Part XII Advisory Bodies and the Duty to Consult

Consultation with the Social Security Advisory Committee

149 Functions of Social Security Advisory Committee in relation to legislation and regulations.

(1)

The Department may from time to time refer to the Social Security Advisory Committee for consideration and advice such questions relating to the operation of any of the relevant enactments as the Department thinks fit (including questions as to the advisability of amending any of them).

(2)

Subject—

(a)

to subsection (3) below; and

(b)

to section 150 below,

where the Department proposes to make regulations under any of the relevant enactments, it shall refer the proposals, in the form of draft regulations or otherwise, to the Social Security Advisory Committee.

(3)

Subsection (2) above does not apply to the regulations specified in Schedule 5 to this Act .

(4)

The Department shall furnish the Social Security Advisory Committee with such information as the Committee may reasonably require for the proper discharge of its functions.

(5)

In this section “the relevant enactments” means—

(a)

the provisions of the Contributions and Benefits Act F1, this Act and the Social Security (Incapacity for Work) (Northern Ireland) Order 1994, except as they apply to industrial injuries benefit and Old Cases payments;

F2(aa)

the provisions of the Jobseekers (Northern Ireland) Order 1995;

and

F3(ab)

Article 4 of the Child Support (Northern Ireland) Order 1995;

F4(ac)

the provisions of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997; and

F5(ad)

the provisions of Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 and Article 68 of that Order;

F6(ae)

Articles 57, 69 and 70 of the Welfare Reform and Pensions (Northern Ireland) Order 1999, and

(b)

the provisions of Part II of Schedule 3 to the Consequential Provisions Act, except as they apply to industrial injuries benefit; [F7and

(c)

Article 52A(10), Part VA and Articles 691 and 70ZA of the Social Security Pensions (Northern Ireland) Orders 1975.]