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Social Security Act 1985

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This is the original version (as it was originally enacted).

27Other regulations

(1)Section 141(2) of the [1975 c. 14.] Social Security Act 1975 (reference of regulations to Industrial Injuries Advisory Council) and section 10(1) of the [1980 c. 30.] Social Security Act 1980 (reference of regulations to Social Security Advisory Committee) shall not apply—

(a)to regulations made under any of sections 45 (2A), 45A(3), 46(4), 47(1A), 49 and 66(3) and (4) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 13 above;

(b)subject to subsection (5) below, to regulations made under section 84(4) of that Act, before the expiry of the period of six months beginning with the passing of this Act; or

(c)to regulations made under section 32 below before the expiry of the period of six months beginning with the commencement of any relevant provision of this Act.

(2)The reference in subsection (1)(a) above to the commencement of section 13 above is a reference, in relation to any regulations, to the commencement of that section so far as it relates to the provision under which the regulations are made.

(3)Section 167(3) of the Social Security Act 1975 (negative procedure for regulations) shall not apply to the first regulations under any of the provisions of that Act mentioned in subsection (1)(a) above.

(4)The Secretary of State shall not make any such regulations unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(5)Subsection (1)(b) above does not apply to regulations made under section 84(4) of the [1975 c. 14.] Social Security Act 1975 which could have been made if that subsection had not been amended by section 13 above.

(6)The reference in subsection (1)(c) above to a relevant provision of this Act is a reference to a provision of this Act which the statutory instrument containing the regulations states is a provision—

(a)in connection with the coming into force of which the Secretary of State considers it necessary or expedient to make the regulations ; or

(b)which repeals or amends an enactment in connection with the operation of which the Secretary of State considers it necessary or expedient to make the regulations.

(7)Section 141(2) of the Social Security Act 1975 shall not apply to regulations—

(a)made under section 60(1 A) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 14 above ; or

(b)made under any enactment before the expiry of the period of six months beginning with the commencement of section 14 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 60(1 A) of the Social Security Act 1975.

(8)Section 10(1) of the [1980 c. 30.] Social Security Act 1980 shall not apply to regulations—

(a)made under section 4 (6A) or (6D) or 13 (5A) of the Social Security Act 1975 or section 6(5A) of the [1975 c. 60.] Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 7 above ;

(b)made under any enactment before the expiry of the period of six months beginning with the commencement of section 7 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 4(6A) or (6D) or 13(5A) of the Social Security Act 1975 or section 6(5A) of the Social Security Pensions Act 1975 ;

(c)made under section 15A of the [1975 c. 14.] Social Security Act 1975 or section 2 (3A) or 3 (4A) of the [1982 c. 24.] Social Security and Housing Benefits Act 1982 before the expiry of the period of six months beginning with the commencement of section 18 above ;

(d)made under any enactment before the expiry of the period of six months beginning with the commencement of section 18 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under any provision inserted by it in the Social Security Act 1975 or the Social Security and Housing Benefits Act 1982 ;

(e)made under section 9(1 A) of the Social Security and Housing Benefits Act 1982 before the expiry of the period of six months beginning with the commencement of section 19 above ;

(f)made under any enactment before the expiry of the period of six months beginning with the commencement of section 19 above and contained in a statutory instrument which states that it contains only provisions consequential on subsection (1) of that section or such provisions and regulations made under section 9(1 A) of the Social Security and Housing Benefits Act 1982 ;

(g)made under section 22(8) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of paragraph 2 of Schedule 4 to this Act;

(h)made under any enactment before the expiry of the period of six months beginning with the commencement of paragraph 2 of Schedule 4 to this Act and contained in a statutory instrument which states that it contains only provisions consequential on the exercise of the power conferred by virtue of that paragraph or such provisions and regulations made under section 22(8) of the Social Security Act 1975 ;

(j)made under section 165A(1) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 17 above ;

(k)made under any enactment before the expiry of the period of six months beginning with the commencement of section 17 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 165A(1) of the Social Security Act 1975;

(l)made under section 17(2A) of the [1982 c. 24.] Social Security and Housing Benefits Act 1982 before the expiry of the period of six months beginning with the commence-mention of section 20 above ;

(m)made under any enactment before the expiry of the period of six months beginning with the commencement of section 20 above and contained in a statutory instrument which states that it contains only provisions consequential on the exercise of the power conferred by virtue of that section or such provisions and regulations made under section 17 (2A) of the Social Security and Housing Benefits Act 1982.

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