The Social Security (Northern Ireland) Order 1986

Supplementary N.I.

Orders and regulations (general provisions) N.I.

81.—(1)  [F1 Article 71B(1) to (4) of the Pensions Order] (extent of powers) shall apply to powers conferred by this Order to make regulations or orders as they apply to any power to make regulations or orders conferred by that Act but as if for references to that Act there were substituted references to this Order.

• Para. (2) rep. by 1992 c. 9

• Para. (3) rep. by 1993 c. 49

[F1 (4) Regulations and orders made by the Department under this Order, other thanF2 . . . orders under Article 1, shall be subject to negative resolution.]

Paras. (5), (6) rep. by 1992 c. 9

(7) A power conferred on the Department by this Order to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel, shall if that Department so directs be exercisable only in conjunction with it,

Para. (8) rep. by 1993 c. 49

F1 1992 c. 9

F2 1993 c. 49

Financial provision N.I.

82.—(1) There shall be paid out of the Northern Ireland Fund—

• Sub‐paras. (a), (b) rep. by 1993 c. 49

• Sub‐paras. (c), (d) rep. by 1992 c. 9

• Para. (2) rep. by 1992 c. 9

• Paras. (3), (4) rep. by 1993 c. 49

• Para. (5) rep. by 1992 c. 9

(6) There shall also be paid into the National Insurance Fund sums recovered under Article 3(6) or 3(7) or 9(8) or 9(9) any personal pension protected rights premiumF3 . . . .

[F4 (6A) There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Department of Finance and Personnel may direct, such sums as the Department may estimate (in accordance with any directions given by the Department of Finance and Personnel) to be the amount of the administrative expenses incurred by the Department in exercising its functions relating to—

(a) minimum contributions paid by it under Part II; and

(b) payments by it under Article 9.]

Paras. (7)‐(10) rep. by 1992 c. 9

(11) In this Article “the National Insurance Fund” means the Northern Ireland National Insurance Fund.

F3 1992 c. 9

F4 1993 NI 2

Article—83 Amendments and repeals

Transitional N.I.

84.—(1) Regulations may make such transitional and consequential provision (including provision modifying any statutory provision (including this Order)) or saving as the Department considers necessary or expedient in preparation for or in connection with the coming into operation of any provision of this Order or the operation of any statutory provision which is repealed or amended by a provision of this Order during any period when the repeal or amendment is not wholly in operation.

[F5 (1A) Without prejudice to any other powers conferred on it, the Department—

(a) may, for the purpose of making provision with respect to persons falling within paragraph (1B), modify or revoke any regulations made under this Article if the Department considers it necessary or expedient to do so in consequence of, or otherwise in connection with, any statutory provisions or provisions of schemes, arrangements or other instruments coming into operation after the making of this Order; and

(b) may, for the purpose of consolidation, revoke and re‐enact, with any modications which the Department considers necessary or desirable, any regulations under this Article.

(1B) The persons referred to in paragraph (1A)(a) are any persons—

(a) to whom regulations under paragraph (1) apply; or

(b) to whom regulations made under Part III relating to income support applied at any time before the making of the Social Security (Northern Ireland) Order 1989.]

(2) Without prejudice to paragraph (1), the Lord Chancellor may by regulations make such transitional and consequential provision (including provision modifying any statutory provision (including this Order)) or saving as he considers necessary or expedient in preparation for or in connection with the coming into operation of Article 53 (including Schedule 5) or the operation or any statutory provision which is repealed or amended by a provision of this Order during any period when the repeal or amendment is not wholly in operation.

(3) Regulations made by the Lord Chancellor under paragraph (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the [1946 c. 36] Statutory Instruments Act 1946 shall apply accordingly.

F5 1989 NI 13