
1 
These regulations may be cited as the 
National Insurance (Non-participation—Transfer of Functions) (Transitional)
Regulations 1983 and shall come into operation
on 10th March 1983.
2 
For the purposes of facilitating the winding up of the system of
insurance contained in the former principal Act and the disposal
of matters connected with that system the provisions of 
regulations 3, 4, 
5 and 6
of these regulations shall have effect for transferring to the Occupational
Pensions Board the functions (determination of references and appeals on questions
relating to non-participating employments) dischargeable before the coming
into operation of these regulations by an Adjudicator appointed in accordance
with section 74(3) of the 
National Insurance Act 1965 for the purposes
of Part III of
that Act.
3 

(1) The National Insurance 
(Non-participation—Transitional Provisions) (No. 2)
Regulations 1974 shall be amended
in accordance with the following provisions of this regulation.
(2) In regulation
3(1) of the said regulations the words 
“(1) and (2)” shall be inserted between the words 
“74” and “(determination”.

(3) There shall be added to 
regulation 3 of the said regulations the following
paragraph:—“
(4) 
Sub-section (1) of section 74
shall continue in force in the modified form set out in the Schedule to these
regulations.”
(4) There shall be added to the said regulations
the following Schedule:—“
SCHEDULE
Regulation 3(4)
74 

(1) Regulations under 
section 73(1) of this Act shall provide—

(a) for the determination
by an officer appointed by the Secretary of State (hereafter in this section
referred to as “the registrar”)
of any question whether an employment is to be treated as a non-participating
employment, or as to the persons in relation to whom or the period for which
it is to be so treated, and for the issue, variation and cancellation by the
registrar of the certificates under section 56
 of this Act specifying
the employments which are to be so treated;
(b) for enabling any such question, instead
of being determined as aforesaid, to be referred to the Occupational Pensions
Board, and for enabling appeals to be brought to the said Board from decisions
of the registrar;
(c) for enabling the functions of the registrar
to be exercised by officers appointed to act as his deputies by the Secretary
of State.”
4 
The National
Insurance (Non-participation—Certificates) Regulations 1959
shall be amended as follows:—
(a) in regulation
1(2) of those regulations there shall be substituted
for the definition of “the Adjudicator” the following
definition—“

 “the Board”
means the Occupational Pensions Board established under section 66 of the 
Social Security Act 1973;”

, and
”
  , and
(b) for every reference to the Adjudicator
in the ensuring provisions of those regulations there shall be substituted
a reference to the Board.
5 

(1) The S.I.
1959/2119 National
Insurance (Non-participation—Appeals and References) Regulations 1959
 shall be amended in accordance with the following
provisions of this regulation.
(2) In regulation
1(2) of the said regulations there shall be
substituted for the definition of “the Adjudicator”
the following definition:—“

 “the Board”
means the Occupational Pensions Board established under 
section 66 of the Social Security Act
1973;
”.
(3) For regulation
2 of the said regulations there shall be substituted
the following regulation:—“


2 
The Secretary of the Board, or such other person as the Board may
from time to time appoint for the purpose, shall act as Clerk to the Board
for the performance of such duties in connection with appeals and references
from the Registrar under Part III
of the National Insurance Act 1965
as may be required for the purposes of these regulations.”
(4) Subject to the provisions of 
paragraphs (2) and (3)
of this regulation, for every reference to the Adjudicator in the said regulations
there shall be substituted a reference to the Board.
(5) In regulation
4(9) of the said regulations for the word 
“him” there shall be substituted the words “the
member who presided, or failing him any 2 other members who participated,
when the Board determined the appeal or reference in question”.

(6) Paragraph
(8) of regulation 4
of the said regulations is hereby revoked.
6 
Modification of the provisions of 
section 86 of the Social Security Act
1973 
Section 86 of the Social Security Act
1973 (references and appeals from the Board to the courts on questions
of law) shall be modified so as to have effect as if—
(a) questions of law arising in connection
with any matters falling to be determined by the Board by virtue of the provisions
of these regulations were included in the questions which the Board may refer
to the court under subsection (1)
of that section, and
(b) the rights of appeal to the court conferred
by subsection (4)
of that section upon persons aggrieved included the right to appeal on a question
of law against any decision of the Board on any matter falling to be determined
by them by virtue of the provisions of these regulations, and
(c) the other provisions of that section
applied, as the case may require, to references and appeals to which 
subsections (1) and (4)
apply by virtue of the provisions of these regulations.
7 
In regulation
2(4) of the National Insurance (Non-participation—Transitional
Provisions) Regulations 1974 there shall be
substituted for the words “1983” the words 
“1985”.
Norman Fowler
Secretary of State for Social Services
7th February 1983