Welfare Reform and Pensions Bill

Welfare Reform and Pensions Bill - continued	House of Commons

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	PART VI
	GENERAL
Authorisation of certain expenditure.	67. - (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 Secretary of State in accordance with any directions given by the Treasury.
	(7) In this section "the Secretary of State" means the Secretary of State having responsibility for social security.
Regulations and orders.	68. - (1) Any power under this Act to make regulations or orders 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) 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.
	(4) 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.
	(5) 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.
	(6) 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.
	(7) Any power conferred by this Act to make regulations or an order relating to-
	(a) housing benefit,
	(b) council tax benefit,
	(c) jobseeker's allowances,
	(d) income support,
	(e) family credit, or
	(f) disability working allowance,
	includes power to make different provision for different areas; and any power conferred by this Act to make regulations or an order relating to housing benefit or council tax benefit includes power to make different provision for different authorities.
	(8) Any power to make regulations under Part IV, except sections 20 and 40, shall, if the Treasury so direct, be exercisable only in conjunction with them.
	(9) Before exercising any power to make regulations under Part IV, the person on whom the power is conferred, or, if the power is the subject of a direction under subsection (8), that person and the Treasury acting jointly, shall consult such persons as he, or they, may consider appropriate.
Consequential amendments etc. relating to Parts III and IV.	69. - (1) Schedule 9 (which makes consequential amendments in connection with Parts III and IV) 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 IV;
	(b) subsection (1) above so far as relating to paragraphs 13 to 61 of Schedule 9;
	(c) section 70(7); and
	(d) section 72 so far as relating to Part III of Schedule 10.
Transitional provisions.	70. - (1) The Secretary of State may, for the purposes of or in connection with the coming into force of any provisions of Parts I and II, 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 72 so far as relating to Part I of Schedule 10, together with that Part of that Schedule, shall be taken to be comprised in Part II of this Act.
	(3) No pension sharing order may be made under section 24B or 31(7B) of the Matrimonial Causes Act 1973 in relation to a marriage which-
	(a) has been dissolved by a divorce order made before the day on which section 15 comes into force,
	(b) is the subject of a separation order immediately before that day, or
	(c) is the subject of marital proceedings on that day.
	(4) Subsection (3)(b) ceases to apply to a marriage if the separation order is cancelled.
	(5) Subsection (3)(c) ceases to apply to a marriage if-
	(a) the marital proceedings come to an end without the making of a separation order or divorce order, or
	(b) the marital proceedings come to an end on the making of a separation order and that order is subsequently cancelled.
	(6) No pension sharing order may be made under section 24D of the Matrimonial Causes Act 1973 if the proceedings in which the decree of nullity is granted were begun before the day on which section 15 comes into force.
	(7) Neither paragraph (b) nor paragraph (c) of section 20(1) or 40(1) applies if the marriage is one to which paragraph (a), (b) or (c) of subsection (3) applies.
	(8) Paragraph 2(2) of Schedule 3 does not have effect in relation to a marriage to which paragraph (a), (b) or (c) of subsection (3) applies.
	(9) No pension sharing order may be made under section 8(1) of the Family Law (Scotland) Act 1985 in any action of divorce, or in any action for declarator of nullity, brought before the day on which section 16 comes into force.
	(10) 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 V, or
	(b) the operation of any enactment repealed or amended by a provision of Part V during any period when the repeal or amendment is not wholly in force.
	(11) For the purposes of subsection (10), section 72 so far as relating to Parts IV to VII of Schedule 10, together with those Parts of that Schedule, shall be taken to be comprised in Part V of this Act.
	(12) In this section references to marital proceedings are to be read in accordance with section 20 of the Family Law Act 1996.
General financial provisions.	71. - (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.
Repeals.	72. The enactments specified in Schedule 10 (which include certain enactments no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.
Commencement.	73. - (1) Subject to the provisions of this section, the provisions of this Act shall not come into force until such day as the Secretary of State may by order appoint.
	(2) The following provisions shall not come into force until such day as the Lord Chancellor may by order appoint-
	(a) sections 15, 17 and 18;
	(b) section 69(1) so far as relating to paragraphs 1 to 5 of Schedule 9;
	(c) section 70(3) to (6), (8) and (12); and
	(d) section 72 so far as relating to the entries in Part II of Schedule 10 in respect of the Matrimonial Causes Act 1973, the Matrimonial and Family Proceedings Act 1984 and sections 9(8) and 16 of the Family Law Act 1996.
	(3) The following provisions come into force on the day on which this Act is passed-
	(a) section 58;
	(b) section 59 so far as relating to Part IV of Schedule 8;
	(c) section 60;
	(d) sections 65 to 68;
	(e) section 69(2) to (4);
	(f) section 70(1), (2), (10) and (11); and
	(g) section 71, this section and sections 74 and 75.
	(4) The following provisions come into force on the day on which this Act is passed, but for the purpose only of the exercise of any power to make regulations-
	(a) Parts I to IV;
	(b) sections 48 and 50; and
	(c) section 59 so far as relating to paragraph 21 of Schedule 8.
	(5) Without prejudice to section 68, an order under this section may appoint different days for different purposes or different areas.
Extent.	74. - (1) The following provisions extend to England and Wales only-
	(a) sections 10 to 12;
	(b) sections 15, 17 and 18 and Schedules 3 and 4;
	(c) paragraphs 1 to 5 of Schedule 9, and section 69(1) so far as relating thereto;
	(d) section 70(3) to (8) and (12); and
	(e) the following provisions of Schedule 10-
	(i) the entries in Part I in respect of the Insolvency Act 1986, section 159(5) of the Pension Schemes Act 1993 and sections 91 and 92 of the Pensions Act 1995, and
	(ii) the entries in Part II in respect of the Matrimonial Causes Act 1973, the Matrimonial and Family Proceedings Act 1984 and sections 9(8) and 16 of the Family Law Act 1996,
	and section 72 so far as relating thereto.
	(2) The following provisions extend to Scotland only-
	(a) section 16;
	(b) paragraphs 6 to 12 of Schedule 9, and section 69(1) so far as relating thereto;
	(c) section 70(9); and
	(d) the entries in Part II of Schedule 10 in respect of the Family Law (Scotland) Act 1985 and section 17 of the Family Law Act 1996, and section 72 so far as relating thereto.
	(3) The following provisions extend to England and Wales and Scotland only-
	(a) section 2(4) and (5);
	(b) sections 3 to 6 and Schedule 1;
	(c) sections 8, 9 and 13;
	(d) Schedule 2 (except for paragraphs 1 and 6), and section 14 so far as relating thereto;
	(e) Part IV except sections 34 to 36;
	(f) Chapter I of Part V;
	(g) sections 61 and 63;
	(h) section 65;
	(i) paragraphs 13 to 61 of Schedule 9, and section 69(1) so far as relating thereto;
	(j) section 69(2) to (4); and
	(k) the following provisions of Schedule 10-
	(i) the entries in Part I in respect of section 55(2A) of the Pension Schemes Act 1993 and section 83 of the Pensions Act 1995, and
	(ii) Parts III to VI,
	and section 72 so far as relating thereto.
	(4) The following provisions extend to England and Wales, Scotland and Northern Ireland-
	(a) sections 1, 2(1) to (3) and (6) and 7;
	(b) paragraphs 1 and 6 of Schedule 2, and section 14 so far as relating thereto;
	(c) sections 34 to 36;
	(d) sections 66, 67, 68, 70(1), (2), (10) and (11) and 71;
	(e) the entries in Part I of Schedule 10 in respect of sections 73, 96 and 181 of the Pension Schemes Act 1993 and the Scotland Act 1998, and section 72 so far as relating thereto; and
	(f) section 73, this section and section 75.
	(5) The following provisions extend to Northern Ireland only-
	(a) sections 62 and 64; and
	(b) Part VII of Schedule 10, and section 72 so far as relating thereto.
Short title and general interpretation.	75. - (1) This Act may be cited as the Welfare Reform and Pensions Act 1999.
	(2) In this Act-
	"the Administration Act" means the Social Security Administration Act 1992;
	"the Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992.
	(3) In this Act, except sections 69(2) and (3), 70(1) and (10) and 73, and in any Act amended by this Act, references to the coming into force of any provision of this Act are to its coming into force otherwise than for the purpose of authorising the making of regulations.

Prepared 10 February 1999