The Child Support (Northern Ireland) Order 1991

Regulations and orders N.I.

48.—(1) Any regulations or any order made by the Lord Chancellor under this Order (except an order made under Article 1(2)) shall be subject to [F1 negative resolution].

[F2 (2) A statutory rule containing (whether alone or with other provisions) regulations made under—

(a) Article 9(1), 14(4) (so far as the regulations make provision for the default rate of child support maintenance mentioned in Article 14(5)(b)), 28C(2)(b), 28F(2)(b), 30(4A), [F3 32A to 32C, 32E to 32J,] 38(2), 38A, 38B(6), 40(1), 41(2A)(d) F4 ... or 44;

(b) paragraph 3(2) or 10A(1) of Part I of Schedule 1; or

(c) Schedule 4B,

shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) 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 been approved by a resolution of the Assembly.

(2A) A statutory rule containing (whether alone or with other provisions) the first set of regulations made under paragraph 10(1) of Part I of Schedule 1 (as substituted by section 1(3) of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000) shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations) 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 been approved by a resolution of the Assembly.]

(3) The following statutory rules—

(a) any regulations made by the Department under this Order (except regulations to which paragraph (2) [F5 or (2A)] applies); and

(b) any order made by the Department under this Order (except an order made under Article 1(2));

shall be subject to negative resolution.

(4) Any power to make a statutory rule shall be exercisable so to provide for a person to exercise a discretion in dealing with any matter.

F1 Words in art. 48(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 148 (with arts. 28-31)

F2 Art. 48(2)(2A) substituted for art. 48(2) (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 24(1), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

F3 Words in art. 48(2)(a) inserted (1.6.2009 for specified purposes, 3.8.2009 in so far as not already in operation) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 4 para. 1(20)(a) (with s. 37); S.R. 2009/216, art. 2(1)(d)

F4 Words in art. 48(2) repealed (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)

F5 Words in art. 48(3)(a) inserted (22.11.2000 and 3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4), ss. 24(2), 68(2); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2003/53, art. 3(1), Sch.

Modifications etc. (not altering text)

C1 Art. 48(2) (as originally enacted) amended (27.10.2008) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), s. 41(1), Sch. 5 (with s. 37); S.R. 2008/399, art. 2(2)(d)(i) (with art. 3)