PART VMISCELLANEOUS AND SUPPLEMENTAL
Pilot schemes73
1
Any regulations to which this paragraph applies may be made so as to have effect for a specified period not exceeding 12 months.
2
Any regulations which, by virtue of paragraph (1), are to have effect for a limited period are referred to in this Article as “a pilot scheme”.
3
A pilot scheme may provide that its provisions are to apply only in relation to—
a
one or more specified areas or localities;
b
one or more specified classes of person;
c
persons selected—
i
by reference to prescribed criteria; or
ii
on a sampling basis.
4
A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.
5
A pilot scheme ( “the previous scheme”) may be replaced by a further pilot scheme making the same, or similar, provision (apart from the specified period) to that made by the previous scheme.
6
In so far as a pilot scheme would, apart from this paragraph, have the effect of—
a
treating as capable of work any person who would not otherwise be so treated; or
b
reducing the total amount of benefit that would otherwise be payable to any person,
it shall not apply in relation to that person.
7
Paragraph (1) applies to—
a
regulations made under section 167D of the Contributions and Benefits Act (incapacity for work: persons to be treated as incapable or capable of work); and
b
in so far as they are consequential on or supplementary to any such regulations, regulations made under any of the provisions mentioned in paragraph (8).
8
The provisions are—
a
subsection (5)(a) of section 22 of the Contributions and Benefits Act (earnings factors);
b
section 30C of that Act (incapacity benefit: days and periods of incapacity for work);
Sub‐para. (c) rep. by 1999 NI 11
d
subsection (1)(e) of section 123 of that Act (income support) and, so far as relating to income support, subsection (1) of section 131 of that Act (the applicable amount);
e
Part XIIA of that Act (incapacity for work);
f
section 59A of the Administration Act and Article 31 (incapacity for work).
Regulations and orders74
F11
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.
F4F12A
Paragraph (1) has effect subject to any provision providing for regulations to be made by the Treasury or the Commissioners of Inland Revenue.
2B
Powers of the Treasury or the Commissioners of Inland Revenue to make regulations under this Order are exercisable by statutory instrument.
C1C23
Where a power under this Order to make regulations or an order 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.
C1C24
Powers to make regulations for the purposes of any one provision of this Order are without prejudice to powers to make regulations for the purposes of any other provision.
C1C25
Without prejudice to any specific provision in this Order, a power conferred by this Order to make regulations includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations to be expedient for the purposes of those regulations.
C1C26
Without prejudice to any specific provision in this Order, a power conferred by any provision of this Order to make regulations includes power to provide for a person to exercise a discretion in dealing with any matter.
F17
Any power conferred by this Order to make regulations relating to housing benefit shall include power to make different provision for different areas.
8
In this Article “Commissioner” has the same meaning as in section 167(1) of the Administration Act.
Assembly, etc. control of regulations75
F51
[F6The regulations to which this paragraph applies] F7Where regulations specified in paragraph (2) are made by the Department, they 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.
F81A
Where regulations specified in paragraph (2) fall to be made by the Treasury or the Commissioners of Inland Revenue they shall not be made unless a draft of the instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.
2
[F9Paragraph (1) applies to] F10The regulations specified in this paragraph areregulations (whether made alone or with other regulations) under—
a
Article 8, 13(2), 68 or 73; or
b
paragraph 12 of Schedule 1, paragraph 9 of Schedule 2 or paragraph 2 of Schedule 4.
F53
F133A
Regulations made under this Order by the Treasury or the Commissioners of Inland Revenue, other than regulations specified in paragraph (2), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4
Regulations made under this Order by the F14Department of Justice shall be subject to negative resolution.
Reports by the Department76
1
The Department shall prepare, either annually or at such times or intervals as may be prescribed, a report on the standards achieved by the Department in the making of decisions against which an appeal lies to an appeal tribunal constituted under Chapter I of Part II.
2
A copy of every such report shall be laid before the Assembly.
F15Transitory provisions77
Schedule 5 (which contains transitory provisions) shall have effect.
Article 78—Amendments and repeals