Joint Committee on Statutory Instruments Sixth Report


Memorandum by the Department of Social Security


  1. The Committee has requested the Department to submit a memorandum on two following points:

      (i)  Article 2(1)(a) commences, to the extent they are not already in force, the provisions of the 1999 Act specified in Schedule 1 including sections 1 and 4 of that Act. But article 2(1)(b) also commences sections 1 and 4 (among other sections of the 1999 Act) to the more limited extent of heads (i) and (ii) in that sub-paragraph (Parts XI and XII of the 1992 Act). Explain this apparent conflict between articles 2(1)(a) and (b) and to what extent it is intended by the Order to commence sections 1 and 4.

      (ii)  Paragraph 1(b)(ii) of Schedule 19 omits from the 1999 Regulations head (i) of regulation 7(2)(c). This results in regulation 7(2)(c) providing (only) that a relevant decision is to take effect "(ii) in any other case, from the date of the change" (of circumstances). Should not the first four words of this remaining provision have been omitted as a consequence of the removal of head (i)? Or is some other result intended?

  2. As to the first point, article 2(1)(a) of the Order brings into force on 29 November the provisions specified in Schedule 1 to the Order, and in particular sections 1 and 4, in so far as those provisions are not already in force. However, it is expressed to be subject to article 2(2).

  3. By virtue of the opening words of articles 2(1) and 2(2), the commencement of the provisions specified in Schedule 1 is disapplied in relation to the matters specified in sub-paragraphs (a) to (c) of paragraph (2), namely housing benefit and council tax benefit (neither of which are relevant to the Committee's question) and, at sub-paragraph (c), "decisions to which Article 4(6) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (Commencement No.1 and Transitional Provisions) Order 1999 applies" (which includes decisions relating to statutory sick pay and statutory maternity pay).

  4. Article 2(1)(b) makes specific provision for sections 1 and 4 to 7 only, in relation to statutory sick pay and statutory maternity pay, and commences them in so far as they are not already in force.

  5. As to the second point, regulation 7(2)(c) was amended by S.I. 1999/1623 so as to replace head (ii) and insert a head (iii). S.I. 1999/1623 is referred to in footnote (a) (see page 23 of the printed version of the Order). The effect of paragraph 1(b)(ii) is to omit head (i) leaving the new heads (ii) and (iii).

21 December 1999

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