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The Pensions (Northern Ireland) Order 1995
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- Northern Ireland Orders in Council
- 1995 No. 3213 (N.I. 22)
- PART V
- Subordinate legislation, etc.
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The Pensions (Northern Ireland) Order 1995, Cross Heading: Subordinate legislation, etc. is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part V Crossheading Subordinate-legislation-etc:
- Instrument amended by 1998 c. 11 s.23 Sch.5 Pt.IV Ch.II para.72
- power to am. (prosp.) by 1998 c. 47 s.87
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2 para. 18(15)(16) repealed by 2012 c. 3 (N.I.) Sch. 2 para. 4(b)
- Sch. 2 Pt. 3 para. 18(8) repealed by 2008 c. 1 (N.I.) Sch. 6 Pt. 1 (Amendment could not be applied - affected provision not available on legislation.gov.uk)
- Sch. 2 Pt. 3 para. 18(18) repealed by 2008 c. 1 (N.I.) Sch. 6 Pt. 1 (Amendment could not be applied - affected provision not available on legislation.gov.uk)
- art. 37(1A)(a) word inserted by 2016 c. 1 (N.I.) Sch. 2 para. 7(a)
- art. 37(1A)(b) inserted by 2016 c. 1 (N.I.) Sch. 2 para. 7(b)
- art. 51(5A)-(5C) inserted by 2016 c. 1 (N.I.) s. 43(1)
- art. 51(7A) inserted by 2016 c. 1 (N.I.) s. 41(1)(b)
- art. 51(9)(10) inserted by 2016 c. 1 (N.I.) s. 42(3) (This amending provision is itself amended by S.I. 2019/193, reg. 7)
- art. 67A(3)(aa)-(ac) inserted by 2016 c. 1 (N.I.) s. 45(3)
- art. 67A(9)(b)(viii)-(x) inserted by 2016 c. 1 (N.I.) s. 45(6)(b)
- art. 73(2)(2A) substituted for art. 73(2) by 2016 c. 1 (N.I.) Sch. 2 para. 11
- art. 75(1)-(1B) substituted for art. 75(1) by 2016 c. 1 (N.I.) Sch. 2 para. 12
- art. 167(3)(aa) inserted by 2016 c. 1 (N.I.) s. 43(2)
Subordinate legislation, etc.N.I.
Orders and regulations (general provisions)N.I.
166.—(1) Where a power under this Order to make regulations or an order is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.
(2) Any power to make regulations or an order for the purposes of any one provision of this Order is without prejudice to any power to make regulations or an order for the purposes of any other provision.
(3) Any power conferred by this Order to make regulations or an order includes power to make such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations or order to be expedient for the purposes of the regulations or order.
(4) Regulations made under this Order may, for the purposes of or in connection with the coming into operation of any provisions of this Order, make any such provision as could be made by virtue of Article 1(5)(a), by an order bringing those provisions into operation.
Assembly, etc. control of orders and regulationsN.I.
167.—(1) Subject to paragraph (2)—
(a)any orders (except orders under Article 1) made under this Order by a Northern Ireland department, and
(b)any regulations made under this Order,
are subject to negative resolution.
(2) Orders and regulations to which this paragraph applies—
(a)must be laid before the Assembly after being made, and
(b)take effect on such date as may be specified in the order or regulations, but (without prejudice to the validity of anything done thereunder or to the making of a new order or new regulations) 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 order or regulations are approved by a resolution of the Assembly.
(3) Paragraph (2) applies in relation in orders[F1 made by virtue of Article 10(2)] and regulations made by virtue of—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)Article 64(4), [F3or]
(c)Article 113(1), F4...
F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(whether made alone or with other orders or regulations).
[F6(3A) Paragraph (2) also applies in relation to the first regulations made by virtue of Article 41A or 41C (whether made alone or with other regulations).]
(4) Orders (except orders under Article 1) made under this Order by a Minister of the Crown are subject to annulment in pursuance of a resolution of either House of Parliament and section 5 of the Statutory Instruments Act 1946F7 applies accordingly.
F2Art. 167(a) rep. by 2000 c. 4 (NI)
F3Word in art. 167(3)(b) inserted (6.4.2012) by The Pensions (2008 No. 2 Act) (Abolition of Protected Rights) (Consequential Provisions) Order (Northern Ireland) 2012 (S.R. 2012/124), arts. 1(b), 5(7)(a)
F4Word in art. 167(3)(c) omitted (6.4.2012) by virtue of The Pensions (2008 No. 2 Act) (Abolition of Protected Rights) (Consequential Provisions) Order (Northern Ireland) 2012 (S.R. 2012/124), arts. 1(b), 5(7)(b)
F5Art. 167(3)(d) omitted (6.4.2012) by virtue of The Pensions (2008 No. 2 Act) (Abolition of Protected Rights) (Consequential Provisions) Order (Northern Ireland) 2012 (S.R. 2012/124), arts. 1(b), 5(7)(c)
F6Art. 167(3A) inserted (1.9.2021) by Pension Schemes Act 2021 (c. 1), s. 131(2)(d)(3)(c), Sch. 11 para. 12(4); S.R. 2021/240, art. 2(2)(e)
Art. 168—Repeals
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