(1)The regulations and orders to which this subsection applies shall be laid before the Assembly after being made and shall take effect on such date as may be specified in the regulations or order, but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations or a new order) 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, or the order has, been approved by a resolution of the Assembly.
(2)Subsection (1) above applies to—
(a)regulations made by the Department under section F1. . . [F219(6)], 28(3), [F330DD(5)(b) or (c),]. . . 104(3), F1. . . F4... above [F5or section 167ZE(1) or section 167ZN (1) above] ;
(b)regulations prescribing payments for the purposes of the definition of “payments by way of occupational or personal pension” in section 121(1) above;
(c)an order made by the Department under section [F625B(1),] 28(2), [F735A(7),]. . .144(3)(b) [F8or 153(2)]. . . [F9 or [F10155A(1)]] above.
(3)Subsection (1) above does not apply to—
F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)regulations under any provision mentioned in subsection (2)(a) above F12. . . which are to be made for the purpose of consolidating regulations thereby revoked;
(c)regulations which, in so far as they are made under any provision mentioned in subsection (2)(a) above F13..., only replace provisions of previous regulations with new provisions to the same effect.
(4)Subject to [F14subsections (4A) and (7)] below, all regulations and orders made by the Department under this Act, other than regulations or orders to which subsection (1) above applies, shall be subject to negative resolution.
[F15(4A)Subsection (4) above does not apply to a statutory rule which contains an order appointing the first or second appointed year (within the meaning of section 121(1) above).]
(5)Section 41(3) of the M1Interpretation Act (Northern Ireland) 1954 (laying statutory instruments or statutory documents before the Assembly) shall apply in relation to any instrument or document which by virtue of any provision of this Act is required to be laid before the Assembly as if it were a statutory instrument or statutory document within the meaning of that Act.
(6)This subsection applies to any regulations or order made under this Act which—
(a)but for subsection (7) below, would be subject to negative resolution, and
(b)are or is contained in a statutory rule which includes any regulations or order subject to the confirmatory procedure.
(7)Any regulations or order to which subsection (6) above applies shall not be subject to negative resolution, but shall be subject to the confirmatory procedure.
F16(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)[F17Subject to subsections (11), (11A) and (11B) below,] regulations made under this Act by the Secretary of State [F18, the Treasury or the Commissioners of Inland Revenue] shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(10)This subsection applies to any regulations made under this Act which—
(a)but for subsection (11) below, would be subject to annulment in pursuance of a resolution of either House of Parliament, and
(b)are, or is, contained in an instrument which is subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament.
(11)Any regulations to which subsection (9) above applies shall not be subject as mentioned in paragraph (a) of that subsection, but shall be subject to the procedure described in paragraph (b) of that subsection.
[F19(11A)A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of section 11(3), 18, 19(4) and (5), 117 [F20, 118 or 141] or an order under section 155A shall not be made unless a draft of the instrument has been laid before Parliament and been approved by resolution of each House of Parliament.
(11B)Subsection (11A) above does not apply to a statutory instrument by reason only that it contains regulations under section 117 which the instrument states are made for the purpose of making provision consequential on provision under section 129 of the Administration Act.]
(12)In this section—
“the Assembly” means the Northern Ireland Assembly;
“the confirmatory procedure” means the procedure described in subsection (1) above;
“subject to negative resolution” has the meaning assigned by section 41(6) of the M2Interpretation Act (Northern Ireland) 1954 (but as if the regulations or orders in question were statutory instruments within the meaning of that Act).
Textual Amendments
F1Words in s. 172(2)(a) repealed (1.4.1999) by S.I. 1999/671, arts. 4, 24(3), Sch. 3 para. 29(2)(b), Sch. 9 Pt. I (with savings and transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6)
F2Words in s. 172(2)(a) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 29(2)(a) (with savings and transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6)
F3Words in s. 172(2)(a) inserted (3.11.2000) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 para. 24; S.R. 2000/332, art. 2(6)
F4Words in s. 172(2)(a) repealed (1.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/392, art. 2
F5Words in s. 172(2)(a) inserted (8.12.2002) by The Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)), arts. 1(2), 17(1), Sch. 2 para. 1(3); S.R. 2002/356, art. 2(2), Sch. 1 Pt. II
F6Words in s. 172(2)(c) inserted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. I para. 37(b); S.R. 1994/450, art. 2(d), Sch. Pt. IV
F7Words in s. 172(2)(c) inserted (12.1.2000 and 2.4.2000 for specified purposes and otherwise prosp.) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 Pt. VI para. 30; S.R. 1999/494, art. 2(1)(b)
F8Words in s. 172(2)(c) substituted (11.11.1999) by 1999 c. 30, ss. 81, 89(4)(d), Sch. 11 para. 11
F9Words in s. 172(2)(c) substituted (23.3.1994) by S.I. 1994/766 (N.I. 5), arts. 1(2), 5(2) (with art. 4(6))
F10Words in s. 172(2)(c) ceased to have effect (24.3.1999 for specified purposes and 1.4.1999 otherwise) by virtue of S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 18 (with savings and transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6)
F11S. 172(3)(a) repealed (1.4.1999) by S.I. 1999/671, arts. 4, 24(3), Sch. 3 para. 29(3), Sch. 9 Pt. I (with savings and transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6)
F12Words in s. 172(3)(b) omitted (6.4.1995) by virtue of S.R. 1995/69, art. 6(1)(a)(iii)
F13Words in s. 172(3)(c) repealed (1.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/392, art. 2
F14Words in s. 172(4) substituted (8.1.2001, 1.2.2001 for specified purposes and 6.4.2002 otherwise) by 2000 c. 4 (N.I.), s. 33(15)(a); S.R. 2000/358, art. 2(e), Sch. Pt. IV (as amended by S.R. 2000/374, art. 3); S.R. 2001/34, art. 2(a)
F15S. 172(4A) inserted (8.1.2001, 1.2.2001 for specified purposes and 6.4.2002 otherwise) by 2000 c. 4 (N.I.), s. 33(15)(b); S.R. 2000/358, art. 2(e), Sch. Pt. IV (as amended by S.R. 2000/374, art. 3); S.R. 2001/34, art. 2(a)
F16S. 172(8) repealed (2.12.1999) by S.I. 1999/663, arts. 1(2), 2(2), Sch. 2; S.I. 1999/3208, art. 2
F17Words in s. 172(9) substituted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 29(4) (with savings and transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6)
F18Words in s. 172(9) inserted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 29(4) (with savings and transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6)
F19S. 172(11A)(11B) inserted (1.4.1999) by S.I. 1999/671, art. 4, Sch. 3 para. 29(5) (with savings and transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6)
F20Words in s. 172(11A) substituted (26.2.2003 for specified purposes, 1.4.2003 for specified purposes, 7.4.2003 in so far as not already in force) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 4 para. 6; S.I. 2003/392, art. 2
Modifications etc. (not altering text)
C1S. 172(4) applied (1.1.2000 for specified purposes and 3.4.2000 otherwise) by 1999 c. 33, s. 115(8); S.I. 1999/3190, art. 2, Sch.; S.I. 2000/464, art. 2, Sch. 1
C2S. 172(9) modified (5.10.1999) by 1999 c. 10, ss. 2(4), 20(2), Sch. 2 para. 20(e)
Marginal Citations