Coronavirus Bill (HC Bill 122)
PART 1 continued
Contents page 1-8 9-18 19-28 29-38 39-48 49-58 59-68 69-78 79-88 89-98 99-108 109-118 119-128 129-138 139-158 Last page
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(a) the Scottish Ministers, and
(b) the convener of the Electoral Management Board for Scotland.
(6) Subsection (7) applies where—
(a)
notice of the date for the poll for the election has been published under
5Part 1 of Schedule 1 to the Scottish Local Government Elections Order
2011 (S.S.I. 2011/399) (“the 2011 Order”), and
(b)
under subsection (2)(a), the returning officer fixes a later date for the
poll (“the new date”).
(7) The returning officer must—
(a) 10publish a notice stating that the date has changed, and
(b)
comply with the requirements of Part 1 of Schedule 1 to the 2011 Order
as if the new date had just been fixed under section 37 of the 1973 Act.
(8) In this section—
-
“local authority” means a council constituted under section 2 of the Local
15Government etc. (Scotland) Act 1994 and “area” in relation to a local
authority means the local government area for which the authority is
constituted; -
“returning officer”, in relation to a local authority, means an officer
appointed by the local authority under section 41(1) of the
20Representation of the People Act 1983.
Other administrative requirements
67 Signatures of Treasury Commissioners
(1)
Section 1 of the Treasury Instruments (Signature) Act 1849 (instruments etc
required to be signed by the Commissioners of the Treasury) has effect as if the
25reference to two or more of the Commissioners of Her Majesty’s Treasury were
to one or more of the Commissioners.
(2)
For the purposes of that reference, a Minister of the Crown in the Treasury who
is not a Commissioner of Her Majesty’s Treasury is to be treated as if the
Minister were a Commissioner of Her Majesty’s Treasury.
30National Insurance Contributions
68 Exercise of section 143 of the Social Security Administration Act 1992
(1)
This section applies to an order made under section 143 of the Social Security
Administration Act 1992 (power to alter contributions) if—
(a)
it is made on or after 19 March 2020 and before the end of the period of
352 years beginning with the day on which this Act is passed, and
(b)
it does not increase a figure referred to in section 143(1) or (3) of that Act
above the figure that would apply on 6 April 2020, ignoring the effect
of any order made under section 143 or 145 of that Act on or after 19
March 2020.
(2)
40Section 143(1) of that Act has effect in relation to an order to which this section
applies as if the words from “with a view” to “future period” were omitted.
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(3)
Section 143(4)(a) of that Act (no increase above 0.25%) does not apply to an
order to which this section applies.
(4)
Section 144 of that Act (requirement to lay report and orders not to have effect
before next tax year) does not apply to an order to which this section applies.
(5)
5Section 190(1) of that Act (affirmative procedure for certain orders) does not
apply in relation to an order to which this section applies (and accordingly
such an order is subject to annulment in pursuance of a resolution of either
House of Parliament).
69 Exercise of section 145 of the Social Security Administration Act 1992
(1)
10This section applies to an order made under section 145 of the Social Security
Administration Act 1992 (power to alter primary and secondary contributions)
if—
(a)
it is made on or after 19 March 2020 and before the end of the period of
2 years beginning with the day on which this Act is passed, and
(b)
15it does not increase a rate or figure referred to in section 145(1), (2) or
(4) of that Act above the rate or figure that would apply on 6 April 2020,
ignoring the effect of any order made under section 143 or 145 of that
Act on or after 19 March 2020.
(2)
Section 145(3) of that Act (no increase above 0.25%) does not apply to an order
20to which this section applies.
(3)
Subsections (2) to (5) of section 147 of that Act (requirement to lay report and
coming into force and effect of order) do not apply to an order to which this
section applies.
(4)
Section 190(1) of that Act (affirmative procedure for certain orders) does not
25apply in relation to an order to which this section applies (and accordingly
such an order is subject to annulment in pursuance of a resolution of either
House of Parliament).
70 Exercise of section 5 of the National Insurance Contributions Act 2014
(1)
This section applies to regulations under section 5 of the National Insurance
30Contributions Act 2014 (power to amend the employment allowance
provisions) made on or after 19 March 2020 and before the end of the period of
2 years beginning with the day on which this Act is passed.
(2)
Section 5(5) to (9) of that Act (Parliamentary procedure) does not apply to such
regulations but a statutory instrument containing such regulations is subject to
35annulment in pursuance of a resolution of either House of Parliament.
(3)
But subsection (2) does not apply to regulations falling within section 5(1)(a) of
that Act which decrease a person’s employment allowance for a tax year below
£4,000 (accordingly, section 5(5) of that Act continues to apply to a statutory
instrument containing such regulations).
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Part 2 Final provisions
71 Interpretation
In this Act “Minister of the Crown” means the holder of an office in Her
5Majesty’s Government in the United Kingdom.
72 Financial provision
(1) There is to be paid out of money provided by Parliament—
(a)
any expenditure which is incurred by a Minister of the Crown,
government department or other public authority by virtue of this Act,
(b)
10any increase attributable to this Act in the sums payable by virtue of
any other Act out of money so provided, and
(c)
any other expenditure which is incurred by a Minister of the Crown,
government department or other public authority in connection with
the making of payments, or the giving of financial assistance to a
15person (whether directly or indirectly), as a result of coronavirus or
coronavirus disease.
(2) In subsection (1)(c)—
(a)
the reference to expenditure includes expenditure incurred before or
after the passing of this Act, and
(b)
20“financial assistance” includes assistance provided by way of grant,
loan, guarantee or indemnity, and any other kind of financial assistance
(actual or contingent).
73 Commencement
(1)
This Act comes into force on the day on which this Act is passed, subject to
25subsection (2).
(2)
The following provisions of this Act come into force on such day as a Minister
of the Crown may by regulations appoint, subject to subsections (3) to (9)—
(a) section 7 (and Schedule 6);
(b) section 8;
(c) 30section 9 (and Schedules 7, 8, 9 and 10);
(d) section 14 (and Schedule 11);
(e) section 15;
(f) section 16;
(g) section 17 (and Schedule 12);
(h) 35section 18;
(i) section 20;
(j) sections 23 to 27 (and Schedule 14).
(3)
In the case of provision made by regulations under subsection (2) which could
also be made by an authority under subsection (4), (6) or (8), a Minister of the
40Crown may not make the provision without the authority’s consent.
(4)
If the condition in subsection (5) is met, the Welsh Ministers may by
regulations provide that a provision of this Act to which subsection (2) applies
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comes into force, so far as it extends to England and Wales and applies in
relation to Wales, on a day appointed by the regulations.
(5)
The condition is that, so far as it extends to England and Wales and applies in
relation to Wales, the provision would be within the legislative competence of
the National Assembly for Wales if it were contained in an Act of that
5Assembly (including any provision that could only be made with the consent
of a Minister of the Crown within the meaning of the Ministers of the Crown
Act 1975).
(6)
If the condition in subsection (7) is met, the Scottish Ministers may by
regulations provide that a provision of this Act to which subsection (2) applies
10comes into force so far as it extends to Scotland on a day appointed by the
regulations.
(7)
The condition is that, so far as it extends to Scotland, the provision would be
within the legislative competence of the Scottish Parliament if it were
contained in an Act of that Parliament.
(8)
15If the condition in subsection (9) is met, a Northern Ireland department may by
order provide that a provision of this Act to which subsection (2) applies comes
into force so far as it extends to Northern Ireland on a day appointed by the
order.
(9) The condition is that the provision, so far as it extends to Northern Ireland—
(a)
20would be within the legislative competence of the Northern Ireland
Assembly, and
(b) would not require the consent of the Secretary of State,
if it were contained in an Act of that Assembly.
(10)
Different days may be appointed under subsection (2), (4), (6) or (8) for
25different purposes or areas.
(11)
A Minister of the Crown may by regulations make transitional, transitory or
saving provision in connection with the coming into force of any provision of
this Act, subject as follows.
(12)
In the case of provision made by regulations under subsection (11) which could
30also be made by an authority under any of subsections (13) to (15), a Minister
of the Crown may not make the provision without the authority’s consent.
(13)
The Welsh Ministers may by regulations make transitional, transitory or
saving provision in connection with the coming into force in relation to Wales
of a provision of this Act if the Welsh Ministers—
(a)
35have the power to bring the provision into force in relation to Wales by
virtue of subsection (4) (whether or not it has been brought into force),
or
(b) would have that power if the provision were listed in subsection (2).
(14)
The Scottish Ministers may by regulations make transitional, transitory or
40saving provision in connection with the coming into force in relation to
Scotland of a provision of this Act if the Scottish Ministers—
(a)
have the power to bring the provision into force in relation to Scotland
by virtue of subsection (6) (whether or not it has been brought into
force), or
(b) 45would have that power if the provision were listed in subsection (2).
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(15)
A Northern Ireland department may by order make transitional, transitory or
saving provision in connection with the coming into force in relation to
Northern Ireland of any provision of this Act if a Northern Ireland
department—
(a)
5has the power to bring the provision into force in relation to Northern
Ireland by virtue of subsection (8) (whether or not it has been brought
into force), or
(b) would have that power if the provision were listed in subsection (2).
(16)
Any power of a Minister of the Crown or the Welsh Ministers to make
10regulations under this section is exercisable by statutory instrument.
(17)
Any power of a Northern Ireland department to make an order under this
section is exercisable by statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979 (and not by statutory instrument).
74 Power to suspend and revive provisions of this Act
(1)
15A relevant national authority may by regulations suspend the operation of any
provision of this Act.
(2)
Section 16(1) of the Interpretation Act 1978 applies in relation to the suspension
of a provision of this Act by regulations under subsection (1) as if the provision
had been repealed by an Act.
(3)
20A relevant national authority may by regulations revive the operation of a
provision of this Act suspended by regulations under subsection (1).
(4)
The power in subsection (1) and the power in subsection (3) may be exercised
more than once in relation to the same provision.
(5) Regulations under this section—
(a) 25may make different provision for different purposes or areas;
(b) may make transitional, transitory or saving provision.
(6) References in this section to a provision of this Act do not include—
(a) section 1;
(b) section 2 (and Schedule 1);
(c) 30section 4 and Schedule 3 so far as they—
(i)
make provision about a person who has been registered in the
register of pharmaceutical chemists or against whose name in
that register an annotation has been recorded, or
(ii)
make provision for or in connection with the revocation of a
35person’s registration or the removal of an annotation;
(d) section 5(a) and paragraph 1 of Schedule 4 so far as they—
(i)
make provision about a person who has been registered in any
register by virtue of that Schedule, or
(ii)
make provision for or in connection with the revocation of a
40person’s registration;
(e) section 5(b) (and paragraph 2 of Schedule 4);
(f) sections 10, 11 and 12;
(g) section 16;
(h) section 18(11);
(i) 45section 20(7);
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(j) section 32;
(k) section 33;
(l) section 34;
(m) section 35(2) (and Part 2 of Schedule 15);
(n) 5section 36(2) (and Part 2 of Schedule 16);
(o) section 43;
(p) section 44;
(q) section 45;
(r) section 46 (and Schedule 17);
(s) 10section 47 (and Schedule 18);
(t) section 48 (and Schedule 19);
(u) section 49 (and Schedule 20);
(v) section 50 (and Schedule 21);
(w) sections 57 to 66;
(x) 15sections 68 to 70;
(y) a provision of this Part;
(z) Parts 2 to 5 of Schedule 6, and section 7 so far as relating to those Parts;
(aa)
Part 3 of Schedule 7, and section 9(1) and Part 1 of that Schedule so far
as relating to that Part;
(ab)
20Parts 3 and 4 of Schedule 9, and section 9(3) and Part 1 of that Schedule
so far as relating to those Parts;
(ac)
Parts 3 and 4 of Schedule 10, and section 9(4) and Part 1 of that Schedule
so far as relating to those Parts;
(ad)
paragraphs 3(2) and (3), 10, 13, 18, 30, 33 and 35 of Schedule 11, and
25section 14 and paragraphs 1 and 19 of that Schedule, so far as relating
to those paragraphs;
(ae)
paragraphs 8, 9, 15, 16 and 30 of Schedule 12 and section 17 and
paragraphs 1, 10 and 17 of that Schedule so far as relating to those
paragraphs.
(7)
30In this section “relevant national authority” means a Minister of the Crown,
subject as follows.
(8)
In the case of regulations under this section which could also be made by an
authority by virtue of subsection (9), (11) or (13), a Minister of the Crown may
not make the regulations without the authority’s consent.
(9)
35The Welsh Ministers are also a relevant national authority for the purposes of
this section in relation to a provision of this Act if—
(a) it extends to England and Wales and applies in relation to Wales, and
(b)
so far as it so extends and applies, it would be within the legislative
competence of the National Assembly for Wales if it were contained in
40an Act of that Assembly (including any provision that could only be
made with the consent of a Minister of the Crown within the meaning
of the Ministers of the Crown Act 1975).
(10)
The power of the Welsh Ministers to make regulations under this section in
relation to a provision of this Act is a power to do so only so far as the provision
45extends to England and Wales and applies in relation to Wales.
(11)
The Scottish Ministers are also a relevant national authority for the purposes of
this section in relation to a provision of this Act if—
(a) it extends to Scotland, and
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(b)
so far as it so extends, it would be within the legislative competence of
the Scottish Parliament if it were contained in an Act of that Parliament.
(12)
The power of the Scottish Ministers to make regulations under this section in
relation to a provision of this Act is a power to do so only so far as the provision
5extends to Scotland.
(13)
A Northern Ireland department is also a relevant national authority for the
purposes of this section in relation to a provision of this Act if—
(a) it extends to Northern Ireland, and
(b)
so far as it so extends, were it contained in an Act of the Northern
10Ireland Assembly—
(i)
it would be within the legislative competence of that Assembly,
and
(ii) it would not require the consent of the Secretary of State.
(14)
References in this section to regulations are to be read in relation to a Northern
15Ireland department as references to an order.
(15)
The power of a Northern Ireland department to make an order under this
section in relation to a provision of this Act is a power to do so only so far as
the provision extends to Northern Ireland.
(16)
Any power of a Minister of the Crown or the Welsh Ministers to make
20regulations under this section is exercisable by statutory instrument.
(17)
Any power of a Northern Ireland department to make an order under this
section is exercisable by statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979 (and not by statutory instrument).
75 Expiry
(1)
25This Act expires at the end of the period of 2 years beginning with the day on
which it is passed, subject to subsection (2) and section 76.
(2) Subsection (1) does not apply to—
(a) section 1;
(b) section 2 and Schedule 1 so far as they—
(i)
30make provision about a person who has been registered in any
register by virtue of that Schedule, or
(ii)
make provision for or in connection with the revocation of a
person’s registration;
(c) section 4 and Schedule 3 so far as they—
(i)
35make provision about a person who has been registered in the
register of pharmaceutical chemists or against whose name in
that register an annotation has been recorded, or
(ii)
make provision for or in connection with the revocation of a
person’s registration or the removal of an annotation;
(d) 40section 5 and Schedule 4 so far as they—
(i)
make provision about a person who has been registered in any
register by virtue of that Schedule, or
(ii)
make provision for or in connection with the revocation of a
person’s registration;
(e) 45sections 10, 11 and 12;
(f) section 16;
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(g) section 18(11);
(h) section 20(7);
(i) sections 57 to 66;
(j) sections 68 to 70;
(k) 5this Part;
(l) Parts 2 to 5 of Schedule 6, and section 7 so far as relating to those Parts;
(m)
Part 3 of Schedule 7, and section 9(1) and Part 1 of that Schedule so far
as relating to that Part;
(n)
Parts 3 and 4 of Schedule 9, and section 9(3) and Part 1 of that Schedule
10so far as relating to those Parts;
(o)
Parts 3 and 4 of Schedule 10, and section 9(4) and Part 1 of that Schedule
so far as relating to those Parts;
(p)
paragraphs 3(2) and (3), 10, 13, 18, 30, 33 and 35 of Schedule 11, and
section 14 and paragraphs 1 and 19 of that Schedule, so far as relating
15to those paragraphs;
(q)
paragraphs 8, 9, 15, 16 and 30 of Schedule 12 and section 17 and
paragraphs 1, 10 and 17 of that Schedule so far as relating to those
paragraphs.
(3)
A Minister of the Crown may by regulations make transitional, transitory or
20saving provision in connection with the expiry of any provision of this Act.
(4)
In the case of provision made by regulations under subsection (3) which could
also be made by an authority under subsection (5), (7) or (9), a Minister of the
Crown may not make the provision without the authority’s consent.
(5)
If the condition in subsection (6) is met, the Welsh Ministers may by
25regulations make transitional, transitory or saving provision in connection
with the expiry in relation to Wales of any provision of this Act.
(6)
The condition is that, so far as it extends to England and Wales and applies to
Wales, the provision would be within the legislative competence of the
National Assembly for Wales if it were contained in an Act of that Assembly
30(including any provision that could only be made with the consent of a
Minister of the Crown within the meaning of the Ministers of the Crown Act
1975).
(7)
If the condition in subsection (8) is met, the Scottish Ministers may by
regulations make transitional, transitory or saving provision in connection
35with the expiry in relation to Scotland of any provision of this Act.
(8)
The condition is that, so far as it extends to Scotland, the provision would be
within the legislative competence of the Scottish Parliament if it were
contained in an Act of that Parliament.
(9)
If the condition in subsection (10) is met, a Northern Ireland department may
40by order make transitional, transitory or saving provision in connection with
the expiry in relation to Northern Ireland of any provision of this Act.
(10) The condition is that the provision, so far as it extends to Northern Ireland—
(a)
would be within the legislative competence of the Northern Ireland
Assembly, and
(b) 45would not require the consent of the Secretary of State,
if it were contained in an Act of that Assembly.
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(11)
The power of a Minister of the Crown or the Welsh Ministers to make
regulations under this section is exercisable by statutory instrument.
(12)
The power of a Northern Ireland department to make an order under this
section is exercisable by statutory rule for the purposes of the Statutory Rules
5(Northern Ireland) Order 1979 (and not by statutory instrument).
76 Power to alter expiry date
(1)
A relevant national authority may by regulations provide that any provision of
this Act—
(a)
does not expire at the time when it would otherwise expire (whether by
10virtue of section 75 or previous regulations under this subsection or
subsection (2)), and
(b) expires instead at such earlier time as is specified in the regulations.
(2)
A relevant national authority may by regulations provide that any provision of
this Act—
(a)
15does not expire at the time when it would otherwise expire (whether by
virtue of section 75 or previous regulations under this subsection or
subsection (1)), and
(b) expires instead at such later time as is specified in the regulations.
(3)
A time specified under subsection (2) in relation to a provision of this Act must
20not be later than the end of the period of 6 months beginning with the time
when the provision would otherwise have expired (whether by virtue of
section 75 or previous regulations under subsection (1) or (2)).
(4) Regulations under this section—
(a) may make different provision for different purposes or areas;
(b) 25may make transitional, transitory or saving provision.
(5)
In this section “relevant national authority” means a Minister of the Crown,
subject as follows.
(6)
In the case of regulations under this section which could also be made by an
authority by virtue of subsection (7), (9) or (11), a Minister of the Crown may
30not make the regulations without the authority’s consent.
(7)
The Welsh Ministers are also a relevant national authority for the purposes of
this section in relation to a provision of this Act if—
(a) it extends to England and Wales and applies in relation to Wales, and
(b)
so far as it so extends and applies, it would be within the legislative
35competence of the National Assembly for Wales if it were contained in
an Act of that Assembly (including any provision that could only be
made with the consent of a Minister of the Crown within the meaning
of the Ministers of the Crown Act 1975).
(8)
The power of the Welsh Ministers to make regulations under this section in
40relation to a provision of this Act is a power to do so only so far as the provision
extends to England and Wales and applies in relation to Wales.
(9)
The Scottish Ministers are also a relevant national authority for the purposes of
this section in relation to a provision of this Act if—
(a) it extends to Scotland, and
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(b)
so far as it so extends, it would be within the legislative competence of
the Scottish Parliament if it were contained in an Act of that Parliament.
(10)
The power of the Scottish Ministers to make regulations under this section in
relation to a provision of this Act is a power to do so only so far as the provision
5extends to Scotland.
(11)
A Northern Ireland department is also a relevant national authority for the
purposes of this section in relation to a provision of this Act if—
(a) it extends to Northern Ireland, and
(b)
so far as it so extends, were it contained in an Act of the Northern
10Ireland Assembly—
(i)
it would be within the legislative competence of that Assembly,
and
(ii) it would not require the consent of the Secretary of State.
(12)
References in this section to regulations are to be read in relation to a Northern
15Ireland department as references to an order.
(13)
The power of a Northern Ireland department to make an order under this
section in relation to a provision of this Act is a power to do so only so far as
the provision extends to Northern Ireland.
(14)
Any power of a Minister of the Crown or the Welsh Ministers to make
20regulations under this section is exercisable by statutory instrument.
(15)
Any power of a Northern Ireland department to make an order under this
section is exercisable by statutory rule for the purposes of the Statutory Rules
(Northern Ireland) Order 1979 (and not by statutory instrument).
77
Power to amend Act in consequence of amendments to subordinate
25legislation
(1)
A relevant national authority may by regulations amend or repeal any
provision of this Act which modifies a provision of subordinate legislation.
(2)
The power in subsection (1) may be exercised only if the amendment or repeal
is necessary in consequence of the amendment or revocation of the provision
30of subordinate legislation by other subordinate legislation.
(3)
Regulations under subsection (1) may make transitional, transitory or saving
provision.
(4)
In this section “relevant national authority” means a Minister of the Crown,
subject as follows.
(5)
35In the case of regulations under subsection (1) which could also be made by an
authority by virtue of any of subsections (6) to (8), a Minister of the Crown may
not make the regulations without the authority’s consent.
(6)
The Welsh Ministers are also a relevant national authority in relation to
regulations under subsection (1) which make provision which would be within
40the legislative competence of the National Assembly for Wales if it were
contained in an Act of that Assembly (including any provision that could only
be made with the consent of a Minister of the Crown within the meaning of the
Ministers of the Crown Act 1975).