Part XV General

Subordinate legislation

C1165 Regulations and orders - general.

C21

Subject to subsection (2) below and to F1any provision providing for an order or regulations to be made by F12the Secretary of State, the Treasury or the Inland Revenue and toany specific provision of this Act, regulations and orders under this Act shall be made by the Department.

2

Regulations with respect to proceedings before the Commissioners (whether for the determination of any matter or for leave to appeal to or from the Commissioners) shall be made by the Lord Chancellor.

C33

Any power conferred by this Act F13on the Department F14, the Secretary of State or the Lord Chancellor to make regulations or orders is exercisable by statutory rule for the purposes of the M1Statutory Rules (Northern Ireland) Order 1979.

C44

Except in the case of regulations under section 22 or 152 above and in so far as this Act otherwise provides, any power conferred by this Act to make regulations or an order may be exercised—

a

either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

b

so as to make, as respects the cases in relation to which it is exercised—

i

the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

ii

the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;

iii

any such provision either unconditionally or subject to any specified condition;

and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make regulations or an order for the purposes of any one provision of this Act are without prejudice to powers to make regulations or an order for the purposes of any other provision.

C45

Without prejudice to any specific provision of this Act, any power conferred by this Act to make regulations or an order (other than the power conferred by section 22), includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations or order to be expedient for the purposes of the regulations or order.

F115A

The provision referred to in subsection (5) includes, in a case where regulations under this Act require or authorise the use of electronic communications, provision referred to in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001.

5B

For the purposes of subsection (5A), references in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001 to an order under section 1 of that Act are to be read as references to regulations under this Act; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.

C46

Without prejudice to any specific provision of this Act, a power conferred by any provision of this Act, except sections 12, F224, 122 and 152, to make regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.

7

Any power conferred by Part VIII of this Act to make regulations relating to housing benefit shall include power to make different provision for different areas.

F37A

Without prejudice to the generality of any of the preceding provisions of this section, regulations under any of sections 2A to F102F and 5A above may provide for all or any of the provisions of the regulations to apply only in relation to any area or areas specified in the regulations.

C58

Regulations under Part VIII of this Act relating to housing benefit administered by the Department of the Environment under section 126(3)(b) above shall not be made without the consent of that Department.

9

Any power to make—

F4a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

regulations under section F5. . . 152(5)(c) above;

c

an order under section F6145(4)(a) or 148(2) above,

shall be exercisable with the consent of the Department of Finance and Personnel.

C410

Any power of the Department under any provision of this Act, except sections 76, 134, F7and 152, to make any regulations or an order, where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel, shall if that Department so directs be exercisable only in conjunction with it.

11

A power under F8section 155 above to make regulations, or to make provision by an order, for modifications or adaptations of the Contributions and Benefits Act or this Act shall be exercisable in relation to any enactment passed or made after this Act which is directed to be construed as one with them, except in so far as any such enactment relates to a benefit in relation to which the power is not exercisable; but this subsection applies only so far as a contrary intention is not expressed in the enactment, and is without prejudice to the generality of any such direction.

F911A

Any power of the Treasury or the Inland Revenue under this Act to make regulations or orders is exercisable by statutory instrument; and subsections (4) to (6) above apply to those regulations or orders as they apply to regulations or orders made by the Department.

12

Any reference in this section or section 166 below to an order or regulations under this Act includes a reference to an order or regulations made under any provision of an enactment passed or made after this Act which is directed to be construed as one with this Act; but this subsection applies only so far as a contrary intention is not expressed in the enactment, and is without prejudice to the generality of any such direction.