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TRANSPORT (NORTHERN IRELAND) ORDER 1977

TRANSPORT (NORTHERN IRELAND) ORDER 1977 - LONG TITLE

[30th March 1977]
[{3}Article 66(1) of the Road Traffic (Northern Ireland) Order 1981|]
(power of Department to make regulations applying to public service
vehicles generally or to public service vehicles of a particular
class) regulations made under that section may C >>( a ) require a
passenger E >>$$#

SOCIAL SECURITY (MISCELLANEOUS PROVISIONS) (NORTHERN IRELAND) ORDER
1977

SOCIAL SECURITY (MISCELLANEOUS PROVISIONS) (NORTHERN IRELAND) ORDER
1977 - LONG TITLE

[30th March 1977]
[{5}in a case where one or more of the five tax years ending with
the tax year in which the scheme ceases to be contracted-out is a
relevant year in relation to the earner, have effect, unless the
prescribed person otherwise elects in the prescribed manner, subject
to the following provisions, that is to say C >>( a ) any order
made under Article 23 in any of those five tax years increasing an
earnings factor shall be disregarded (but without prejudice to any
increase made by the last order made under Article 23 before the
beginning of those five tax years); and C >>( b ) any relevant
earnings factor derived from contributions in respect of any year
(hereafter in this paragraph referred to as ""the relevant
contributions year'') shall be treated as increased by 12 per cent.
compound for each of those five tax years, other than any of those
years which E >> >(i) constitutes or begins before the relevant
contributions year, or E >>> (ii) begins after the final relevant
year in relation to the earner.]

(2) Regulations may provide that paragraph (1) shall have effect
with prescribed modifications in relation to a scheme which,
immediately before it ceased to be contracted-out, contained
provisions authorised by Article 37(7) of the Pensions Order.

(3) In this Article expressions used in Part IV of the Pensions
Order have the same meanings as in that Part.

SOCIAL SECURITY (MISCELLANEOUS PROVISIONS) (NORTHERN IRELAND) ORDER
1977 - SECT 18

18.(1) Provision may be made by regulations as to the circumstances
in which a person is to be treated as residing or not residing
with another person for any of the purposes of the principal Act
or any other statutory provision relating to social security which
was made after that Act and before this Order and as to the
circumstances in which persons are to be treated for any of those
purposes as residing or not residing together; and accordingly ...
residue amends sch.17 to 1975 c.15

Paras.(2)(5) amend ss.2426, 31, 36, 37, 43, 65, 67, 7173, 93 of
1975 c.15

(6) Section 154 of the principal Act (which among other things
relates to disclosure of information by the Inland Revenue in
connection with the payment of benefit under that Act) shall have
effect as if in subsection (1)

(a)the reference to benefit under that Act included a reference to
payments in pursuance of sections 3 and 5A(1) of the Employment and
Training Act (Northern Ireland) 1950 which are analogous to the
earnings-related supplement mentioned in section 14(7) of the
principal Act [when it was in force]; and

(b)the references to the Department included, in relation to such
payments, references to the Department of Manpower Services.

Paras.(7)(8) amend arts.37, 42, 47 of 1975 NI 15

(9) If a certificate issued by the Department is in force stating
that in its opinion the payment of a guaranteed minimum pension to
which at any time a person is entitled or has accrued rights under
an occupational pension scheme in consequence of an employment is
secured by means of a policy of insurance which satisfies prescribed
conditions or an annuity contract which satisfies prescribed
conditions, then

(a)for the scheme to be contracted-out in relation to the employment
the Occupational Pensions Board need not be satisfied, in pursuance
of Article 43(1)(b) and (c) of the Pensions Order, that the
resources of the scheme are sufficient for paying a state scheme
premium relating to the pension and for meeting the liabilities
accorded priority as mentioned in Article 42(3) of that Order in
respect of the premium; and

(b)subject to paragraph (10), if the scheme ceases to be
contracted-out in relation to the employment no state scheme premium
shall be payable in pursuance of Article 46(2) of the Pensions
Order by reference to the employment.

(10) If the Department considers

[(a)]that a certificate in force in pursuance of paragraph (9) in
connection with an employment was issued in consequence of a mistake
[; or

(b)that the persons upon whom an obligation to pay benefits in
respect of an employment is imposed by the policy of insurance or
annuity contract to which such a certificate relates is likely to
fail to discharge the obligation,]

(11) Article 53 of the Pensions Order and paragraphs 5 to 7 and 9
of Schedule 2 to that Order (which among other things provide for
the modification of provisions of Part IV of that Order in special
cases) shall have effect as if any reference to that Part and to
specified Articles of that Part included a reference to paragraphs
(9) and (10); and expressions used in either of those paragraphs
and that Part have the same meanings in those paragraphs as in
that Part.

Para.(12) rep. by 1980 NI 8 art.16 sch.4 Pt.I

(13) Regulations may provide that ... Article 46(6) [of the Pensions
Order] shall have effect with prescribed modifications in relation to
a scheme which has ceased to be contracted-out and, immediately
before it so ceased, contained provisions authorised by Article 37(7)
of the Pensions Order (which relates to a person whose service in
a contracted-out employment ceases before he attains pensionable age).

Para.(14) amends art.48 of 1975 NI 15; para.(15) amends s.11 of
1971 c.8 (NI)

(16) The Social Security Benefit (Computation of Earnings) (Northern
Ireland) Regulations 1975 (which were made in exercise of powers
which included the powers conferred by section 99(14) of the Social
Security Act 1973) shall have effect as if made in exercise of the
powers conferred by section 3(2) of the principal Act (which
corresponds to the said section 99(14)).

Para.(17) amends ss.120, 127 of 1975 c.15; para.(18) amends sch.2 to
1975 NI 15; paras.(19)(24) rep. by 1977 NI 27 art.42(3) sch.7

(25) The power to amend regulations made before the making of this
Order under section 13(4) of the principal Act (crediting of
contributions for the purpose of enabling contribution conditions to
be satisfied) may be so exercised as to restrict the circumstances
in which and the purposes for which a person is entitled to
credits in respect of weeks before the coming into force of the
amending regulations; but not so as to affect any benefit claimed
for a period before the coming into force of the amending
regulations if it was claimed before 18th March 1977.

SOCIAL SECURITY (MISCELLANEOUS PROVISIONS) (NORTHERN IRELAND) ORDER
1977 - SECT 19

19.(1) Subsections (2), (3) and (5) of section 155 of the principal
Act (which contain general provisions relating to orders and
regulations under that Act) shall have effect as if references to
that Act included references to this Order.

(2) For the purposes of subsection (7) of the said section 155
(under which certain powers may be used to modify or adapt an
enactment passed after that Act which is to be construed as one
with that Act) this Order shall be construed as one with the
principal Act.

(3) Regulations made under this Order shall be subject to negative
resolution.

SOCIAL SECURITY (MISCELLANEOUS PROVISIONS) (NORTHERN IRELAND) ORDER
1977 - SECT 20

20. Subsection (5) of section 129 of the principal Act
(reimbursement of expenses out of the National Insurance Fund) shall
have effect in relation to the administrative expenses of the
Department or any other government department in carrying this Order
into effect as it has effect in relation to the expenses mentioned
in subsection (3)(a) of that section.

Art.21, with Schedule, effects repeals

ScheduleRepeals