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The Welfare Reform and Pensions (Northern Ireland) Order 1999

Status:

This is the original version (as it was originally made).

Regulations and orders

73.—(1) Regulations or orders (except orders under Article 1 or 69(2) or regulations under Article 49) made under this Order by a Northern Ireland department shall be subject to negative resolution.

(2) Regulations or orders (except orders under Article 1) made under this Order by a Minister of the Crown or a department of the government of the United Kingdom 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.

(3) 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.

(4) Any such power includes power—

(a)to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking statutory provisions) as appears to the authority making the regulations or order to be expedient; and

(b)to provide for a person to exercise a discretion in dealing with any matter.

(5) Any power to make regulations or an order for the purposes of any provision of this Order is without prejudice to any power to make regulations or an order for the purposes of any other statutory provision.

(6) Without prejudice to section 17(5) of the[1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954, any power conferred by this Order to make regulations or orders relating to housing benefit includes power to make different provision for different areas; and regulations under Article 57 or 70 may make different provision for different areas.

(7) Without prejudice to the generality of any of the preceding provisions of this Article, regulations under Article 57 or 69 may provide for all or any of the provisions of the regulations to apply only in relation to any area or areas so specified in the regulations.

(8) Subject to paragraph (10), any power to make regulations under Part V shall, if the Department of Finance and Personnel so directs, be exercisable only in conjunction with it.

(9) Subject to paragraph (11), before exercising any power to make regulations under Part V, the authority on whom the power is conferred, or, if the power is the subject of a direction under paragraph (8), that authority and the Department of Finance and Personnel acting jointly, shall consult such persons as the authority, or the authority and that Department, may consider appropriate, but that duty to consult shall not apply to regulations making only provision corresponding to provision contained in regulations made by the Secretary of State in relation to Great Britain.

(10) Any power of the Lord Chancellor to make regulations under Article 40 shall, if the Treasury so directs, be exercisable only in conjunction with them.

(11) Before exercising any power to make regulations under Article 40, the Lord Chancellor or, if the power is the subject of a direction under paragraph (10), the Lord Chancellor and the Treasury acting jointly, shall consult such persons as he, or they, may consider appropriate.

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