Welfare Reform and Pensions Bill

Welfare Reform and Pensions Bill - continued	House of Lords

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	PART VII
	GENERAL
	Miscellaneous
Contributions and pensions administration.	76. Schedule 11 (which contains amendments dealing with administrative matters relating to contributions and pensions) shall have effect.
Authorisation of certain expenditure.	77. - (1) Where-
	(a) a Minister of the Crown is proposing that or considering whether an Act should change the law as from a specified date, or a date to be determined, and
	(b) the Secretary of State is of the opinion that the change is such that, unless expenditure for preparing for the change is incurred during the period before the passing of that Act, it will not be possible for a service for which he has or will have responsibility to be effectively provided as from that date,
	the Secretary of State may, subject to subsections (2) and (3), incur such expenditure during that period.
	(2) Expenditure is not authorised by virtue of subsection (1) unless-
	(a) the Secretary of State has with the consent of the Treasury laid before the House of Commons a report which states-
	(i) the change in the law which the Minister of the Crown is proposing or considering, and
	(ii) the amount of the expenditure which the Secretary of State proposes to incur and the purposes for which he proposes to incur it; and
	(b) the report has been approved by a resolution of the House of Commons.
	(3) Expenditure is not authorised by virtue of subsection (1) at any time after the end of the period of two years beginning with the day on which the resolution under subsection (2)(b) is passed.
	(4) Subsection (1) is without prejudice to any power of the Secretary of State to incur expenditure otherwise than by virtue of that subsection.
	(5) There shall be made out of the National Insurance Fund into the Consolidated Fund such payments as the Secretary of State determines (in accordance with any directions of the Treasury) to be appropriate in consequence of the operation of this section.
	(6) Any payments falling to be made by virtue of subsection (5) shall be made at such times and in such manner as may be determined by the Treasury.
	(7) In this section "the Secretary of State" means the Secretary of State having responsibility for social security.
	Supplementary
Regulations and orders.	78. - (1) Any power under this Act to make regulations or orders (other than orders under section 69(2)) shall be exercisable by statutory instrument.
	(2) A statutory instrument-
	(a) which contains (whether alone or with other provisions) regulations made under this Act, and
	(b) which is not subject to any requirement that a draft of the instrument 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.
	(3) A statutory instrument containing an order under section 28(3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
	(4) Any power under this Act to make regulations or orders 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.
	(5) Where any such 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.
	(6) Any such power includes power-
	(a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as appears to the authority making the regulations or order to be expedient; and
	(b) to provide for a person to exercise a discretion in dealing with any matter.
	(7) Any power to make regulations or an order for the purposes of any provision of this Act is without prejudice to any power to make regulations or an order for the purposes of any other provision of this or any other Act.
	(8) Any power conferred by this Act to make regulations or an order relating to-
	(a) housing benefit, or
	(b) council tax benefit,
	includes power to make different provision for different areas or different authorities; and regulations under section 60 or 74 may make different provision for different areas.
	(9) Without prejudice to the generality of any of the preceding provisions of this section, regulations under section 60 or 69 may provide for all or any of the provisions of the regulations to apply only in relation to any area or areas specified in the regulations.
	(10) Any power to make regulations under Part V, except sections 29 and 49, shall, if the Treasury so direct, be exercisable only in conjunction with them.
	(11) Before exercising any power to make regulations under Part V, the authority on whom the power is conferred, or, if the power is the subject of a direction under subsection (10), that authority and the Treasury acting jointly, shall consult such persons as the authority, or the authority and the Treasury, may consider appropriate.
Consequential amendments etc.	79. - (1) The consequential amendments specified in Schedule 12 shall have effect.
	(2) The Secretary of State may by regulations make such amendments or revocations of any instrument made under an Act as he thinks necessary or expedient in consequence of the coming into force of any of the provisions specified in subsection (4).
	(3) The Secretary of State may, for the purposes of or in connection with the coming into force of any of the provisions specified in subsection (4), make by regulations any provision which could be made by an order bringing the provision into force.
	(4) The provisions mentioned in subsections (2) and (3) are-
	(a) Part V;
	(b) subsection (1) above so far as relating to paragraphs 14 to 63 of Schedule 12; and
	(c) section 83 so far as relating to Part III of Schedule 13.
Transitional provisions.	80. - (1) The Secretary of State may, for the purposes of or in connection with the coming into force of any provisions of Parts II and III, by regulations make such transitional adaptations or modifications-
	(a) of those provisions, or
	(b) in connection with those provisions, of any provisions of-
	(i) this Act,
	(ii) the Pension Schemes Act 1993, or
	(iii) the Pensions Act 1995,
	then in force,as he considers necessary or expedient.
	(2) For the purposes of subsection (1), section 83 so far as relating to Part I of Schedule 13, together with that Part of that Schedule, shall be taken to be comprised in Part III of this Act.
	(3) No pension sharing order may be made under section 24B of the Matrimonial Causes Act 1973 if the proceedings in which the decree is granted were begun before the day on which section 20 comes into force.
	(4) Paragraph 3 of Schedule 3 does not have effect if the proceedings in which the decree is granted were begun before the day on which section 20 comes into force.
	(5) Where an action of divorce or an action for declarator of nullity has been brought before the day on which section 21 comes into force-
	(a) no pension-sharing order may be made under section 8(1) of the Family Law (Scotland) Act 1985, and
	(b) neither paragraph (f) of section 29(1) nor paragraph (f) of section 49(1) shall apply,
	in relation to that divorce or declarator.
	(6) The Secretary of State may by regulations make such transitional or consequential provision, or such savings, as he considers necessary or expedient for the purposes of or in connection with-
	(a) the coming into force of any provision of Part VI, or
	(b) the operation of any enactment repealed or amended by a provision of Part VI during any period when the repeal or amendment is not wholly in force.
	(7) For the purposes of subsection (6), section 83 so far as relating to Parts IV to VII of Schedule 13, together with those Parts of that Schedule, shall be taken to be comprised in Part VI of this Act.
General financial provisions.	81. - (1) There shall be paid out of money provided by Parliament-
	(a) any expenditure incurred by a Minister of the Crown or government department under this Act; and
	(b) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.
	(2) There shall be paid into the Consolidated Fund any increase attributable to this Act in the sums which under any other Act are payable into that Fund.

Prepared 15 October 1999