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Statutory Instruments

1990 No. 1942 (C.49)

SOCIAL SECURITY

The Social Security Act 1990 (Commencement No. 2) Order 1990

Made

25th September 1990

The Secretary of State for Social Security, in exercise of the powers conferred by section 23(2) of the Social Security Act 1990(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1.-(1) This Order may be cited as the Social Security Act 1990 (Commencement No. 2) Order 1990.

(2) In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Social Security Act 1990.

Appointed days

2. The day appointed for the coming into force of -

(a)the provisions of the Social Security Act 1990 specified in the Schedule to this Order, is 1st October 1990;

(b)Schedule 7 (repeals) in its application to section 79 of the Social Security Act 1986(2) (Crown employment) and section 21(2) in relation to this aspect of Schedule 7, is 21st October 1990;

(c)Schedule 4, paragraph 1 (occupational pensions: independent trustee where employer insolvent etc), for the purpose only of authorising the making of regulations, and section 14(1) (miscellaneous amendments relating to pensions) in so far as it relates to it, is 22nd October 1990;

(d)Schedule 4, paragraph 1, for all other purposes and section 14(1) in so far as it relates to it, is 12th November 1990;

(e)section 2 (severe disablement allowance; age related addition) in so far as it is not already in force, Schedule 4, paragraph 3 (occupational pensions: investment of scheme's resources), and section 14(1) in so far as it relates to that paragraph, is 3rd December 1990;

(f)Schedule 4, paragraph 4, (revaluation of preserved pensions) and section 14(1) in so far as it relates to it, is 1st January 1991;

(g)Schedule 4, paragraph 5 (preservation of rights for persons opting out of schemes), section 14(1) in so far as it relates to it and Schedule 7 in its application to paragraphs 1, 2, 11 and 12 of Schedule 1A to the Social Security Pensions Act 1975(3) (revaluation of pensions and transfer values), is 28th February 1991.

Signed by authority of the Secretary of State for Social Security

Nicholas Scott

Minister of State,

Department of Social Security 25th September 1990

Article 2(a)

SCHEDULEPROVISIONS COMING INTO FORCE ON 1ST OCTOBER 1990

Provisions of the Social Security Act 1990	Subject Matter
Section 2, for the purpose of authorising the making of regulations	Severe disablement allowance: age related addition.
Schedule 4, paragraph 11 and section 14(1) in so far as it relates to that paragraph	Grants by the Occupational Pensions Board to advisory bodies.
Schedule 6 -
paragraph 24	Income support: implementation of increases due to attainment of particular ages.
paragraph 31	Joint citations.
and section 21(1) in so far as it relates to those paragraphs
The following repeals in Schedule 7, and section 21(2) insofar as it relates to them -
In the Social Security Act 1975(4) -
In section 59B -	Reduced earnings allowance and retirement allowance.
(a)in subsection (1),
the words from "and may become" onwards;
(b)in subsection (3), the words "Unless he returns to regular employment";
(c)subsection (4); (d)in subsection (7)(b), the words "or returned to";and (e)in subsection (8), the words "or as not having returned to", "as having returned to, or" and "or returned to"
In section 152(6), the words "the Treasury supplements and"	Sums treated as social security contributions.
In the Social Security Pensions Act 1975(5) -
In section 33(2), the words "and (4)"	Requisite benefit for earner
Sections 56B to 56D	Registration of occupational and personal pension schemes.
Sections 56E(1)(c)	Registration of occupational and personal pension schemes.
Sections 56F to 56K	Registration of occupational and personal pension schemes.
In section 56L -	Registration of occupational and personal pension schemes.
(a)in subsection (1), in paragraph (a), the words "or (c) and paragraph (b)"; (b)in subsection (5), paragraph (b) and, in paragraph (c) the words "or the registrar"; and (c)subsection (9)
Sections 56M and 56N	Registration of occupational and personal pension schemes.
In the Social Security and Housing Benefits Act 1982(6), section 46(3)	Removal of certain liabilities from the National Insurance Fund.
In the Social Security Act 1985(7) -
Section 31(1)	Registration of pension schemes.
In Schedule 5, paragraph 35	Registration of pension schemes.
In the Social Security Act 1986, section 85(4)(a)	Reduction of liabilities of National Insurance Fund.
In the Social Security Act 1988(8), section 2(8) and (8A)	Reduced earnings allowance and retirement allowance.
In the Social Security Act 1989(9) -
In Schedule 1, paragraph 8(3), (4) and (7)	Retirement allowance.
In Schedule 2, in Part II, paragraph 1(2) and in paragraph 4(b) the words "as defined in paragraph 1(2) above"	Construction of references to Departments etc.

Explanatory Note

(This note is not part of the Order)

This Order provides for the coming into force of provisions of the Social Security Act 1990 on the following dates -

- 1st October 1990 for section 2 for the purpose of authorising the making of regulations in relation to severe disablement allowance (age related addition); for Schedule 4, paragraph 11, (occupational pensions: grants by the Occupational Pensions Board to advisory bodies); for Schedule 6, paragraphs 24 and 31, relating to joint citations and income support (implementation of increases due to attainment of particular ages) and for certain repeals consequent on the commencement of the Social Security Act 1990;
- 21st October 1990 for the repeal of provisions in section 79 of the Social Security Act 1986 relating to Crown employment;
- 22nd October 1990 for Schedule 4, paragraph 1, for the purpose of authorising the making of regulations (occupational pensions: requirement for an independent trustee where an employer becomes insolvent etc);
- 12th November 1990 for Schedule 4, paragraph 1, in so far as not brought into force on 22nd October 1990;
- 3rd December 1990 for the provisions in section 2 (in so far as not brought into force on 1st October 1990) and for Schedule 4, paragraph 3, relating to the investment of the resources of occupational pension schemes;
- 1st January 1991 for the provisions in Schedule 4, paragraph 4, relating to the revaluation of preserved pensions;
- 28th February 1991 for the provisions in Schedule 4, paragraph 5, relating to the preservation of rights for persons opting out of schemes and for consequential repeals.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions have been brought into force by the Social Security Act 1990 (Commencement No. 1) Order 1990 (S.I. 1990/1446) (C.43).Provision date of commencement

PROVISION	DATE OF COMMENCEMENT
s.1	1.10.1990
s.3(1)-(5), and (8)	1.10.1990
s.8	15.10.1990
s.11(1) (partially)	17.8.1990
s.11(3)-(6)	17.8.1990
s.12(1) (partially)	18.7.1990
s.12(1) (partially)	1.10.1990
s.12 (2)	1.10.1990
s.13	18.7.1990
s.14(1) (partially)	18.7.1990
s.16(2), (3) and (9)	18.7.1990
s.17(7)	18.7.1990
s.21(1) (partially)	18.7.1990
s.21(1) (partially)	5.8.1990
s.21(1) (partially)	28.10.1990
Schedule 3 (partially)	18.7.1990
Schedule 3 (partially)	1.10.1990
Schedule 4 (partially)	18.7.1990
Schedule 5	18.7.1990
Schedule 6 (partially)	18.7.1990
Schedule 6 (partially)	5.8.1990
Schedule 6 (partially)	28.10.1990

(1)

1990 c. 27.

(2)

1986 c. 50.

(3)

1975 c. 60; Schedule 1A was inserted by the Social Security Act 1985 (c. 53), Schedule 1, paragraph 3.

(4)

1975 c. 14; section 59B was inserted by the Social Security Act 1988 (c. 7), section 2(1).

(5)

Sections 56B to 56N were inserted by the Social Security Act 1985 (c. 53), section 3 and Schedule 2.

(6)

(7)

(8)

(9)