
1 

(1) These regulations may be cited as the
National Insurance (Non-participation-Transitional Provisions) (No. 2) Regulations
1974 and shall come into operation on 6th April 1975.
(2) In these regulations, unless the context
otherwise requires—
 “the Act”
means the 
National Insurance Act 1965;
 “the 1973 Act”
means the Social Security
Act 1973;
 “the Certificates Regulations”
 means the 
National Insurance (Non-participation—Certificates) Regulations 1959
,
as amended;
 “the Continuity of Employment
Regulations” means the National Insurance (Non-participation-Continuity
of Employment) Regulations 1961;and other expressions have the same meaning as in the Act.
(3) Any reference in these regulations to
any provision made by or contained in any enactment or instrument shall, except
in so far as the context otherwise requires, be construed as a reference to
that provision as amended or extended by any enactment or instrument and as
including a reference to any provision which may re-enact or replace it.
(4) The rules for the construction of Acts
of Parliament contained in the 
Interpretation Act 1889 shall apply for the
purposes of the interpretation of these regulations as they apply for the
purposes of the interpretation of an Act of Parliament.
2 
For the purposes of facilitating the winding up of the system of
insurance under the Act and the disposal of matters connected with that system,
and of temporarily retaining for transitional purposes the effect of certain
provisions which are repealed by section 100(2)(b)
 of and Schedule 28
to the 1973 Act and of certain regulations made, or having effect as if made,
by virtue of those repealed provisions, there shall continue in force the
provisions of the Act specified in the following provisions of these regulations,
subject to the modifications therein specified, and the regulations specified
in the following provisions of these regulations shall be subject to the modifications
therein specified.
3 

(1) Sections
56(5) (issue and cancellation of certificates of non-participation), 
74(1) and (2)  (determination of certain questions under 
Part III of the Act), 82
(saving for Tribunals and Inquiries
Act 1971), 85(1)
 and (4) to (7)
(expenses), 114(1) (interpretation)
and 117(3) (except 
paragraph (b) thereof) (amendments to the House of Commons Disqualification Act
1957) of the Act shall continue in force.
(2) Section
56(5) shall be so modified—
(a) as to require regulations to provide
for the issue after 5th April 1975 of such certificates as are mentioned in
that subsection only in respect of periods ending before 6th April 1975; and

(b) as to provide that all certificates issued
before 6th April 1975 which would otherwise still be effective on that date
shall be treated as cancelled on that date.
(3) Section
74 shall be modified so that the Arbitration Act 1950
shall not apply to any proceedings under it.
(4) Sub-section (1) of section 74
shall continue in force in the modified form set out in the Schedule to these
regulations.
4 
Paragraph 18(a) of Schedule 1,
and the entry relating to the National Insurance
Act 1965 in 
Schedule 3, to the 
Tribunals and Inquiries Act 1971 shall continue
in force.
5 

(1) The Certificates Regulations shall be
modified as mentioned in the following paragraphs of this regulation.
(2) Part II
 of the Certificates Regulations (notices and
elections) shall be so modified as to apply only where an election is made
or revoked after 5th April 1975 with a view to the issue, variation or cancellation
of a certificate that an employment is to be treated as having been a non-participating
employment for a period ending before 6th April 1975 and the employer has
before 1st March 1975 given notice of intention in accordance with 
regulation 3 to make or revoke that election.

(3) Regulation
14 (issue, variation, cancellation and surrender
of certificates) shall be so modified—
(a) as to operate only in its application
to the issue and variation of certificates after 5th April 1975 to the effect
that an employment is to be treated as having been a non-participating employment
for a period ending before 6th April 1975;
(b) as to enable the Registrar to vary a
certificate, subject to the proviso to regulation
14(3), in the circumstances mentioned in 
regulation 14(3) and also in order to rectify
errors in the description of persons specified in the certificate (including
errors consisting of the total omission of any reference to particular persons);
and
(c) that regulation
14(6) shall have effect as if 
proviso (b) thereto were omitted.
(4) Regulation
15(1) (further information and change of circumstances)
shall be so modified that, notwithstanding the provisions of 
regulation 3(2) of these regulations, an employer
to whom a certificate has been issued shall continue to be under the obligations
mentioned in regulation 15(1),
as if the certificate had remained in force, until the employer has, in respect
of each person to whom the certificate relates, either assured him of equivalent
pension benefits or made a payment in lieu of contributions under 
Part III of the Act; and so that when such
benefits have been assured or such payments made in respect of all the persons
to whom the certificate relates, the employer shall so inform the Registrar.

(5) Regulation
15(2) (penalties for failure to give the Registrar
certain information) shall be so modified as to have effect as if the references
to penalties were references to a penalty not exceeding £50, or, where
the offence consists of continuing any failure to notify or to give notice
after conviction thereof, £10 for each day on which it is so continued.

6 
The Continuity of Employment Regulations shall be so modified as
to have effect as if the references to non-participating employment were references
to an employment which is or was or but for the repeal of 
section 56 of the Act would have been a non-participating
employment, and as if the references to penalties were references to a penalty
not exceeding £50, or, where the offence consists of continuing any
failure to give notice after conviction thereof, £10 for each day on
which it is so continued.
Barbara Castle
Secretary of State for Social Services

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.