Social Security (Consequential Provisions) (Northern Ireland) Act 1992

Regulations—supplementary U.K.

22 (1) Regulations under this Part of this Schedule shall be made by the Department. U.K.

(2) Powers under this Part of this Schedule to make regulations are exercisable by statutory rule for the purposes of the M1 Statutory Rules (Northern Ireland) Order 1979.

(3) Any power conferred by this Part of this Schedule to make regulations 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 Part of this Schedule;

(iii) any such provision either unconditionally or subject to any specified condition.

(4) The powers to make regulations conferred by any provision of this Part of this Schedule other than paragraph 21 above include powers to make thereby such incidental, supplementary, consequential or transitional provision as appears to the Department to be expedient for the purposes of the regulations.

(5) A power conferred by this Part of this Schedule to make regulations includes power to provide for a person to exercise a discretion in dealing with any matter.

(6) If the Department of Finance and Personnel in Northern Ireland so directs, regulations under this Part of this Schedule shall be made only in conjunction with that Department.

(7) Regulations under this Part of this Schedule shall be subject to negative resolution within the meaning of section 41(6) of the M2 Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.

(8) Sub-paragraphs (12) and (13) of paragraph 6 of Schedule 6 to the M3 Social Security (Northern Ireland) Order 1990 shall apply to regulations under this Part of the Schedule as they apply to regulations under the benefit Acts.

Marginal Citations

M1 S.I. 1979/1573 (N.I. 12).

M2 1954 c. 33 (N.I.).

M3 S.I. 1990/1511 (N.I. 15).