Public Expenditure and Receipts Act 1968
Public Expenditure and Receipts Act 1968
1968 CHAPTER 14
An Act to increase contributions payable under the National Insurance Act 1965 and the National Health Service Contributions Act 1965, and to strengthen the provisions of the former Act as to enforcement; to restrict the enactments providing for the supply of milk to school children; to provide compensation for civil defence employees in connection with the reduction of activities under section 2 of the Civil Defence Act 1948; to provide for increasing, or for abolishing in the interests of economy, certain fees and other payments; and to amend section 3 of the Local Employment Act 1960 as regards consultation with the advisory committee; and for purposes connected therewith.
[20th March 1968]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Contributions under National Insurance Act 1965.
(1) In the National Insurance Act 1965 for the provisions set out in Schedule 1 there shall be substituted the provisions set out in Schedule 1 to this Act (in place of the provisions previously substituted by the National Insurance Act 1967 ); and there shall be paid out of moneys provided by Parliament any resulting increase in the sums so payable by way of Exchequer supplement under section 7 of the National Insurance Act 1965.
(2) The places liable to inspection under section 90 of the National Insurance Act 1965 for the purpose of ascertaining whether contributions are or have been payable, or have been duly paid, by or in respect of any person shall include any premises or place where an inspector appointed under the Act has reasonable ground for supposing that there is being carried on any agency or other business for the introduction or supply to persons requiring them of persons available to do work or perform services; and the persons subject to the obligations imposed by section 90(3) for that purpose shall include (in addition to the occupier of any such premises or place and the other persons specified in section 90(3)) any person who is or has been carrying on any such business.
(3) Where a person is convicted of an offence under section 90(4)(b ) of the National Insurance Act 1965 (refusal or neglect to answer questions, furnish information etc. when required under that section) and the refusal or neglect is continued by him after his conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding ten pounds for each day on which it is so continued.
Section 93(3) (liability of directors and others for offences of body corporate) and section 94 (general provisions as to prosecutions) of the National Insurance Act 1965 shall apply in relation to offences under this section as they apply in relation to offences under that Act.
(4) Sections 107(1) and 108 of the National Insurance Act 1965 (which require a draft of certain regulations under the Act to be approved by Parliament, and a preliminary draft of any regulations to be submitted to the National Insurance Advisory Committee) shall not apply to any regulations if they are contained in a statutory instrument made within the six months beginning with the date of the passing of this Act and the instrument states that it is made in consequence of the passing of subsection (1) above; but that subsection shall not come into force until such date as the Minister of Social Security may appoint by order made by statutory instrument, which shall be laid before Parliament after being made.
(5) As from the coming into force of subsection (1) above there are hereby repealed section 1(1)(a ) of the National Insurance Act 1967 and Schedule 1 to that Act.
2 National Health Service contributions.
2. In the National Health Service Contributions Act 1965for the provisions set out in the Schedule there shall, as from the coming into force of section 1(1) of this Act, be substituted the provisions set out in Schedule 2 to this Act.
3 School milk.
(1) Regulations made under section 49 of the Education Act 1944 as to the provision of milk for pupils shall not impose on local education authorities the duty of providing milk for pupils other than pupils in attendance at primary schools or special schools nor for senior pupils in attendance at schools which are primary schools only by virtue of section 114(3) of that Act; and the power under section 78(2)(a ) of that Act to make arrangements as to the provision of milk for pupils in attendance at schools not maintained by the local education authority shall apply only to primary schools and special schools and to junior pupils in other schools.
(2) Section 53 of the Education (Scotland) Act 1962 (which, amongst other things, imposes a duty or, in certain circumstances, confers a power, on education authorities to provide, or to make arrangements for the provision of, milk for pupils and others) shall, so far as it relates to pupils in attendance at public schools, junior colleges or other educational establishments, be construed as imposing such a duty, or, as the case may be, conferring such a power, only in relation to pupils receiving primary education or special educational treatment; and the power under section 55 of that Act to make arrangements as to the provision of milk for pupils in attendance at schools other than public schools shall have effect only in relation to pupils receiving primary education or special educational treatment.
(3) Any regulations or arrangements made before the coming into force of this section shall cease to have effect in so far as they make provision to the contrary of subsection (1) or (2) above.
(4) Expressions used in this section and in the Education Acts 1944 to 1967 or, as regards Scotland, the Education (Scotland) Acts 1939 to 1967 shall be construed in like manner in this section as in those Acts.
(5) This section shall not have effect, as regards England and Wales, until the term following the summer term 1968 (and for this purpose ‘summer term’ means the term ending last before the month of September) or, as regards Scotland, until the 1st August 1968.
4 Compensation to civil defence employees for loss of employment etc.
(1) The Secretary of State shall make regulations for the payment by such local authority or police authority as may be prescribed by or determined under the regulations, but subject to such exceptions or conditions as may be so prescribed, of compensation to or in respect of persons who are the holders of any such place, situation or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the revocation or amendment of any regulations made under section 2 of the Civil Defence Act 1948 .
(2) The compensation payable by any authority shall be payable out of the same fund as expenditure of that authority under section 2 of the Civil Defence Act 1948, and section 3 of that Act (grants towards expenses of local and police authorities) shall apply in relation to expenses incurred in paying the compensation as if they were expenses incurred by virtue of section 2.
(3) Different regulations may be made under this section in relation to different classes of persons, and regulations so made may include provision as to the manner in which and the person to whom any claim for compensation under this section is to be made and for the determination of all questions arising under the regulations.
(4) Regulations under this section shall not be made with reference to the revocation or amendment after the 31st March 1969 of regulations under section 2 of the Civil Defence Act 1948 , but may be made with reference to the revocation or amendment of any such regulations and matters arising thereout before the making of the regulations under this section or the passing of this Act; but in so far as any regulations under this section are framed so as to operate with reference to a date earlier than the making thereof, the regulations shall not place any person other than the authority required by the regulations to pay compensation in a worse position than he would have been in if the regulations had not been so framed.
(5) Regulations made under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) In this section ‘local authority’ has the same meaning as in section 2 of the Civil Defence Act 1948.
5 Increase of fees etc.
(1) With a view to securing from the fees, charges or other payments required or regulated by the enactments mentioned in column 1 of Schedule 3 to this Act a net return corresponding more nearly with the cost of the matters for which they are payable, or to dispensing with payments from which a net return cannot reasonably be expected, those enactments may be amended by an order made by the Minister specified in relation to the enactment in question in column 2 of the Schedule, so as to vary any sum specified by the enactment as the amount or maximum amount of any payment, or so as to provide that any sum payable under the enactment...
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