Search Legislation

The Social Security (Northern Ireland) Order 1990

Status:

This is the original version (as it was originally made).

6.—(1) In section 156 of the principal Act (regulations and orders: control by Northern Ireland Assembly), for subsection (3) substitute the following subsection—

(3) Subsection (1) above does not apply to—

(a)regulations under section 124 of this Act, where the statutory rule containing the regulations states that the regulations are made for the purpose of making provisions consequential on the making of an order under section 120;

(b)regulations under powers conferred by any provision mentioned in paragraph (a) of subsection (2) above which are to be made for the purpose of consolidating regulations thereby revoked;

(c)regulations which, in so far as they are made under powers so conferred, only replace provisions of previous regulations with new provisions to the same effect..

(2) In Article 71 of the Pensions Order, for paragraphs (1) and (2) substitute the following paragraphs—

(1) Section 156 of the principal Act shall have effect as if in subsection (2) (regulations and orders subject to confirmatory procedure) there were included in paragraph (a) references to—

(a)regulations made by virtue of Article 5;

(b)regulations prescribing actuarial tables for the purposes of Articles 46(7), 46ZA(14), 46A(3) and 47(4).

(2) Subsection (4) of that section (regulations and orders subject to negative resolution) shall have effect as if after the words “other than” there were inserted the words “an order which, under any provision of the Pensions Order, is required to be laid before the Assembly after being made or”..

(3) In Article 24(2) of the Child Benefit (Northern Ireland) Order 1975(1), after “19(1)” insert “, and any regulations contained in a statutory rule which includes any such regulations,”.

(4) In Article 19(3) of the Social Security (Miscellaneous Provisions) (Northern Ireland) Order 1977, at the beginning insert “Subject to section 156(1) of the principal Act,”.

(5) In Article 7(4) of the Social Security (No. 2) (Northern Ireland) Order 1980(2), after “Article 6(3)” insert “and any regulations contained in a statutory rule which includes any such regulations,”.

(6) In Article 36 of the 1982 Order, for paragraph (2) substitute the following paragraph—

(2) Regulations and orders made by the Department under this Order, other than those to which section 156(1) of the principal Act applies and orders under Article 1(2), shall be subject to negative resolution..

(7) Article 23(3) and (4) of the Social Security (Northern Ireland) Order 1985(3) (which require confirmatory procedure for certain regulations and which are spent) shall cease to have effect.

(8) In Article 81 of the 1986 Order, for paragraph (4) substitute the following paragraph—

(4) Regulations and orders made by the Department under this Order, other than those to which section 156(1) of the principal Act applies and orders under Article 1, shall be subject to negative resolution..

(9) After Article 15 of the Social Security (Northern Ireland) Order 1988 insert the following Article—

Regulations and orders, etc.

15A.(1) Section 155(1) to (3A) of the principal Act (regulations and orders: general provisions) shall apply in relation to any power conferred by any provision of this Order to make orders or regulations under this Order as they apply in relation to any power conferred by that Act to make orders or regulations, but as if for references to that Act there were substituted references to this Order.

(2) Regulations and orders made under this Order, other than those to which section 156(1) of the principal Act applies and orders under Article 1(3), shall be subject to negative resolution.

(3) In this Order—

“prescribe” means prescribe by regulations; and

“regulations” means regulations made under this Order by the Department..

(10) In consequence of sub-paragraph (9), the following provisions of that Order shall cease to have effect—

(a)in Article 13, paragraph (6) and in paragraph (7) the words from “and regulations” to the end;

(b)in Article 17, in paragraph (1) the words “subject to negative resolution” and paragraph (3).

(11) In Article 30 of the 1989 Order, for paragraph (3) substitute the following paragraph—

(3) Regulations and orders made under this Order, other than those to which section 156(1) of the principal Act applies and orders under Article 1(2), shall be subject to negative resolution.;

and, in consequence of this paragraph, paragraph (4) of that Article shall cease to have effect.

(12) This sub-paragraph applies to any regulations or order made under the benefit Acts which—

(a)would but for sub-paragraph (13) be subject to negative resolution, and

(b)are contained in a statutory rule which includes any regulations or order subject to confirmatory procedure (that is to say, the procedure described in section 156(1) of the principal Act).

(13) Any regulations or order to which sub-paragraph (12) applies shall not be subject to negative resolution but shall be subject to the confirmatory procedure.

(14) This sub-paragraph applies to any regulations or order under the benefit Acts which—

(a)would but for sub-paragraph (15) be subject to annulment in pursuance of a resolution of either House of Parliament, and

(b)are 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.

(15) Any regulations or order to which sub-paragraph (14) applies shall not be subject as described in head (a) but shall be subject to the requirement described in head (b) of that sub-paragraph.

(16) In section 156(5A) of the principal Act (regulations made by the Lord Chancellor), after “Lord Chancellor” insert “which are not 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”.

(17) In sub-paragraphs (12) and (14) “the benefit Acts” has the meaning given by Article 2(2) of the 1986 Order except that it includes section 5 of the National Insurance Measure (Northern Ireland) 1974(4), section 14 of the Social Security Act 1980(5) so far as subsection (8)(b) applies to that section, and Article 6 of the Forfeiture (Northern Ireland) Order 1982(6).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources