Previous Section | Back to Table of Contents | Lords Hansard Home Page |
Lord Freeman: I am grateful to the Minister for that very helpful reply. I am mindful of the fact that it might be for the help, guidance and convenience of this Committee if there could be broader dissemination of the longer response that the Minister had intended, in written form, outside Committee.
Baroness Hollis of Heigham: I shall be happy to do that.
Lord Freeman: It would be most helpful. The point about the subsequent reporting of the board is ex post rather than ex ante and therefore does not answer my point, although the main thrust of it does. I am most grateful to the Minister and I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Baroness Hollis of Heigham moved Amendment No. 250:
On Question, amendment agreed to.
Clause 60 [Regulations, orders and schemes]:
Baroness Hollis of Heigham moved Amendment No. 251:
On Question, amendment agreed to.
[Amendments Nos. 252 and 253 not moved.]
Clause 60, as amended, agreed to.
Clause 61 [Parliamentary etc. control of instruments]:
Baroness Hollis of Heigham moved Amendment No. 254:
The noble Baroness said: I return to a promise I gave at Second Reading, which was to bring forward a government amendment to introduce the affirmative reg procedure on the negative procedure for some regulations. I hope that the Committee will be happy to accept this.
On Question, amendment agreed to.
Clause 61, as amended, agreed to.
[Amendment No. 255 not moved.]
Bill reported with amendments.
"TRANSITORY ARRANGEMENTS: APPELLATE ETC. FUNCTIONS OF COMMISSIONERS
(1) Until such day as the Treasury may by order appoint, Part 1 of this Act has effect subject to the modifications specified in this section; and an order under this subsection may include any transitional provisions or savings which appear appropriate.
(2) Except in the case of an appeal against an employer penalty, an appeal under section 36 is to an appeal tribunal (rather than to the General Commissioners or Special Commissioners).
(3) The function of giving a direction under section 18(10) is a function of an appeal tribunal (rather than of the General Commissioners or Special Commissioners).
(4) Except in the case of an employer information penalty, proceedings under paragraph 3 of Schedule 2 are by way of information made to an appeal tribunal (rather than to the General Commissioners or Special Commissioners).
(5) So far as is appropriate in consequence of subsections (2) to (4)
(a) the references to the General Commissioners or Special Commissioners in sections 18(10) and 37(5) and paragraphs 2 and 3(2) of Schedule 2 are to the appeal tribunal, and
(b) subsections (3) and (4) of section 37 do not apply.
(6) An appeal under paragraph 2(2) or 4(1) of Schedule 2 from a decision of, or against the determination of a penalty by, an appeal tribunal lies to a Social Security Commissioner (rather than to the High Court or Court of Session).
(7) So far as is appropriate in consequence of subsection (6), the references in paragraphs 2(2) and 4 of Schedule 2 to the High Court and the Court of Session are to the Social Security Commissioner.
(8) Regulations may apply any provision contained in
(a) Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14) (social security appeals: Great Britain),
(b) Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) (social security appeals: Northern Ireland), or
(c) section 54 of the Taxes Management Act 1970 (c. 9) (settling of appeals by agreement),
in relation to appeals which, by virtue of this section, are to an appeal tribunal or lie to a Social Security Commissioner, but subject to such modifications as are prescribed.
(9) Except in the case of appeals against employer penalties, subsections (6) and (7) of section 37 do not apply.
(10) "Appeal tribunal" means an appeal tribunal constituted
(a) in Great Britain, under Chapter 1 of Part 1 of the Social Security Act 1998 (c. 14), or
(b) in Northern Ireland, under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)).
(11) "Employer penalty" means
(a) a penalty under section 29 or 30 relating to a requirement imposed by virtue of regulations under section 24, or
(b) a penalty under section 31.
(12) "Employer information penalty" means a penalty under section 30(2)(a) relating to a requirement imposed by virtue of regulations under section 24.
(13) "Social Security Commissioner" means
(a) in Great Britain, the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the Social Security Act 1998 (c. 14) or a tribunal of three or more Commissioners constituted under section 16(7) of that Act, and
(b) in Northern Ireland, the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the Social Security Administration (Northern Ireland) Act 1992 (c. 8) or a tribunal of two or more Commissioners constituted under Article 16(7) of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))."
Page 32, line 37, after "37(6)" insert "or (Transitory arrangements: appellate etc. functions of Commissioners)(8)"
Page 33, line 29, at end insert
"(A1) No regulations to which this subsection applies may be made unless a draft of the instrument containing them (whether or not together with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
(A2) Subsection (A1) applies to
(a) regulations prescribing monetary amounts that are required to be reviewed under section (Annual review),
(b) regulations made by virtue of subsection (2) of section 12 prescribing the amount in excess of which charges are not taken into account for the purposes of that subsection, and
(c) the first regulations made under sections 7(8) and (8A), 9, 11, 12 and 13(2).
The Committee adjourned at twenty-seven minutes before seven o'clock.
Next Section
Back to Table of Contents
Lords Hansard Home Page