    (3)  The second condition is that, on the day on which an order to bring this Act (or any provision of it) into force is made, no social security benefit payments which depend on national insurance contributions records shall be outstanding for more than one month.")
Commencement.
  
After Clause 3
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Insert the following new Clause-- 
     ("  .  The provisions of Schedule (Recovery of contributions where income tax provisions not applicable) shall have effect with respect to the recovery of--Recovery of
contributions
where income
tax recovery
provisions not
applicable.
 
    (a)  those Class 1, Class 1A, Class 1B and Class 2 contributions to which regulations under paragraph 6 of Schedule 1 to the Social Security Contributions and Benefits Act 1992 (power to combine collection of contributions with income tax) do not apply,
    (b)  Class 4 contributions payable by virtue of regulations under section 18 of that Act, and
    (c)  interest or penalties payable under regulations made under paragraph 7A or 7B of Schedule 1 to that Act.")
1992 c. 4.
  
Clause 4
 
  
BY THE LORD HIGGINS
THE BARONESS ANELAY OF ST JOHNS
 
     Page 2, line 46, at end insert ("until 31st August 2001") 
  
Clause 7
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 3, line 40, after ("made") insert ("for the purposes of this paragraph") 
     Page 4, line 5, leave out ("that Act") and insert ("the Social Security Administration Act 1992")1992 c. 5.
  
Clause 9
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 5, line 17, after ("Act") insert ("(including a decision superseding an earlier decision)") 
     Page 5, line 21, at end insert (", and
    (  )  for any such decision as confirmed or varied by the tax appeal Commissioners on appeal to be superseded, in the event of a material change of circumstances since the decision was made, by a subsequent decision made by an officer of the Board.")
 
  
Clause 10
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 5, leave out lines 28 and 29 and insert--
 
    ("(1)  This section applies to any decision of an officer of the Board under section 7 of this Act or under regulations made by virtue of section 9(1)(b) of this Act (whether as originally made or as varied under regulations made by virtue of section 9(1)(a) of this Act).
 
    (1A)  In the case of a decision to which this section applies--")
 
  
Clause 13
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 7, line 6, at end insert--
    ("(  )  pending the determination by the tax appeal Commissioners of an appeal against any such decision,")
 
     Page 7, line 10, at end insert--
 
    ("(  )  Regulations under this section may, in particular--
    (a)  make provision making a person liable to pay contributions pending the determination by the tax appeal Commissioners of an appeal against a decision of an officer of the Board, and
    (b)  make provision as to the repayment in prescribed circumstances of contributions paid by virtue of the regulations.")
 
  
Clause 19
 
  
BY THE LORD HIGGINS
THE BARONESS ANELAY OF ST JOHNS
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill. 
  
Clause 21
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 10, line 25, leave out subsection (1) and insert--
 
    ("(1)  This section applies to--
    (a)  any contract for the supply of goods or services to the Secretary of State which relates partly to functions transferred by virtue of this Act to the Board (in this section referred to as "transferred functions") and partly to functions retained by the Secretary of State (in this section referred to as "retained functions"), and
    (b)  any contract for the supply of goods or services to the Secretary of State which relates only to transferred functions or only to retained functions, but whose terms are wholly or partly determined in accordance with a contract falling within paragraph (a) above.")
 
     Page 10, line 34, leave out ("functions transferred to them by virtue of this Act") and insert ("transferred functions") 
     Page 10, line 46, leave out ("functions transferred to them by virtue of this Act") and insert ("transferred functions") 
  
Clause 22
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 11, line 25, at end insert-- 
 
    ("(bb)  any function under section 7 of the Social Security Act 1986 (occupational pension schemes becoming contracted-out between 1986 and 1993), so far as that section remains in force by virtue of paragraph 22 of Schedule 6 to the Pension Schemes Act 1993,")
1986 c. 50.
1993 c. 48.
     Page 12, line 27, after ("Fund,") insert-- 
 
    ("(  )  references to section 1(1) of the Social Security Contributions and Benefits Act 1992 and section 161(1) of the Social Security Administration Act 1992 have effect as references to section 1(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and section 141(1) of the Social Security Administration (Northern Ireland) Act 1992,")
1992 c. 4.
1992 c. 5.
1992 c. 7.
1992 c. 8.
     Page 12, line 27, after ("Fund,") insert-- 
 
    ("(  )  references to section 7 of the Social Security Act 1986 and paragraph 22 of Schedule 6 to the Pension Schemes Act 1993 have effect as references to Article 9 of the Social Security (Northern Ireland) Order 1986 and paragraph 21 of Schedule 5 to the Pension Schemes (Northern Ireland) Act 1993,")
1986 c. 50.
1993 c. 48.
S.I. 1986/1888 (N.I. 18).
1993 c. 49.
  
Clause 23
 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 12, line 35, at end insert ("do any of the following") 
     Page 12, line 36, leave out ("Secretary of State") and insert ("relevant Northern Ireland authority") 
     Page 12, line 38, leave out ("or 2") 
     Page 12, leave out lines 40 to 43 and insert-- 
 
    ("(b)  make provision for transferring from the relevant Northern Ireland authority to the Secretary of State any other function in relation to Northern Ireland which relates to any of the matters specified in paragraph 10 of Schedule 2 to the Northern Ireland Act 1998 (excepted matters),
    (bb)  make provision for transferring from the relevant Northern Ireland authority to the Board or the Treasury any function in relation to Northern Ireland corresponding to a function transferred to the Board or, as the case may be, the Treasury by virtue of section 2 of this Act, and")
1998 c. 47.
     Page 12, line 46, at end insert--
 
    ("(1A)  If an Order in Council made under this section by virtue of subsection (1)(b) above has transferred to the Secretary of State any function in relation to Northern Ireland which corresponds to a function transferred to the Board or the Treasury by virtue of section 2 of this Act, Her Majesty may by a further Order in Council under this section make provision for transferring that function from the Secretary of State to the Board or, as the case may be, the Treasury.")
 
     Page 12, line 47, leave out from ("may,") to end of line 2 on page 13 and insert ("for the purposes of the Order") 
     Page 13, line 8, leave out from first ("provision") to ("as") in line 11 
     Page 13, line 11, at end insert ("including-- 
 
          (i)  provision modifying references in any enactment to the Northern Ireland Assembly, to statutory rules for the purposes of the Statutory Rules (Northern Ireland) Order 1979 or to the Comptroller and Auditor General for Northern Ireland,
          (ii)  provision for the transfer of property, rights and liabilities, and
          (iii)  provision for the transfer to Her Majesty's Home Civil Service of persons employed in the Northern Ireland Civil Service.")
S.I. 1979/1573 (N.I. 12).
     Page 13, line 12, leave out subsection (3) and insert--
 
    ("(3)  A certificate issued by the Board, the Secretary of State or the Treasury that any property vested in a Northern Ireland department immediately before an Order under this section takes effect has been transferred by virtue of the Order to the Board, the Secretary of State or the Treasury, as the case may be, shall be conclusive evidence of the transfer.
 
    (4)  A certificate issued by the Board or the Treasury that any property vested in the Secretary of State immediately before an Order under this section takes effect has been transferred by virtue of the Order to the Board or the Treasury, as the case may be, shall be conclusive evidence of the transfer.")
 
     Page 13, line 16, at end insert--
 
    ("(  )  Subsection (1A) above does not limit the powers conferred by section 22 of this Act in relation to Northern Ireland.")
 
     Page 13, line 16, at end insert--
 
    ("(  )  In this section "the relevant Northern Ireland authority", in relation to any function, means the Northern Ireland department by which the function is exercisable.")
 
  
Clause 27
 
  
BY THE LORD HIGGINS
THE BARONESS ANELAY OF ST JOHNS
 
     Page 14, line 17, at end insert--
 
    ("(  )  The provisions of subsections (2) and (3) are subject to section (Commencement).")
 
     Page 14, line 30, leave out ("the passing of this Act") and insert ("such day after 30th November 1999 as the Secretary of State may, by order, appoint") 
     Page 14, line 32, after ("day") insert ("after 30th November 1999") 
  
BY THE BARONESS HOLLIS OF HEIGHAM
 
     Page 15, line 3, at end insert-- 
 
    ("(  )  section 2 and Schedule 3 so far as they amend section 177 of the Social Security Administration Act 1992 or section 88 of the Northern Ireland Act 1998,")
1992 c. 5.
1998 c. 47.
     Page 15, line 4, at end insert--
    ("(  )  section (Recovery of contributions where income tax recovery provisions not applicable) and Schedule (Recovery of contributions where income tax recovery provisions not applicable),")
 
     Page 15, line 15, leave out from ("any") to ("and") in line 16 and insert ("enactment which extends to Northern Ireland,") 
 
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Prepared 22 January 1999