Social Security (Northern Ireland) Act 1975

156 Orders and regulations (control by Northern Ireland Assembly)

(1) All regulations and every order to which this subsection applies shall be laid before the Northern Ireland Assembly after being made and shall take effect on such date as may be specified in the regulations or the order, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations or a new order) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have, or the order has, been approved by a resolution of that Assembly.

(2) Subsection (1) above applies to—

(a) regulations made by the Department wholly or partly by virtue of any of the following provisions of this Act, namely—

• section 5(3) and (4) (widow's option as to rate of her liability for Class 1 contributions);

• section 7(4) (Class 2 contributions, higher weekly rate);

• section 10(1) (Class 4 contributions recoverable under regulations);

• section 20(3) (additional conditions and restrictions as to certain benefits);

• section 124 (mariners, airmen, etc.);

• section 125 (married women and widows);

(b) any order made by the Department wholly or partly by virtue of section 17(3) of this Act (substituted provision for section 17(1) and (2));

(c) any order made by the Department or the Department of Manpower Services by virtue of section 120 of this Act (alterations of contributions or benefits corresponding to those made by the Secretary of State).

(3) Subsection (1) above does not apply to—

(a) regulations under section 124 of this Act, where the instrument containing the regulations states that the regulations are made for the purpose of making provisions consequential upon the coming into force of an order under section 120 ;

(b) regulations to be made for the purpose only of consolidating regulations thereby revoked;

(c) regulations which, insofar as they are made under the powers conferred by the provisions mentioned in subsection (2) above, only replace provisions of previous regulations with new provisions to the same effect.

(4) All regulations and orders made by the Department under this Act, other than regulations or orders to which subsection (1) above applies, shall be subject to negative resolution within the meaning of section 41(6) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.

(5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (procedure for laying statutory instruments or statutory documents before the Northern Ireland Assembly) shall apply in relation to any instrument or document which by virtue of any provision of this Act is required to be laid before that Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.

(6) During the interim period (as defined by section 1(4) of the [1974 c. 28.] Northern Ireland Act 1974), subsections (1) and (4) of this section have effect subject to paragraph 3 of Schedule 1 to that Act.