The Welfare Reform (Northern Ireland) Order 2015

Transitory provision N.I.

4.—(1) Until such date as the Secretary of State may by order made by statutory instrument appoint, a function conferred on a Northern Ireland department to make regulations or an order under—

(a) this Order [F1 or the Welfare Reform and Work (Northern Ireland) Order 2016] , is to be exercised by the Secretary of State rather than by the Northern Ireland department;

(b) any other statutory provision relating to social security or child support maintenance in Northern Ireland, may be exercised by the Secretary of State (as well as by the Northern Ireland department otherwise entitled to exercise the function).

(2) Paragraph (1)(a) does not apply to regulations under Article 135 (discretionary support) or 137 (payments to persons suffering financial disadvantage) [F2 or Article 137A (payments to persons affected by social sector size criteria in calculation of universal credit or housing benefit)] [F3 or Article 137B (cost of work allowance)] .

(3) The following requirements do not apply to regulations or an order made by the Secretary of State by virtue of paragraph (1)(a) or (b).

(4) The requirements are—

(a) the regulations are, or the order is, subject to negative resolution or affirmative resolution;

(b) the regulations are, or the order is, subject to the confirmatory procedure (as defined in Article 49(5));

(c) the regulations or order may not be made unless a draft has been laid before, and approved by a resolution of, the Assembly;

(d) the regulations are, or the order is, to be made with the consent or approval of, or in conjunction with, a Northern Ireland department.

(5) Statutory rules made by the Secretary of State by virtue of paragraph (1)(a) or (b) are subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 applies accordingly.

(6) Sub-paragraph (5) does not apply to an order under Article 2(2) [F4 or under Article 2(1) of the Welfare Reform and Work (Northern Ireland) Order 2016] .

(7) A statutory instrument which contains an order under paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) An order made by statutory instrument under paragraph (1) may contain consequential, transitory or transitional provisions or savings.

Textual Amendments

F1 Words in art. 4(1)(a) inserted (13.10.2016) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(2)(a), 4(2)(a)

F2 Words in art. 4(2) added (13.10.2016) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(2)(d), 19(3)

F3 Words in art. 4(2) added (13.10.2016) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(2)(d), 20(3)

F4 Words in art. 4(6) added (13.10.2016) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999), arts. 2(2)(a), 4(2)(b)