Regulation 5 Modification of the Certificates Regulations

(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.