(1)Any reference in the preceding provisions of this Act to regulations under this Act is a reference to regulations made by the Secretary of State.
(2)Any power of the Secretary of State under this Act to make regulations—
(a)shall be exercisable by statutory instrument F1...; and
(b)includes power to make such incidental or supplementary provision as appears to the Secretary of State to be appropriate.
[F2(2A)A statutory instrument containing regulations made by the Secretary of State under this Act—
(a)except in the case of an instrument containing regulations under section 4(1B), is subject to annulment in pursuance of a resolution of either House of Parliament;
(b)in the case of an instrument containing regulations under section 4(1B), may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]
(3)Regulations made by the Secretary of State may contain provision—
(a)with respect to the information and other evidence to be furnished in connection with a claim;
(b)requiring disabled persons to undergo medical examination before their claims are determined or for the purposes of [F3a decision under section 3A above];
(c)restricting the disclosure of medical evidence and advice tendered in connection with a claim or [F3a decision under section 3A above]; and
(d)conferring functions on [F4appeal tribunals] with respect to the matters referred to in paragraphs (a) to (c) above.
[F5(5)The power to make regulations under section 4(1B) may be exercised—
(a)in relation to all cases to which it extends, in relation to those cases but 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 it extends or any lesser provision (whether by way of exception or otherwise);
(ii)the same provision for all cases, different provision for different cases or classes of case or different provision as respects the same case or class of case but for different purposes of this Act;
(iii)provision which is either unconditional or is subject to any specified condition.]
Textual Amendments
F1 Words in s. 8(2)(a) repealed (25.2.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5) , s. 150(3) , Sch. 11 para. 3(2) ; S.I. 2013/358 , art. 2(1) , Sch. 1 para. 18 Sch. 1 para. 24
F2 S. 8(2A) inserted (25.2.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5) , s. 150(3) , Sch. 11 para. 3(3) ; S.I. 2013/358 , art. 2(1) , Sch. 1 para. 18 Sch. 1 para. 24
F3 Words in s. 8(3)(b)(c) substituted (4.3.1999 for certain purposes, 18.10.1999 insofar as not already in force for certain purposes and otherwise prosp. ) by 1998 c. 14 , s. 86(1) , Sch. 7 para. 9(a) ; S.I. 1999/528 , art. 2 , Sch ; S.I. 1999/2860 , art. 2 , Sch. 1 (subject to transitional provisions in Schs. 16-18 )
F4 Words in s. 8(3)(d) substituted (4.3.1999 for certain purposes, 18.10.1999 insofar as not already in force for certain purposes and otherwise prosp. ) by 1998 c. 14 , ss. 86(1) , 87 , Sch. 7 para. 9(b) ; S.I. 1999/528 , art. 2 , Sch ; S.I. 1999/2860 , art. 2 , Sch. 1 (subject to transitional provisions in Schs. 16-18 )
F5S. 8(5) inserted (25.2.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 11 para. 3(4); S.I. 2013/358, art. 2(1), Sch. 1 paras. 18, 24